A request has been made to have Director of Public Prosecutions (DPP) Shalimar Ali-Hack review the charges filed against former Finance Minister, Dr Ashni Singh and former Head of the Privatisation Unit of the National Industrial and Commercial Investments Limited (NICIL) Winston Brassington.
The request was made through Defence Attorney Anil Nandlall, who formally wrote to the DPP on Tuesday, April 17. In his letter, Nandlall explained that his clients were charged by information upon oath dated April 12, with three counts of misconduct in public office contrary to common law in Georgetown. The matter was called up before the court on the said day and adjourned until May 7, 2018.
“I respectfully invite a review of the said charges for the purpose of specifically considering whether the particular of the offences disclose any offence at law, more particularly, the offences for which the accused persons have been charged and if not, I further invite you to consider exercising the powers vested in your office by Article 187 of the Constitution of the Cooperative Republic of Guyana and to discontinue the said charges, forthwith”, the correspondence read.
The attorney reminded the DPP that her office bears a constitutional responsibility to protect the citizenry against the institution of criminal charges that are based upon “malice or sinister motives that cannot reasonably yield a lawful conviction.”
Close to one year after the Special Organised Crime Unit (SOCU) completed an investigation into the sale of lands, the Unit on Thursday, April 12, instituted legal proceedings against Singh and Brassington. These charges were instituted based on the sale of three plots of State land.
The three charges advanced by SOCU were not read by Chief Magistrate Ann McLennan when the case was called last week since the men were not in the jurisdiction. Representing Dr Singh was Nandlall, while Attorney Stanley Moore appeared on behalf of Brassington. The case was adjourned to May 7, to allow the defence lawyers to contact their clients concerning the charges.
In the three charges advanced by SOCU and seen by Guyana Times, it was outlined that Singh being the Chairman of NICIL and Brassington being the CEO in December of 2008, by way of Agreement of Sale and Purchase, sold to Scady Business Corporation a track of State land (4.7 acres) being a portion of Plantation Liliendaal, Greater Georgetown, for the sum of $150,000,000 “knowing that the said property was valued at $340,000,000 by Rodrigues Architects Associate, a competent valuation officer.”
Similarly, the other charge outlined that Singh and Brassington sold to Multicinemas Guyana Inc a plot of State land (10 acres) at Turkeyen, Greater Georgetown, for the sum of $185,037, 000 “without first having procured a valuation of the said property from a competent valuation officer.”
A copy of the letter sent to the DPP
Moreover, it was outlined that Singh and Brassington in 2009, by way of an Agreement of Sale and Purchase sold to the National Hardware Guyana Limited a track of Sate land (103 acres), being a portion of Plantation Liliendaal and Turkeyen for the sum of $598,659,398 (VAT exclusive) without first having procured a valuation of the said property from a competent valuation officer.
However, during an interview with Guyana Times, Nandlall blasted SOCU on the fact that they had not, at any point, made contact with the individuals who were being investigated prior to the disclosure that charges will be laid.
“Last year, on behalf of Ashni Singh, I wrote to SOCU informing them that I am the lawyer for Dr Singh and that should they require him to assist in any investigations, that I am prepared to make contact with him and that he stands willing and able to assist and participate in any investigation… I received no response to that letter… They called me late yesterday evening to indicate to me that Dr Singh will be charged,” he explained.
Further, Nandlall asserted “since I sent that letter and during the (course) of whatever investigation they were conducting, no one attempted to make contact with Dr Singh.”
Nandlall, who also held the post of former Attorney General, also questioned why a criminal investigation of this type would be conducted and no attempt would be made to seek input from the person or persons who are the subject of the investigation. (Samuel Sukhnandan)
