…says SOCU charges discriminatory, abuse of court’s process
After being handed 19 fraud-related charges in November 2018 by the Special Organised Crime Unit (SOCU); Magistrates’ Courts proceedings against former Housing Minister Irfaan Ali have been put on hold as he moved to challenge the merit of the State’s case at the High Court.
Ali in his writ filed, among several citations, contends that the case, related to the sale of lands at Plantation Sparendaam (Pradoville Two), East Coast Demerara is tantamount to an abuse of the court’s process. He is represented by Senior Counsel Neil Boston, Anil Nandlall, among other attorneys while the respondents in the matter are Police Commissioner, Leslie James, Chief Magistrate Ann McLennan, Director of Public Prosecutions (DPP), Shalimar Ali-Hack and Police Detective Corporal Muninlall Persaud.
In a writ seen by Guyana Times International, the Parliamentarian made a multiplicity of applications to the court consequent to the charges on the 19 individual case jackets. His position is that the charges are “irrational, arbitrary, capricious, whimsical, malicious, biased, without any proper evidential basis, made in bad faith, influenced by irrelevant and improper considerations and motives, unreasonable, discriminatory, unlawful, null, void and of no effect.”
In his application, Ali is seeking two orders of Certiorari – one quashing the decision of the Director of Public Prosecutions (DPP) to charge him with the offence of Conspiracy to Defraud Contrary to Common Law. The second seeks to quash the oath of SOCU rank Corporal Persaud he gave at the Georgetown Magistrates’ Courts in respect to the 19 charges.
The applicant has sought an order to prohibit the chief magistrate or any other Georgetown magistrate from attempting to hear the matter or take any further steps following the Corporal Persaud’s oath. Ali had also sought an interim order preventing the case being heard until the determination of the High Court challenge. Moreover, the former minister desires to secure a declaration that the particulars of the charge do not constitute an offence known to law and contravene Section 144 (4) of the Constitution and that there is not statutory or common law that requires a valuation prior to the sale of property.
Ali further wants the court to declare that the decision to lay the charges is vague and unconstitutional. Additionally, he is seeking costs, general damages, exemplary damages, aggravated damages all amounting to not less than G$100,000 and whichever other directions the court views as just.
SOCU is alleging that Ali defrauded the State of over G$174 million but the Leonora, West Coast Demerara resident denies the allegations in the charges, which stated that he committed a criminal act without first obtaining a valuation.
“I deny selling any lands to any persons. Moreover, assuming arguendo that the facts as alleged in the Charges are true, which is denied, 1 have been informed by counsel and verily believe that the particulars as contained therein do not amount to any offence known to law, which even if proven, are impossible to yield a conviction for the offences charged,” an excerpt of the case file argues.
He has also highlighted that the charges have been laid nine years after the fact and furthermore said that the case is prejudicial to him.
“It is an open and notorious fact that I am being actively considered as a presidential candidate for the People’s Progressive Party…and the respondents’ failure to act swiftly and without delay in prosecuting the Charges has caused and is causing me grave and irreversible damage, prejudicing my eligibility,” he said in his proceedings.
He added that the allegations have caused him loss and damage and if not punished, “may result in other frivolous charges being filed against the public at large.” He also appealed for an urgent hearing which is slated to be heard on Friday.
When Ali reappeared before Chief Magistrate McLennan, the matter was adjourned to February 6. However, in light of Ali’s pending High Court challenge, those proceedings will have to be put on hold. On Monday when the matter was called at the Georgetown Magistrates’ Courts, State Prosecutor Patrice Henry, informed the court that additional statements are outstanding and as such more time is needed to obtain these.
SOCU is accusing the former minister of selling 19 plots of land located at Goedverwagting and Sparendaam, East Coast Demerara, below their valued prices. According to the charges, SOCU is contending that the plots of land were sold at G$39.8 million when they were actually valued G$212.4 million.
The High Court challenged is expected to be heard on Friday.
