No past, current or future President will enjoy immunity from SARA investigations – Dr. Thomas

Aug 12, 2016 News

By Kiana Wilburg

If an official is found to be stealing assets from the state, then rest assured that he or she would be investigated by the soon to be formalized State Assets Recovery Agency (SARA).  And this is regardless of the office or status held by the individual.
This was made pellucid yesterday during a public consultation process on SARA’s draft legislation which was held at the Pegasus Hotel.
The event attracted numerous legal luminaries inclusive of Chief Justice (ag), Madame Justice Yonette Cummings-Edwards, Madame Justice Roxanne George, head of Guyana’s Bar Association, Attorney-at-Law, Gem Sanford-Johnson and the Director of Public Prosecutions (DPP), Shalimar-Ali-Hack.
Also present were Public Security Minister Khemraj Ramjattan, US Ambassador to Guyana, Perry Holloway, members of the Banking Association, Head of the Human Rights Association, Mike McCormack and members of Transparency Institute of Guyana Inc.
During the consultation, a number of serious concerns regarding the Bill were raised. This newspaper particularly questioned how the Bill proposes to deal with the issue of officials who enjoy a certain level of immunity, but are fingered in corrupt acts.
Sharing his thoughts on the issue was Chief Parliamentary Counsel, Cecil Dhurjon, who provided an overview of the Bill, prior to the discussions with the audience. He is of the opinion that there is no need to inject into the draft legislation, any provision to address officials who enjoy immunity. He emphasized that “No one is immune from criminal law. And so the issue of immunity does not have to be included in it.”

SARU Head, Dr. Clive Thomas

Dhurjon added, “We draft our laws and everyone is expected to abide by it. No matter who you are, everyone is subject to it.”
Head of the State Asset Recovery Unit (SARU), Dr. Clive Thomas also lent his voice to the subject matter.
Dr. Thomas told this newspaper that there is an urgent need to break the “sick” culture where some officials believe that it is their birthright to take assets of the state and use it at their will and pleasure.
He insisted that such a line of thinking is what continues to fuel the “raging levels of corruption” in Guyana, which his agency will be committed to bringing an end to.
The SARU Head said, “In order to bring an end to this, we cannot say that it is okay for some officials to steal what belongs to the state and for others to be placed before the courts when they do it.”
He continued, “And that is why I am saying that no one would be given a free pass. Regardless of whether you were a former cabinet member or a present one, a past president or current, there is just no way you could enjoy some immunity from investigations once you are found stealing the state’s assets.”
The economist added, “ I, along with many other members, am of the firm opinion that the law was never intended to shield any president to such an extent that he can brazenly steal from the nation and we must sit back, watch, and do nothing because of this immunity.”
Dr. Thomas insisted that his agency would be committed to due process. He reiterated however that no past, current and future president or official would enjoy immunity from SARA investigations once they are found to be part of certain corrupt acts.
He added, “You can’t get immunity from committing such a crime. And that is the premise SARA is going to work with. We have to hold all, and I mean all, officials accountable, whether past, present or future.”
During his opening remarks at the event, Dr. Thomas recalled that the previous administration supported the need for Guyana to sign on to the United Nations Convention Against Corruption (UNCAC).
He noted that the Inter-American Development Bank (IDB) has been most helpful in providing the outstanding service of a British Legal Consultant, who has contributed, way beyond the call of duty, in bringing the Draft Bill to this stage.
Dr. Thomas said that yesterday’s consultations marked the second formal round of public stakeholders’ consultations on the legislation. He said that the first was held from January 20 to 22, last, and the main purpose was to help in deciding on the most viable design for the Bill, given Guyana’s circumstances.
Following that consultation, the SARU Head said that the decision was taken to go the route of a Non-Conviction Based Civil Recovery Agency. Dr. Thomas said that among the stakeholders who were separately consulted at that time were civil society, the private business sector, the banking sector, the legal fraternity, Government, the international community, and other inter-governmental agencies.
The SARU Head said that the international community, particularly Canada, the European Union, Russia, the United Kingdom, and the USA, were extremely helpful.
He said that the nations have been very responsive in providing technical and professional advice when requested, training wherever possible, and informational literature, both solicited and unsolicited.
Dr. Thomas said that this has aided the formation of useful networks; in particular Fraud Net. He said that this group represents a worldwide network of leading assets recovery specialists attached to the International Chamber of Commerce. He noted as well that connections were made with the Caribbean Institute of Forensic Accounting.
The SARU Head also acknowledged with deep gratitude, the many contributions made by the Guyanese Diaspora, in helping to frame the unit’s understanding of various issues. While coming from different cultural standpoints, he said that their approaches have revealed a common understanding of the need to deal with the theft of public assets, and the rejection of any notion that seeks to assert the Guyana Constitution protects citizens’ claims to property rights in stolen public assets.
Dr. Thomas said that appreciation must also go to the significant number of citizens and professionals who have provided very helpful information and advice, about legislative requirements to fight corruption.
He also expressed gratitude for the Ministry of Legal Affairs and its hardworking team of officials, who in collaboration with SARU’s Personnel, and under the guidance of the Attorney General Basil Williams, made yesterday’s public consultation possible.