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Dec 04, 2018 News
Chief Justice Roxane George is set to rule in a matter in which former Minister of Finance Dr. Ashni Singh and former head of the National Industrial and Commercial Investment Limited (NICIL), Winston Brassington are challenging the legality of charges for ‘Misconduct in Public Office’ filed against.
The charges were filed earlier this year after the Special Organized Crime Unit (SOCU), an armed of the Guyana Police Force (GPF), completed investigations into the sale of several plots of government lands without regard for valuation.
Dr. Ashni Singh in his capacity as Minister of Finance and Chairman of NICIL—is accused of selling on May 14, 2011 at Lot 126 Barrack Street, Kingston, Georgetown—a tract of land being 10.002 acres of Plantation Turkeyen, East Coast of Demerara, property of the State of Guyana for the sum of $185,037,000, without first having procured a valuation of the said property from a competent valuation officer.
It is further alleged that Dr. Ashni Singh and Brassington on December 30, 2008 at Lot 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase without due diligence, sold to Scady Business Corporation, a 4.7 acres tract portion of Plantation Liliendaal, East Coast Demerara, for $150M knowing that the said property was valued at $340M by Rodrigues Architects Associate, a competent valuation officer.
A similar charge alleged that the two on December 28, 2009 at 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase, acted recklessly when they sold to National Hardware Guyana Limited a tract of land at Plantation Liliendaal, Pattensen and Turkeyen, situated on the East Coast of Demerara, being 103 acres, being property of the State of Guyana for the sum of $598,659,398 (VAT exclusive) without first having procured a valuation of the said property from a competent valuation officer.
The last charge against the duo states that, “Dr. Ashni Singh, being and performing duties of Minister of Finance, and Chairman of the National Industrial and Commercial Investments Limited, a company owned by the Government of Guyana; and Brassington, being and performing duties as the Chief Executive of NICIL, a company owned by the Government of Guyana, between October 26, 2010 and December 20, 2010 at Lot 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase, acted recklessly when they sold to Queens Atlantic Investment Inc, Sanata Texiles Complex, with building and erections thereon, that is to say, Parcel 4702, Part of Plantation Ruimveldt, situated on the East Bank Demerara, being 18.871 acres, being $697,864,800.00 plus VAT, knowing that the said property was valued at the sum of $1,042,403,500.00, and was therefore being sold at a price that was grossly undervalued, thereby creating a breach of their duties”.
In relation to the first three charges, the men have been each released on $6M bond by the Georgetown Magistrates’ Courts. They are yet to answer to the last charge. These proceedings are now at a standstill after lawyers filed an action in the High Court contending that the charges are unconstitutional.
The Chief Justice and Justice Franklin Holder have granted interim stays on the magistrates’ courts proceedings pending the hearing and determination of the application to have the charges discontinued. During a court hearing in July, the Chief Justice consolidated the four charges into one substantive challenge since they are all of a similar nature.
Among other arguments, the lawyers are contending that to charge the men for the offence of ‘Misconduct in Public Office’ contrary to common law is an abuse of process, malicious, biased, capricious, arbitrary, and without proper evidential basis. Further, the lawyers are arguing that the charges are made in bad faith, unreasonable, discriminatory, unlawful, and influenced by irrelevant and improper considerations and motives, null, void and of no effect.
Whether the charges are strong for the prosecution to prove, lawyers for Dr. Singh and Brassington have reasoned that the common law offence of ‘Misconduct in Public Office’ cannot be committed where the servant in question is specifically excluded from consideration as a ‘public officer’ under the Constitution of Guyana and/or general principles. And as such, any alleged misconduct by the men does not constitute misconduct in public office.
However, Solicitor General Kim Kyte-Thomas maintained that the application to have the charges quashed has no realistic prospect of success, and that the Director of Public Prosecution (DPP) Shalimar Ali-Hack was within her power to institute the charges against Dr. Singh and Brassington.
The Solicitor General is contending that lawyers for the defendants cannot establish any malfeasance, or that the DPP acted in bad faith or any exceptional circumstances or that the charges are bad in law. According to the Solicitor General, “The charge (Misconduct in Public Office) is a very good charge. It is a common law charge. It is provided for under the laws of Guyana.”
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