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To ensure that proper legal services are provided to the Government; to provide statutory services to the public relating to the public trust and bankruptcy matters; and to register titles, mortgages, companies, societies and other bodies as well as other documents, as required by the law.
CFATF banks on 11th EDF - The Chronicle Newspaper - 1st June, 2018
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Attorney General and Minister of Legal Affairs, Basil Williams and members of the Guyana delegation at the CFATF conference
…to assist small states overcome challenges of fourth round evaluations
ATTORNEY General and Chairman of the Caribbean Financial Action Task Force (CFATF), Basil Williams, said the fourth round of Mutual Evaluations continue to present a number of challenges for small member states.
Williams, who is also the Minister of Legal Affairs in Guyana, took stock of the situation when he delivered remarks at the opening ceremony of CFATF Plenary Meeting XLVII in Port-of-Spain, Trinidad and Tobago on Wednesday, May 30, 2018. Small member states are presently dealing with economies affected by low levels of financial growth, recovery from hurricanes and de-risking, the CFATF Chairman explained.
“Resources are being stretched as we all use our best efforts to legislatively strengthen our Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) frameworks, establish measures to deal with Proliferation Financing (PF) and implement the AML/CFT laws and processes to a level that can be considered as ‘high’ or ‘substantial’ levels of effectiveness,” he said.
Given the challenges faced, Williams said he looks forward to the start of the 11th European Development Fund (EDF), which will assist some members with their fourth round of Mutual Evaluation implementation requirements. The 11th EDF aside, the CFATF Chairman said he is confident that member states will continue to improve their levels of compliance with the Financial Action Task Force (FATF) Standards, and thereby increase their levels of effectiveness with respect to implementation.
Under his chairmanship, Williams has been pushing training. Last month, an AML/CFT/CVE training programme for judges and prosecutors was conducted in Georgetown, Guyana. The CFATF Chairman used the opportunity to express thanks to Secretary-General of the Commonwealth, the Right Honourable Baroness Patricia Scotland for supporting the initiative with funding from the Caribbean Development Bank (CDB) and the Government of Guyana. CFATF’s Secretariat and the facilitators who were drawn from the United Kingdom, Jamaica and the Regional Security System (RSS) Asset Recovery Unit (ARU) were also recognised for their inputs in making the seminar a success.
“While the workshop was not a joint undertaking with the FATF due to the scheduled dates of the event, I am pleased to state that we were able to provide the FATF with a report on the outcomes of our workshop, which could be used as part of the overall report on the experiences, challenges and good practices regarding Money Laundering/Terrorist Financing (ML/TF) investigations, prosecutions and confiscations,” Williams noted.
CFATF Secretariat, he further posited, has received positive feedbacks from participants who benefitted significantly from the technical training pertaining to ML, TF and criminal and civil confiscation.
“The workshop is also likely to have been the only one in the global network that presented the issue of Countering Violent Extremism (CVE) and its relationship to terrorism and terrorism financing,” he posited.
In January, also in Georgetown, Guyana, an assessors training programme was conducted. Come July, in Trinidad, a joint assessors training for members will be held with the FATF. Williams said under his tenure, once funding permits, he will ensure that there are other opportunities for training that will enable member states as a region to increase application of the laws to allow for better results during process of mutual evaluation.
“In executing our primary mandate, our mutual evaluation programme, which includes the mutual evaluation, follow-up and for our members thus far, the FATF ICRG process, it is necessary that we collaborate with the Secretariat and each other. Our workload is becoming more grueling in the face of limited resources,” the CFATF Chair said as he urged member states to be confident, creative and active participants in the work of CFATF. The Attorney General and a 15 member delegation represented Guyana at the CFATF XLVII Working Groups and Plenary Meetings in Port of Spain, Trinidad and Tobago from May 27-31, 2018.
The Guyanese delegation is made up of officials from agencies including the Attorney General Chambers, Bank of Guyana (BOG), Guyana Revenue Authority (GRA), Financial Intelligence Unit (FIU); DPP Chambers, Gaming Authority; Guyana Gold Board (GGB); Guyana Geology & Mines Commission (GGMC) and Chief Cooperatives Development Officer (CCDO).
No attack on private lawyers - The Chronicle Newspaper - 27th May, 2018
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Attorney General Basil Williams
— AG says Bar Association must not condone acts that injures the State
ATTORNEY General (AG) and Legal Affairs Minister, Basil Williams has rejected claims by the Guyana Bar Association that he launched an attack on private lawyers in recent days.
In a Stabroek News article headlined “Bar Council raps Attorney General over comments on private lawyers” on Thursday, May 24, 2018, the Bar Association said that comments reportedly made by the AG to the effect that “private lawyers who fail to hand over cases involving the State should be charged,” are unwarranted.
On Friday, while refuting the allegations levied against him, the Attorney General in a statement, said that as head of the Bar, he has and will continue to hold the Bar and its members in the highest regard. However, Minister Williams made it clear that as the country’s Chief Government Legal Advisor, he has an obligation to the President, the Government and the people of Guyana, to give the best legal representation possible.
That, however, cannot be achieved when cases, outsourced to private attorneys by the former attorney general of the last administration, are kept in the bosom of those attorneys, unknown to the new attorney general, he reasoned.
“The issue at hand is not the outsourcing of cases but the failure to inform the Attorney General’s Chambers in a timely manner of outsourced cases in the possession of attorneys,” Minister Williams explained as he cleared the air on the issue.
In the Stabroek News article, the Bar Association created a perception that the attorney general has issues with cases involving the State being outsourced to private attorneys.
“It was stressed that the reality is that lawyers at the private bar have always conducted litigation for the State in Guyana and throughout the Commonwealth, and continue to do so today. This practice is ‘entirely proper’ and is used where lawyers in private practice have such skills, experience or specialists knowledge of discrete areas of law to enable them to properly and successfully conduct litigation on behalf of the State, the association said,” the Stabroek News article read.
NO ISSUE WITH OUTSOURCING
But the attorney general made it clear that his chambers has no issue with the outsourcing of cases involving the State. It, however, has issues with private attorneys not updating the attorney general on cases they were awarded under the previous administration.
Minister Williams explained that under the People’s Progressive Party (PPP) Administration, a number of cases were outsourced to private attorneys.
“Those attorneys refused to hand over the cases and the Attorney General’s Chambers only became aware of those cases after judgment was passed in large amounts e.g. the Dipcon case (2016), where a $400 million judgment was made against the Government was only told to the Attorney General three months after judgment was passed,” he further explained.
Stating that the Bar Association should not condone any behaviour that “injures” the State, the attorney general posited that any prudent lawyer would, upon a change of Government, see it fit to communicate to the Attorney General’s Chambers if they are in possession of any Government matter outsourced to them by former Attorney General Anil Nandlall.
MATTER OF COURTESY
According to Minister Williams, it is simply a matter of honesty and courtesy.
“More so, communication is important as the lack thereof has resulted in substantial loss of money to the Government and, by extension, the people of Guyana. The Attorney General’s Chambers cannot be prepared to defend cases on behalf of the Government if the Chambers is unaware of those cases. That is asking the chambers to achieve an ‘act of God’,” he emphasised.
The attorney general said retention of cases after a public announcement was made to relinquish same demonstrates an intention to injure the State.
Subsequent to the Dipcon case, the AG’s Chambers wrote nine attorneys – Roysdale Forde; Ashton Chase, SC; Bernard De Santos, SC; Manoj Naryan; Neil Boston, SC; Ralph Ramkarran, SC; Robin Stoby, SC; Sase Gunraj and Nigel Hughes – on March 1, 2016, requesting that they provide the Chambers with a list of matters and copies of the files if they were retained by the former AG. Only Ralph Ramkarran, SC; Nigel Hughes and Neil Boston, SC have responded to the letter to date.
“None of the above mentioned lawyers responded that they had Toolsie Persaud Limited-v-AG, which the court awarded a judgment of $1.7 billion dollars against the State,” Minister Williams pointed out. He also lashed out at the former attorney general. “…any leader worth their salt would appreciate a smooth transition of office,” the attorney general said while positing that Nandlall, upon leaving office, should have informed his successor of the status of all matters in the chambers and if any matters had been outsourced, who they were outsourced to. “That would have been the right thing to do. That would have been the honourable thing to do,” he said.
The Honourable Attorney General, Basil Williams' true statement at the Press Conference on May 16, 2018.
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Brief Remarks by Hon. Basil Williams, SC, MP at Mediation Refresher Training - 24th May, 2018
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Ministry of Legal Affairs, the Hon. Basil Williams, SC, MP .(Photo credits by Samuel Maughn)
It gives me great pleasure to be here this morning to give brief remarks at this Mediation Refreshers Training Course that is funded by the Government of Canada. This training represents a collective effort by all stakeholders to promote mediation in Guyana. I wish to thank the facilitators and participants for availing yourselves to this cause.
In an ever changing and competitive society, the importance of continuing professional development cannot be over emphasised. The world is not static, it is always evolving and it is incumbent on us to evolve with it. According to Thomas J Watson Snr, former Chairman and CEO of IBM, “There is no saturation point in education”. Refresher training is needed to ensure that the skills acquired are updated and remain current. As professionals it is important to keep abreast with the different techniques available. This will enable you to be proficient in your field. Therefore, even though most of you, if not all, are already qualified mediators, training like this one exists to ensure that you enhance your skills and abilities. Quality mediators are crucial to the successful development of mediation and they add to the utility of this dispute resolution tool.
It is pertinent to note that mediation training is not new to Guyana. Mediation was introduced in Guyana in 2003 and since then, I, along with over 60 others have been trained as mediators. That training in 2003 was facilitated by the United States Agency for International Development (USAID/ Guyana) through its Governance Enhancement Project. From October 2003 to sometime in 2014, close to 700 cases were referred to the Centre. At the end of 2012, according to statistics available online, 150 cases had been successfully completed. In June 2008, a group of professionals set up the Mediation Institute of Guyana, a non-governmental organisation. To date there have been over 900 cases referred to the Centre. With the introduction of the Civil Procedure Rules this number will significantly increase as the Court may, on its own initiative or upon application, order any or all parties to a proceeding to participate in mediation.
It is important for mediation to be used as the delay and time consuming litigation process curtails access to justice. Mediation along with other alternative dispute resolutions (ADR) methods serves as a potent tool for resolving disputes. It has achieved success in countries like Canada, UK and the US. Even here in Guyana as the statistics reveal, Judges are utilising this tool as they see the value in it. All members of the legal profession who conduct litigation must discuss with their clients whether their disputes are suitable for ADR. Additionally, our Courts must continue to encourage persons to utilise ADR mechanisms. The proper use of mediation has the effect of reducing the backlog of cases and allows for timelier access to justice. Apart from time, it is cheaper than litigation, saves money and avoids cases being continued by appeals. It also gives persons the liberty to resolve their own disputes as mediation proceedings are not bound by the rules of evidence or any rigid procedure.
This is why awareness of mediation is absolutely necessary and training of this nature must be on-going as it sensitises the judiciary, lawyers and the wider society regarding the benefits of mediation and to dispel any doubts in their minds. They are still some who are of the belief that the legal profession would be hampered by mediation. However, it has been realised that if disputes are settled alternatively in an efficient and cost effective way then this would decrease litigation. Therefore, we must continue to hold and support training seminars and workshops that bring awareness of mediation.
Mediation is also important especially with our emerging oil sector which would require a different and better approach to dispute resolution. Those engaged in this sector will be expecting Guyana to offer an environment that is not replete with delays as every day that a matter is not resolved is money lost and this will affect our economy, competitiveness and bargaining power, as persons will be sceptical about doing business with us. Therefore, it goes without saying that in our burgeoning oil sector, steps must be taken to develop a robust alternative dispute resolution infrastructure. Stakeholders and practitioners in the oil and gas sector must see Guyana as a country that offers a justice system that is effective and efficient.
Therefore, the Government is committed towards facilitating access to justice through justice sector reform and mediation undoubtedly has a great role to play in the delivery of justice. As Guyana is on the verge of substantial economic development, work has to be done on reforming the legal system so that it is one that positively responds to the changing needs of society. The promotion of mediation is in the public interest and it is in Guyana’s interest and on behalf of the Government I would like to reiterate our unequivocal commitment to its development and use.
Finally, I wish to say that ultimately, the success of mediation will depend on its acceptance by the legal profession, other professions, the business community and the public at large. To achieve this, all concerned must gain and enhance their understanding of mediation and its advantages. To this end, this training comes at the right time. This Government remains open to working closely with the judiciary, the bar, the Mediation Center and other persons so that together we can deliver a justice system that works for the benefit of all.
PRESS STATEMENT- 23rd May, 2018
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Ministry of Legal Affairs, the Hon. Attorney General, Basil Williams S.C., MP and Consultants
On Wednesday, May 23, 2018 at the Ministry of Legal Affairs, the Hon. Attorney General, Basil Williams S.C., MP met with Mr. John McKendrick and Mr. Keith Peterson, Consultants, contracted under the Support for the Criminal Justice System Programme, to discuss issues relating to overcrowding at the prisons.
Arising from those discussions were a pilot project to provide legal assistance to persons accused of minor, non-violent offenses in pre-trial detention. The project also entails training activities which seeks to strengthen legal representation skills among Non-Governmental Organizations (NGO) and other aid providers. The project may use supervised paralegals to provide support in various legal aid tasks in prisons and police stations. Those identified are; seeking dismissal of charges, arranging diversion where appropriate, or arguing for bail and generally avoiding procedural delays.
In addition, the discussions included the implementation of a more pro-active use of alternative sentencing by the criminal justice system. The Government may consider having prisoners deferred to a rehabilitation facility for specified treatment. To this end, a study is being carried out on the appropriate treatments of substance abuse and mental health issues.
