A look at some matters that were brought before the courts in 2021

Jan 01, 2022 Court Stories

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By Renay Sambach

Kaieteur News – This article will highlight some interesting matters that were brought before the court in 2021. Some of these included matters that involved former Ministers, a Permanent Secretary and even high ranking members of the Guyana Police Force (GPF) who were charged for fraud.

FORMER FINANCE MINISTER, WINSTON JORDAN
The most recent matter was the former Minister of Finance, Winston Jordan who was charged for vesting of State lands in 2020 in relation to the Kingston water front properties.

On Tuesday, December 21, 2021, the former minister was placed on $3M bail for a misconduct in public office charge. The former Minister in the company of a battery of lawyers, including the Leader of the Opposition, Joseph Harmon, appeared in the Georgetown Magistrates’ Courts before Chief Magistrate, Ann McLennan. The other lawyers that represented him are: Khemraj Ramjattan, Roysdale Forde and Darren Wade.
He was not required to plead to the indictable charge which alleges that while being and performing duties of Minister of Finance and being the concerned Minister for the National Industrial and Commercial Investments Limited (NICIL) a company owned by the Government of Guyana, between February 26, 2020 and July 31, 2020 at Main Street, Georgetown, he willfully misconducted himself.
It further alleges that the Minister acted recklessly when he signed NICIL (Transfer of Property) Order No. 50 of 2020, transferring to and vesting to BK Marine Inc. absolutely, all buildings, erections, stellings, platforms and further appurtenances that is to say, Mudlots 1 & 2, F of Mudlot 3, A, B & D, situated at North Cummingsburg, Georgetown, being over 2.553 acres, by paying $20,260,276.00, for a property valued over $5B and being sold at a price that was grossly undervalued to such a degree as to amount to an abuse of the public trust and without reasonable excuse or justification.
The charge was brought against Jordan by the Special Organised Crime Unit (SOCU) an arm of the GPF. The Chief Magistrate granted bail in the sum of $3M and the matter was adjourned to February 10, 2022.

 

FORMER GL&SC BOSS, TREVOR BENN
Similarly, former Head of the Guyana Lands and Surveys Commission (GL&SC), Trevor Benn, was charged for misconducting himself in public office by selling a portion of State land for four times less than its initial value.
Benn, 53, of Century Palm Gardens, Georgetown, appeared in the Georgetown Magistrates’ Courts before Principal Magistrate, Sherdel Isaacs-Marcus, with his lawyer, Mark Waldron.
He was not required to plead to the charge, which alleges that between December 1, 2018 and August 31, 2019 at GL&SC, Georgetown, while being a public officer, he willfully misconducted himself by executing the sale of two parcels of lands, all being a portion of Middle Walk, Plantation Ruimveldt, Georgetown.

The charge further stated that Benn willfully misconducted himself without any excuse or reasonable justification, when he caused Wilfred Brandsford, a businessman and former Director of the GL&SC, to pay the sum $13.5M to GL&SC for the portion of land knowing at the time that he did not have the authority to sell the said land and knowing the plot had been previously valued at the sum of $60.8M. Benn’s conduct amounts to breach of the public’s trust. Benn was released on $100,000 bail.
It was reported that Brandsford is the owner of Car Care Enterprise, and he allegedly benefitted from the sale of ‘severely undervalued’ land located at Plantation Ruimveldt, Georgetown. In fact, when the portion of land that Brandsford bought was compared to other similar land sales by the Government, it was discovered that Benn had allegedly sold the land for 10 times less than its actual value.
Moreover, a few months prior to the aforementioned charge Benn appeared in the Georgetown Magistrates’ Courts for charges surrounding the illegal sale of State lands.
On March 12, 2021, Benn appeared before Senior Magistrate, Leron Daly, for the alleged illegal sale of six acres of land and was placed on $200,000 bail for the offence.
He was not required to plead to the indictable offence, which alleges that between January 1, 2018, and March 31, 2020, at GL&SC, Georgetown, while being a public officer, he willfully misconducted himself by causing the sum of $27,000,000 to be paid by Janico Vide Industrial Engineering Limited for the lease of six acres of land at Plantation Ogle, East Coast Demerara, knowing that the GL&SC did not have the authority to lease any land at Plantation Ogle, East Coast Demerara.
It is also alleges, that on March 27, 2020, Benn granted a Provisional Lease to Janico Vide Industrial Engineering Limited and willfully misconducted himself thereby leading to a breach of the public’s trust. Benn was arrested on March 10, 2021, after a probe was launched into the alleged illegal land sale. It is reported that despite the fact that the lands belonged to the National Industrial and Commercial Investments Limited (NICIL), Benn moved ahead to illegally lease the plot of land to a company called Janico Vide Engineering Limited for some $27M.
It was reported that the $27M transaction was made pursuant to a Memorandum of Understanding (MoU), the company and the GL&SC signed. That MoU dictated that the engineering company would lease the land for 50 years and pay $200,000 per acre annually.
Moreover, Benn was appointed Commissioner of GL&SC in 2016 by the David Granger administration and was granted presidential powers related to the sanctioning of renting and granting of leases, licences and permission of occupancy of all public lands.
When the Irfaan Ali administration took office in August 2020, he was stripped of those powers and was later sent packing in November.Following the revocation of his presidential powers, Attorney General, Anil Nandlall, S.C., had stated that his government would review all the leases, licences and permissions to occupy Public Lands granted by GL&SC after the No Confidence Vote of December 2, 2018.

SHARON HICKS
On December 17, 2021, the Permanent Secretary (PS) attached to the Ministry of Amerindian Affairs, Sharon Hicks, made her first court appearance. The PS was reportedly caught red-handed collecting bribe during a police sting operation on October 7, 2020, but was charged more than two months after.

Hicks, 42, of Onderneeming, West Bank Demerara, appeared in the Georgetown Magistrates’ Courts before Chief Magistrate McLennan, in the company of her lawyer, Sase Gunraj. She denied the charge, which stated that on October 7, 2021, at 251-252 Thomas and Quamina Streets, Georgetown, while being an agent employed by the Government of Guyana, she obtained, for herself, from Heramainie Chintamanie $200,000 as an inducement or reward for processing the payment requests for security services provided.
Gunraj made an application for his client to be released on bail and same was granted by the Magistrate. The defendant was placed on $100,000 bail and the matter was adjourned to December 20, 2021, for statements.
The PS was charged a few days after the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, S.C., returned the case file to police investigators, with advice to charge her for corrupt transaction by an agent.
It was reported that Hicks was caught during the police sting operation collecting $200,000 as a kickback from a security services contractor. Investigators had learnt that the PS had a deal with the previous owner of the company. The deal was that, in order to receive contracts, he must pay her $200,000 every month.
Unfortunately, that contractor died and his son took over the business operations. The new owner was reportedly unaware of the deal with the PS, and became ‘fed up’ after she began demanding money from him just to sign off some invoices. As a result, he notified police and a sting operation was set up. The man agreed to pay her the money on October 7, and she was allegedly caught red-handed by ranks collecting the cash. Hicks was sent on administrative leave immediately to facilitate an investigation.
However, it took more than two months before the DPP’s office advised that she be charged for the unlawful act. The file had been back and forth between the DPP and police investigators. Police had to correct errors and return the file on three occasions.

 

DAVID PATTERSON & RAWLSTON ADAMS
In another matter, former Minister of Public Infrastructure, David Patterson, and former General Manager of the Demerara Harbour Bridge Corporation (DHBC), Rawlston Adams, were on January 25, 2021 charged for defrauding the DHBC of over $160M.

They appeared in the Georgetown Magistrates’ Courts. The matter was first sent to the Chief Magistrate, but she recused herself from the matter since both Patterson and Adams are known to her.
The matter was then transferred to Senior Magistrate Daly, who read the joint charge to the defendants. Patterson is being represented by attorneys-at-law, Ronald Burch-Smith and Nigel Hughes, while Adams is being represented by attorney-at-law, Glenn Hanoman.
The duo was charged for defrauding the DHBC in relation to a contract that was awarded to a Dutch company, LievenseCSO, to conduct a feasibility study and design for the new Demerara Harbour Bridge between Houston, East Bank Demerara, and Versailles, West Bank Demerara.
Patterson and Adams were not required to plead to the joint charge, which alleged that between November 18, 2016 and February 1, 2018 at Georgetown, they conspired with each other and with other persons unknown, to defraud the DHBC of $162,635,015, funds of the DHBC’s Asphalt Plant Account.
The charge was brought by the Special Organised Crime Unit (SOCU), a branch of the GPF.
After the contract was made public in 2017, the then Opposition People’s Progressive Party/Civic (PPP/C) had called for a thorough investigation by the Public Procurement Commission (PPC) into the awarding of the contract to the Dutch firm, this later triggered an investigation by SOCU.
The PPP/C in its investigation found that Patterson’s request to Cabinet for approval of the contract was not forwarded through the National Procurement and Tender Administration Board (NPTAB). As a result, the PPC had asked for the tender to be reset. NPTAB had given approval for the project to be retendered, but it was not.
The PPP/C was adamant that the bypassing of the procurement process was illegal, but SOCU later stated that it had sought legal advice, and that there is no evidence that a criminal offence was committed.
Senior Magistrate Daly had released both defendants on bail in the sum of $200,000 each.

 

CHRISTOPHER JONES AND ANNETTE FERGUSON
Opposition Chief Whip, Christopher Jones, Opposition Member of Parliament, Annette Ferguson and four A Partnership for National Unity+Alliance For Change (APNU+AFC) supporters, were also charge earlier this year for illegal procession.

The charges stem from a march outside of the High Court in Georgetown, in April, 2021, following the ruling on the elections petition case by Chief Justice (Ag) Roxane George-Wiltshire.
The matters were called in the Georgetown Magistrates’ Courts before Senior Magistrate Daly. The defendants were represented by attorneys-at-law Joseph Harmon (the Opposition Leader), Member of Parliament, Geeta Chandan-Edmond, Ronald Daniels and Darren Wade.
Jones, Ferguson and six named coalition supporters: Mark Griffith, Gary Morris, Malcolm Billison, Travis Ellis, Gordon Lucas and George Halley.
The first joint charge alleges that Jones and Ferguson along with the six coalition supporters on April 26, 2021, at Georgetown, illegally engaged in a procession without permission from the Commissioner of Police.
The defendants were charged under Section 12 of the Public Order Act. Section 12, which stipulates, “Any person who holds, organises, forms, speaks at or takes part in any public meeting or public procession at which a noisy instrument is used without the permission of the Chief Officer of Police shall be guilty of an offence.” The law further outlines that anyone found guilty could face a fine of $26,000 and be imprisoned for up to four months.
The defendants denied the joint charge after it was read to them and Senior Magistrate Daly granted them bail in the sum of $20,000 each.
Additionally, Ferguson was slapped with an individual charge, which alleges that on April 26, 2021, she obstructed a peace officer from conducting his duties. She pleaded not guilty and was placed on $10,000 bail for that offence.
A few months after Ferguson made another court appearance but on a cybercrime charge. The Opposition MP appeared in the Georgetown Magistrates’ Courts before Senior Magistrate Daly, in the company of her lawyer, Lyndon Amsterdam.
Ferguson denied the charge, which alleges that on June 15, 2021, she used a computer system to transmit data with intent to cause substantial emotional distress to a senior officer of the Guyana Defence Force (GDF), Colonel Omar Khan.
According to reports, the Opposition MP is charged for falsely alleging in a Facebook post that Khan will be in charge of a ‘killing squad.’
Kaieteur News understands that Ferguson’s post, which refers to the “setting up of Death Squad and Black Clothes groups,” had stemmed from discussions had during the considerations of Financial Paper 2/2021 during the parliamentary session on June 14, 2021.
During the debate, Minister of Parliamentary Affairs and Governance, Gail Teixeira, told the House that the concept of the Regional Joint Support Teams is a new crime-fighting initiative formulated in April 2021, and that the supplementary provision for the period ending December 2021 is to “set up” the initiative.
The Government MP had explained that the Regional Joint Support Teams will not denigrate or usurp the functions of the GDF or the GPF, but is intended to enhance the capacity of the law enforcement agencies in Guyana to fight crime, regardless of the type of crime, with the support of the GDF.
However, following that parliamentary session, an online news agency published a story headlined, “Exclusive: PPP secures $250 million budget to resuscitation Black Clothes Death Squad.” The Opposition MP subsequently shared the article with her own commentary. Both the Joint Services Coordinating Council (JSCC) and the Ministry of Home Affairs had condemned the Opposition MP’s post and cautioned citizens against the “reckless and irresponsible social commentary.”

RANKS ON CRIMINAL CHARGES
Additionally, a number of police ranks are before the court on various criminal charges. Some of the charges include: fraud, violating COVID-19 guidelines and causing death by dangerous driving.
Several members of the Force allegedly misappropriated millions of dollars that were entrusted to the GPF’s Finance Department. Their matters are being heard in the Georgetown Magistrates’ Courts before the Chief Magistrate.

The ranks who are facing fraud charges are: Deputy Commander of Division 4 ‘B’ – Senior Superintendent Lorraine Saul, Police Finance Officer – Superintendent Marcelene Washington, former Deputy Finance Officer – Deputy Superintendent Frank Jackman-Wilburg and former Deputy Finance Officer – Assistant Superintendent Roxanne Griffith-Adams. When the matter was heard in court Saul and Washington were out of the jurisdiction.
Other ranks that were charged are: Officer-in-Charge at the Police Finance Department (ag) – Assistant Superintendent Kurt Smith, former Assistant Commissioner of Police – Kevin Adonis, Sergeants Jermaine Fraser and Michael Corbin, Corporal Rawle Haynes and Constables Jenneka Carmichael and Tatyana Smith.
Saul, Washington, Jackman-Wilburg, Griffith-Adams and Kurt Smith were charged for conspiracy to commit fraud, in relation to the falsification of meals payment.
Adonis, Haynes, Fraser and Corbin were slapped with allegedly stealing millions of dollars that were allocated for ranks who performed extra duties while Tatyana Smith and Carmichael were charged for erasing critical data in one of the fraud cases. However, the matter against Smith and Carmichael has since been dismissed.
Saul, Washington and Griffith-Adams, were slapped with one joint conspiracy to commit a felony charge and Saul was slapped with an individual falsification of the account charge.
The charge involving Saul, Washington and Griffith-Adams, was laid indictable and they were not required to enter a plea.
According to facts of the aforementioned charge, Saul was stationed at the Felix Austin Police College Mess, as the Officer-in-charge, and on the date mentioned in the charge, she created feeding accounts for ranks who were performing fixed point duties. It is alleged that the accounts Saul prepared were for duties that never existed. It is further alleged that Saul conspired with Washington, Jackman-Wilburg and Griffith-Adams who approved and processed the accounts at the Police Finance Department.
Another case involves Saul, Washington and Jackman-Wilburg. They were slapped with two joint conspiracies to commit felony charges. Saul was also slapped with two individual counts of falsification of accounts.
One week before those charges were filed in court, a matter involving Saul and Kurt Smith was called. For that case, both charges allege that the duo conspired with others to falsify meals payment.
According to police facts, Saul was the Officer-in-charge at the Brickdam Police Station’s Other Ranks Mess before she was moved. The Mess provides breakfast, lunch and dinner to ranks stationed at various stations and locations within Regional Division 4A.
Moreover, Jenneka Carmichael of Lot 121 Onderneeming, West Coast Berbice, and Tatyana Smith, 21, of Lot 43 Third Street, Alberttown, on April 21, 2021, appeared before Chief Magistrate McLennan and were placed on $150,000 bail each for allegedly deleting electronic data relevant to one of the fraud cases. This matter went to trial and was dismissed due to lack of evidence.
On March 26, 2021, Assistant Commissioner of Police, Kevin Adonis of 95 Stewartville, West Coast Demerara, and three other members of the GPF, made their first court appearance after they were slapped with a $19M fraud charge. Also charged were Rawle Haynes of Hydronie, East Bank Essequibo, Jermaine Fraser of 4116 Phase One West Minster, West Bank Demerara, and Michael Corbin of 315 First Avenue, La Parfaite Harmonie, West Bank Demerara. The four men appeared in the Georgetown Magistrates’ Courts.
Fraser, Haynes, Corbin and Adonis were slapped with a joint charge, while Corbin and Haynes were slapped with individual charges. They were not required to plead to the indictable charges after they were read to them.

In August 2021, a Corporal was remanded for extorting over $400,000 from a suspect’s relative
The cop, Omale Damon, was caught in a sting operation collecting money from the suspect’s relative. It is alleged that Damon swindled over $400,000 from the woman claiming that he could get her relative released from police custody.
Damon had appeared in the Georgetown Magistrates’ Courts before the Chief Magistrate where he was slapped with three counts of corrupt transactions. He denied the charges which allege that in March, 2021, he collected a total of $400,000 for the release of a person in custody for the possession of firearm. He was also charged for collecting $80,000 for the release of the motor vehicle the suspect was driving.
The court heard that shortly after receiving the first $200,000 the defendant requested another $200,000 which was given to him after he told the woman that the other officers involved wanted more money.
The woman later requested that Damon release the motor vehicle the suspect was driving when he was arrested for the illegal possession of firearm, and in return the defendant requested another $200,000.
However, the woman informed him that she did not have any money and later sought help from the girlfriend of the person that was in custody. The girlfriend then reported the matter to the police and a sting operation was carried out. This led to Damon being caught in the act receiving $80,000 from the girlfriend – the $80,000 was later recovered.
The defendant was arrested and subsequently charged for three counts of corrupt transactions. On his second court appearance before a different Magistrate, Damon was granted bail.
Meanwhile, as you may remember, the elections fraud cases (in relation to the March 2, 2020 election) are still before the court and the trial is slated to commence this year.

 

 

 

 

 

 

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