Ministry of Legal Affairs

Launderers building houses to wash dirty money - The Chronicle Newspaper - 1st May, 2018

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Published: 02 May 2018

Attorney General, Basil Williams addresses participants at the anti-corruption sensitisation seminar for Region 5.

– AG tells anti-corruption seminar

MONEY launderers have been resorting to building houses to hide their ill-gotten money since the traditional system of laundering such as remittances can no longer be used, Attorney General Basil Williams told an anti-corruption seminar in Fort Wellington on Monday.

The Attorney General’s Chambers took their Anti-Corruption Sensitisation Seminar to Region 5 (Mahaica/Berbice) Monday. The team from Georgetown included Attorney General Basil Williams; Deputy Director of the State Assets Recovery Unit (SARU) Mr. Aubrey Heath-Retemyer; Chief Parliamentary Counsel, Charles Fung-a-Fatt; Principal Parliamentary Counsel, Ms. Joann Bond; Parliamentary Counsels Ms. Cheyenne Lall, Dianne Woolford and Ariel Haynes; Legislative Drafting Consultant, Mrs. Ananda Dhurjon and Assistant Director of Public Prosecutions, Mrs Teshana James-Lake.

The venue was the boardroom of the Regional Democratic Council at Fort Wellington, West Coast Berbice (WCB).The participants included staff of the regional administration, teachers, health workers, overseers and other staff of the ten Neighborhood Democratic Councils (NDCs) and other public servants of Region 5, as well as members of the disciplined services.

In his address, Williams told the participants that the seminar was intended to sensitise them of the pitfalls of corruption and of the economic importance to the country of an unbribable public service. He stressed: “This is a struggle we have as a country; a struggle against embedded corruption, since the more rampant the corruption, the greater the poverty of the country.” He noted that Guyana’s standing in this regard in the past was very bad but strides have been made.

Region Five, REO Ovid Morrison welcomes the legal team and

participants at the anti-corruption sensitisation seminar for Region 5.

According to him, the Special Organised Crime Unit (SOCU) has been working on anti-money laundering and countering of terrorist financing and then the financial crimes came about after audits. He said that he had been told that as a result of anti-corruption strides made, some people had been resorting to building houses to store their ill-gotten money, since the traditional system of money laundering such as remittances can no longer be used. He stated that the developed world is taking even greater interest in fighting the scourge of corruption, since it is their money that is being taken in the form of grants and loans. “They are interested in transparency and accountability for the monies that come from their own workers in their country. They are not prepared to take the earnings of their workers, bring it to our country and then we have people here pilfering it and using it for purposes other than its aim of improving the lives of people in the villages and in the communities and the country as a whole,” Williams told the seminar. He urged the participants to join in this battle against corruption and to disseminate the message of anti-corruption in their agencies and in the communities in which they live and everywhere they go.

He also addressed the recent charges of misconduct in public office of officials of the previous administration which stemmed from three years of investigations by the police and on the advice of Police Legal Advisor Claudette Singh SC. Former Finance Minister, Dr Ashni Singh and former head of NICIL, Winston Brassington have been charged by SOCU.
On the contrary, he said the charges laid by the People’s Progressive Party against Ministers Volda Lawrence and Dr George Norton had not had the benefit of such rigorous investigations and as such, were considered to be more of a nuisance value and more of an attempt to denigrate the character of these officials than anything else. The Director of Public Prosecutions has since dismissed the charges against the ministers. The participants and the members of the legal team were welcomed to the Region by the Regional Executive Officer, Mr. Ovid Morrison and Member of Parliament, Ms. Jennifer Wade. During the seminar, Mrs. Ananda Dhurjon gave an overview of the State Assets Recovery Act and Mr. Aubrey Retemyer, Chief Executive Officer of the State Assets Recovery Unit (SARU) gave an overview of the unit.

Participants heard a presentation on the Protected Disclosures Act by Parliamentary Counsel, Cheyenne Lall; a presentation on the Witness Protection Act by Principal Parliamentary Counsel, Ms. Joann Bond and a presentation on the criminalization of corrupt practices by Assistant Director of Public Prosecutions, Mrs. Teshana James -Lake. As the event drew to a close, the presenters and the Attorney General were inundated with questions from the participants as they sought to gain more clarity on their presentations.

Juvenile Justice Bill passed - The Chronicle Newspaper - 27th April, 2018

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Published: 27 April 2018

Public Security Minister, Khemraj Ramjattan piloting the landmark Juvenile Justice Bill in the National Assembly on Thursday (Adrian Narine photo)

…sets criminally liable age at 14 
…abolishes as offences wandering, truancy, vagrancy

THE National Assembly on Thursday evening passed a landmark bill which when it comes into force will revolutionalise juvenile justice here- decriminalising a number of offences such as wandering, truancy and vagrancy and setting a new age of criminal liability at 14.

The passage of the bill repealed the archaic 1931 Juvenile Offenders Act and will now allow Guyana to conform to the several international Conventions to which it is a signatory. Despite repeated requests by the Opposition, People’ s Progressive Party (PPP) to have the bill referred to a Parliamentary Select Committee for further consultations, government insisted that its passage was long overdue, having been in the incubator since 2004. When it was time to vote the opposition abstained.

GET ON WITH IT 
Public Security Minister Khemraj Ramjattan in piloting the bill, described the document as comprehensive while noting that with the passage of the legislation, status offences such as wandering, vagrancy and truancy would no longer be criminal offences. Ramjattan made it clear that the legislation has been in the making for 14 years under successive administrations. “Why shouldn’t we get on with the business?” he asked rhetorically. He noted that the legislation was the subject of extensive consultations and that it was inherited from the PPP government. “We have indicated that it will not be going to any select committee. This government will set its legislative agenda, not the opposition,” declared a feisty Ramjattan.

Minister of Social Protection Amna Ally

Meanwhile, he told the House that the Bill has “basically abolished status offences”. Status offences are those offences which criminalise behaviour patterns of children who wander or committed vagrancy, truancy or are runaways. Ramjattan posited that acts of truancy and wandering are often times a result of psychological or socio-economic problems facing girls and street children. The Bill, he said, is geared at effectively tackling the “significant” issues relating to juvenile justice while stressing that Guyana will not make a jailhouse of its young people.

Guyana’s Juvenile Offender’s Act was enacted in 1931 but in order for it to reflect international juvenile justice standards in accordance with the Beijing rules and the Riyadh Guidelines, extensive recommendations were made. He spoke to recommendations in relation to the age of criminal responsibility in children, free legal services for the accused, as well as the recommendation for government to establish separate remand homes for boys and girls under the age of 18 who would have had run-ins with the law, as well as improving training programmes for professionals involved in rehabilitating the youth.

The minister who thanked all stakeholders, made it clear that there was a hiatus in moving forward the legislation but noted that the process was advanced through collaboration with the United Nations Children’s Fund (UNICEF). “This government of Guyana wants to see an Act which reflects modern philosophy of juvenile justice which strengthens the justice system for juveniles and makes it responsive to them and their situation,” the Public Security Minister said in reference to the adoption of a policy framework from England.

Additionally, the Minister said the Act is aimed at providing a framework where professionals are in the forefront, supporting juveniles rather than the police and prison wardens. “We don’t want to make a jailhouse nation of our young people,” Ramjattan stressed, while noting that it is his government’s intention to minimise the harsh punishment meted to young offenders. Those punishments, he added, stigmatise the youth for life. “We want to maximise their education, rehabilitation and reintegration into society,” the Minister stated, while noting that jails and secure confinement is not the place where a substantial amount of the country’s young people should be.

He stressed the need for juveniles to be with “humane incarceration”. “This Bill I am proud to say makes provision for this alternative—it is referred to as diversion…diverting the juvenile away from the formal court procedures to informal procedures, that include restorative measures to deal with a juvenile alleged to have committed an offence.”

The Bill speaks of several alternatives sanctions that could be imposed on youths who have been deemed culpable. Those range from the accused issuing an apology, to being sent to specified vocational or educational centres, as well as being sentenced to community service. They can also be ordered to compensation for the victim in an amount which the juvenile’s family can afford.

Moreover, before the commencement of proceedings the Director of Public Prosecutions (DPP) or the police officer can consider warnings and referrals. Other alternative sanctions can come from the newly created office of juvenile justice, but it up to the creativity of that office to come up with innovative diversions to ensure the young offenders are dealt with in a manner appropriate to his or her well-being and proportionate to the circumstances of the offence.

CRIMINAL LIABILITY 
Meanwhile, of particular interest was determining the age of criminal liability. Consideration has been given to whether the age of responsibility should remain at 10 or increased to 12 or 16 years. The Bill states that the age of criminal liability stands at 14. Ramjattan said experts from other Caribbean countries were contacted to see what the standard was across the Region.

Additionally, the minister said the legislation aims too at removing the levels of discrimination against the youth as opposed to adults as it relates to status offences. “These are acts not considered criminal when committed by adults but when young children commit them they are convicted, sometimes for secure confinement…and they are wandered, committed vagrancy or are regarded as truants. There is an inherent injustice here and discrimination on grounds of age,” declared Ramjattan.

The minister said a number of children have been sentenced at the New Opportunity Corps (NOC) for wandering. He said in 2015, based on statistics, some 30 children were sent to the institution for status offences. “These offences must be abolished,” he declared, noting that there must be an enhancement of humaneness and equity by reducing the use of confinement as a penalty.

Minister of Public Security Khemraj Ramjattan

“Mr Speaker, we must not betray young people by continuing the imposition of custodial sentences. This must only be an exercise of last resort where nothing else is left to protect the public.” Ramjattan acknowledged that the revolution which the Bill creates will require a number of changes and huge amounts of resources. He stressed that the changes must include mind set changes. Ramjattan said support will be provided by the government to ensure these changes take place. He noted that resources must be found to establish placement facilities which will support the new juvenile justice regime.

“Retraining of policemen, prosecutors, magistrates and judges will also see expenditures rise but for our young people involved…most of whom are products of dysfunctional families, we must invest today in realistic, rational, sensitive and supportive interventions to reap the dividends of more secure families, safer communities and ultimately a stable nation tomorrow.” He stressed that an ideal legislation is a myth but noted that efforts can be made to improve that which exists over time.

COMPREHENSIVE BILL 
Opposition Member, Dr Frank Anthony agreed that the Bill is a comprehensive one which has a progressive approach which speaks to rehabilitation rather than punishment of juveniles who encountered problems with the law. Outlining the history relative to the reform of the legislation, Dr Anthony, a former Minister of Culture, Youth and Sport said, in 2004 Guyana was told its 1931 law did not conform to the United Nations Convention on the Rights of the Child.

While some aspects of the legislation found favour with him, he objected to the proposed increase in the age limit from 10 years to 14 years at which time a child cannot be charged for criminal acts. He like many of his colleagues suggested that Guyana’s age of criminal responsibility be 12. “That is something we have to look at because that is not expressed in the Bill before us,” he said.

He said even as the Bill suggests that the age be taken up to 14, it makes no provision for a young person under the age of 14 who commits a serious crime. He questioned how such a child would be dealt with. “Mr Speaker, we feel that there are some very small grey areas that we can quickly sort out and if he would consider that we take this Bill to the select committee so we can iron out these small areas so that we can have unanimity,” he concluded.

Opposition Chief Whip Gail Teixeira

Dr Anthony’s call for the Bill to be sent to a Special Select Committee was echoed by Dr Vindhya Persaud and Priya Manickchand. While they commended the government in bringing the Bill to the House, they stressed the need for more consultations with civil society. “There are many deep seated reasons for the phenomenon of youth crime that we cannot ignore in the country in which we live. Violence and crime perpetrated by young people are caused by many factors that work simultaneously to create situations of social instability,” said Dr Persaud.

She stressed that the Bill requires tangible efforts from all stakeholders that can make a tangible impact in what is to be achieved and called for a special juvenile court, specialised lawyers, and the provision of community-based services for rehabilitation and reintegration, as well as right to privacy through media coverage. Similarly, Manickchand said she is pleased that truancy and wandering will no longer be considered offences, citing that as a progressive move and fits squarely into what the country’s vision is for children but contended that there are areas that require more deliberation and clarity. “I see no harm in it going to the Special Select Committee to be addressed so that we can get the best out of it,” she told the House.

Manickchand posited that the Bill at this point cannot be brought into force as Guyana currently does not have the resources to meet some of the provisions outlined in the Bill. She said too, that it would be improper for persons who have concerns about the age of criminality to be dismissed. “This is a piece of legislation that is needed in this country, this is a piece of legislation that I would have great difficulty not supporting so this is a piece of legislation that can be perfected. What is wrong with going to the Select Committee and fine-tuning this piece of legislation?”

However, Minister of Social Protection Amna Ally made it clear that the Bill was the subject of many consultations, while noting that it aims to protect children from harm. “This reformed Bill will hold young offenders accountable for their actions…and increase their chance of having a better life,” she said, while pointing to Article 38 (b) of the Constitution which stated that the best interest of the child should be the primary consideration in all judicial proceedings.

“No longer will our youth be placed before the court for status offences such as wandering and truancy—these crimes will finally be abolished and decriminalised— this will be a major achievement in Guyana’s juvenile justice system,” the Social Protection Minister stated. Ally noted that over 70 per cent of the country’s youth housed at the NOC are there for charges relating to wandering or truancy, as well as other minor offences. She noted that wandering is a principal reason for the loss of a child’s liberty.

“Many of these children are a product of their environment…they come into conflict with the law for many reasons- poverty, family break up, unemployment, migration, substance abuse, pressure exhorted by peers or adults, violence, abuse and exploitation to name a few,” she said, while calling on all Members of Parliament to change the situation.

Attorney General and Minister of Legal Affairs Basil Williams, SC. described the bill as timely, relevant and long overdue. He stressed that in all matters concerning children, the best interest of the child should be paramount. Williams said the modern legislation seeks to ensure that the interest of all juveniles is of utmost importance. He said the main aim of the juvenile justice system is rehabilitation and not punishment. He stressed that the ultimate goal is giving the juvenile another chance to take up a responsible place in society. “Let us not fail our most vulnerable but let us offer them an opportunity to be rehabilitated so they can make a tangible contribution to building a beautiful society.”

Opposition Chief Whip, Gail Teixeira argued that the government should not be opposed to sending the legislation to the Select Committee. “I can’t understand the government’s reluctance on sending the Bill to the Select Committee—what is your problem? You are in the chair, not us,” declared Teixeira. Former Home Affairs Minister Clement Rohee and Opposition MP Jillian Burton also spoke on the Bill.

Guyana to host major CFATF confab for judges, prosecutors - The Chronicle Newspaper - 27th April, 2018

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Published: 27 April 2018

Judges and prosecutors from the Caribbean Financial Action Task Force (CFATF) member states will converge in Guyana next week to participate in an Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) workshop organised by the Government of Guyana in collaboration with the Commonwealth Secretariat, CFATF and the Caribbean Development Bank (CDB).

The two-day workshop is set to open on Thursday May 3, 2018 at the Pegasus Hotel. President David Granger; Commonwealth Secretary-General Patricia Scotland; CFATF Chairman and Attorney General, Basil Williams; and CFATF Executive Director, Dawne Spicer are expected to address the officials present.

During a press conference at his Carmichael Street Office, the Attorney General disclosed that one judge and one prosecutor are expected from each of the 25 CFATF member countries. These countries include: Aruba, Barbados, Belize, El Salvador, Haiti, Jamaica, Trinidad and Tobago, Suriname, Venezuela, Dominica, The Bahamas, and the Turks and Caicos Islands.

Guyana will be represented by Justice Navendra Singh, Justice Jo-Ann Barlow and Director of Public Prosecutions (DPP) Shalimar Alli-Hack. An estimated number of 70 officials, including teams from the Commonwealth Secretariat and the CFATF Secretariat are expected to attend the forum here.

Minister Williams noted that in addition to the issues of money laundering and the financing of terrorism, the violent extremism will also take centre stage as the judges and prosecutors discuss counter measures and their roles in this integral process. The workshop is also being held at a time when Guyana is preparing for the 4th round of Mutual Evaluation in which major emphasis is placed on ‘Technical Compliance’ and ‘Effectiveness’ in the AML/CFT regime.

“With a better understanding on the part of judges and the prosecution who would have to push any charges in relation to money laundering, we believe that this understanding could result in a more effective approach to one, doing investigations into money laundering, proffering charges for money laundering and successful prosecution of those charges, before a judge who also would be very informed about a particular regime Anti-Money Laundering and Countering the Financing of Terrorism,” Minister Williams said as he explained the importance of the workshop to Guyana.

CFATF is the last of nine FATF Style Reporting Bodies (FSRB) to be hosting the workshop with judges and prosecutors. On the evening of May 3, 2018, a reception will be held at State House for the officers, and on May 4, 2018, a cultural ceremony would be held at the Umana Yana.

The AML/CFT workshop for judges and prosecutors is coming approximately four months after the country hosted a CFATF assessors training session. That seminar equipped participants with the tools and competencies needed to undertake an assessment of the technical compliance with the revised FATF recommendations, and for reviewing the level of effectiveness of a country’s Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) regime. Participants were also introduced to the use of the FATF Methodology which is used to assess a country’s technical compliance with the FATF recommendations, and for reviewing the level of effectiveness of a country’s AML/CFT system under the Fourth Round Mutual Evaluations process.

Modern arbitration laws crucial - The Chronicle Newspaper - 26th April, 2018

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Published: 27 April 2018

Attorney General, Basil Williams

…AG tells international commercial conference

GUYANA in preparing itself for an overwhelming increase in international transactions is creating a legal climate that is conducive to economic trade and investment, something Attorney General and Minister of Legal Affairs, Basil Williams, SC, believes is crucial now.

In light of Guyana’s upcoming oil and gas production here, Williams said the time is ripe to “promulgate modern arbitration laws to meet internationally acceptable standards.” He was at the time speaking at the third annual International Commercial Arbitration Conference being held for the first time in Guyana.

“The International Community’s growing attraction to Guyana and the bourgeoning interests of investors in the oil and gas sectors demand that our standards are tested and raised against the highest of benchmarks and the best standards of the international legal, business and dispute resolution community,” said the Attorney General.

President of the CCJ,Sir Dennis Byron

He noted that arbitration has traditionally been the preferred and accepted mode of resolving international disputes. “International Investment and commercial transactions alike generally favour the use of arbitration with the power of autonomy over process, the ability to negotiate your own clause and tailor the procedure of the arbitration as against the strict and often lengthy and costly court proceedings,” he explained.

Williams made it clear that countries which have a strong legal framework have always attracted investors while adding that with Guyana with its new found resource is no exception. As a result, he believes there is the need for greater capacity building while creating a legal environment that is “sound and investor friendly”.

“Nonetheless, this by no means alienates the role of the court in the arbitral process as ultimately, the court acts as gatekeeper for guaranteeing the integrity of the process,” Williams stated at the historic opening of the first ever international arbitration conference in Guyana.

The conference which is hosted by the Chartered Institute of Arbitrators in collaboration with the University of Guyana; the Caribbean International Chamber of Commerce; the International Center for the Settlement of Disputes; CARICOM; and the Dispute Resolution Center, saw participants from across the region and further afield.

“This conference marks a historic day in Guyana, most importantly for the strengthening of our legal and structural framework in the area of dispute resolution and in the development of conflict resolution as a whole.” Participants over the next few days will deliberate on ADR measures, Adjudication, Mediation and Arbitration, along with the fact that Guyana has court-assisted Mediation. Williams said Guyana welcomes the pursuit of other elements of alternative dispute resolution.

WILLPOWER of GOVERNMENT 
The Attorney General stressed that the will-power of his government to create the right legal framework is the need to equip the Bar, State Counsel and business communities on the ability to effectively draft arbitral agreements and respond to the disputes that are often inevitable. He said too that the conference represents the first of many new beginnings and noted hopes that it fosters greater collaboration and training to develop human technical capacity in arbitration. Each stakeholder, Williams said, plays a critical role in ensuring that the needs of the country are best served.

Modernise arbitration framework 
Meanwhile, President of the Trinidad-based Caribbean Court of Justice (CCJ) Sir Dennis Byron called upon legislators to modernize Guyana’s arbitration framework in light of heightened commercial activities coming here with the impending oil and gas sectors.
He posited that the “benefits the country will derive from this new development will depend to a large extent on whether the laws of the country can facilitate this development or not.”
The CCJ President said the hosting of the conference in Guyana is timely because of the oil and gas industries and the anticipated “explosion of international commercial activities” here which are a necessary consequence of the development of those industries. Sir Byron who was invited to give the keynote address during the lunch break, noted Guyana’s efforts to join the family of arbitration communities within the Caribbean, but urged that across the region there is need to focus on the importance of timeliness, and the efficiency in arbitration proceedings.

“I have been pushing the fort in our Region that the use of technology has to be at the heart of dispute resolution processes,” he stated while noting that arbitration is an area of dispute resolution where the access to justice is important.

The CCJ president stressed too the importance of developing resources and processes that would aid in boosting the standard of efficiency in the delivery of justice through the use of technology. The Judge pointed to the electronic filing of cases and case management and noted that the role of Advanced Performance Exponents (APEX), an agency sponsored by the CCJ to promote and advance standards and efficiency in the administration of justice in the Caribbean Community and specifically to help to utilise technology to improve justice delivery process.

Holding events like this which facilitate training and information dissemination strengthen the benchmarks of the region and promotes a healthy level of respect for the processes of arbitration across the region.

Use of technology 
In response to a question posed by Guyana Chronicle on the use of court technology, the CCJ president said court technology over the years has become an important element in improving the quality of justice delivered globally. “I have been interested in promoting increased efficiency in all judicial administrative and I have thought that important tools to achieving that is the use of technology, case management…I was making the point that arbitration proceedings should also benefit from the same standards of efficiency, using appropriate management techniques supported by technology.”

Justice Byron said one of the important benefits of the arbitrary process is that it provides an opportunity for the timely and efficient dispute resolution of matters. CARICOM, he said, has been working assiduously on the development of modules for modernizing the law which could be replicated in each member state. He noted that the idea of arbitration and having international arbitration centres is catching on in the Region, while noting that there is need for the harmonization of laws which ought to be adopted across the board.

“Commercial International arbitration is commercial international arbitration,” he remarked while highlighting projects being conducted by IMPACT Justice and representatives of OHADAC, The Organisation for the Harmonisation of Business Law in the Caribbean.
OHADAC is a project on the harmonizing of business law in the broader Caribbean which is aimed at reducing legal constraints and consolidating economic integration. “I think it might be interesting for our practitioners and experts and academics in the Commonwealth Caribbean to see to what extent cooperative relationships could be enhanced.

I can assure you that at the CCJ we have tried to set the example and we have signed a cooperative agreement with OHADAC,” the CCJ president stated as he referenced calls for one regional arbitration centre.

The Chartered Institute of Arbitrators (CIArb) is a leading professional membership non-profit organisation which represents the interests of alternative dispute resolution (ADR) practitioners worldwide. It has over 15,000 members located across 133 countries

supporting the global promotion, facilitation and development of all forms of private dispute resolution worldwide. The Caribbean Branch of the Institute was formed in 2006 and is chaired by Shan Greer. It is committed to promoting acceptance and the use of Arbitration and ADR throughout the Region. An international arbitration centre is to be launched in Barbados soon. Several experienced arbitration academics and practitioners are participating in the three day conference being held at Duke Lodge, Kingston.

Malicious — AG denounces charges against Lawrence, Norton - The Chronicle Newspaper - 22nd April, 2018

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Published: 27 April 2018

Attorney General and Legal Affairs Minister, Basil Williams

— calls for DPP review

ATTORNEY General and Minister of Legal Affairs, Basil Williams, SC. has described the move on Thursday by People’s Progressive Party (PPP) Members of Parliament (MPs) Juan Edghill and Vickram Bharrat to file private criminal charges against Minister of Public Health Volda Lawrence and Minister of Social Cohesion Dr. George Norton, for misconduct and abuse of public trust, as “malicious”.

Williams told reporters Saturday that the move to file the charges by attorney Anil Nandlall, also represents an “aberration to the Rule of Law” and that it is an insult to good governance and an abuse of the process of the court,to allow such “unsubstantiated recourse to our justice system based solely on malice, whim and caprice”.

The attorney general contended that there is no evidence of criminality on the part of the two ministers, which has been contended by the investigatory and prosecutorial agencies of the state.

Notwithstanding those charges, Williams, SC made it clear that the duo would be vindicated. In response to a question posed by the Guyana Chronicle, he disclosed that his office has already approached Barbadian Queens Counsel, Ralph A. Thorne and Hal Gallop.
“We had to have recourse to the two Barbadian Queens Counsel who I again have already spoken to in relation to my two ministers, because if you wish to mess around my ministers, you’d have to have the best representation; trusted representation,” asserted Williams.

Reading from a prepared statement, the attorney general who has just returned from an overseas conference in the US, said “to countenance partisan, political, private criminal charges coming out of Freedom House is a recipe for returning Guyana to the status of a failed narco-state as it was under Presidents Jagdeo and Ramotar.”
He noted that establishment of the office of the Director of Public Prosecutions (DPP) by the constitution empowers the holder of the office with total power over all prosecutions, whether initiated or undertaken by her or some other authority.

“If charges are initiated by others, the DPP can discontinue them if she so desires, or take them over and continue them,” Williams said, while explaining that the DPP has the “powers of quality control” over all prosecutions here.
He said the DPP, Shalimar Ali-Hack, also has a proactive duty to patrol the corridors of justice to ensure her domain is not polluted by “jaundiced interlopers”.

NO COMPARISON 
He stressed that there is no comparison between the cases where the DPP charged former Finance Minister Dr Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL) Winston Brassington for misconduct of public office, contrary to the common law and the private charges laid by Edghill and Bharrat.

One week prior, the charges against Dr Singh and Brassington, who both reside abroad, were filed by the Special Organised Crime Unit (SOCU). According to the first charge, Dr Singh and Brassington in December 2009 “acted recklessly” when they sold to National Hardware Guyana Limited, lands amounting to 103.88 acres, property of the state 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 second charge alleged that the duo in December, 2008 “without due diligence” sold to Scady Business Corporation, land located at Liliendaal, ECD, amounting to 4,700 acres, also the property of the state for the sum of $150,000,000 knowing that the said property was valued at $340,000,000 by Rodrigues Architects Associate.

The final charge alleges that they in May, 2011 “acted recklessly” when they sold to Multi-cinemas Guyana Inc. 10, 002 acres of land located at Turkeyen, ECD, property of the state for the sum of $185, 037,000 without first having procured a valuation of the said property from a competent valuation officer.

The DPP has since been asked by Nandlall to review the charges laid against his clients. On Saturday, Williams made it clear that it is expected that no less a treatment would be meted out, given the circumstances.

“…the government would expect no lesser treatment for the charges she (DPP) did not institute, lest the floodgates open to create a festival of private criminal charges even against the leader of the opposition,” he stated.

COMMITTED TO TRANSPARENCY 
On Friday, Minister of State Joseph Harmon maintained that his government is committed to transparency and ending corruption, noting that the charges brought against Dr Singh and Brassington were not politically motivated or directed by his administration.
In an interview with the Public Information and Press Services Department of the Ministry of the Presidency, Harmon described the charges brought against Lawrence and Dr Norton as frivolous and a clear attempt to taint the reputation of members of the government. Like Williams, Harmon said the two ministers will be vindicated.

“These talks of corruption are without any proof and the opposition is now seeking to grab at straws… The security agencies, the Police Force and so on have their work to do and when they find as they have been doing, evidence of corruption, evidence of malfeasance and they will take the necessary steps,” Minister Harmon said.
The Minister of State contended that the charges brought by the PPP MPs is a strategy aimed at tying the government ministers up in court so that government can be distracted from its development agenda.

The minister said that the David Granger administration, since its assumption of office in 2015, has had the Herculean task of fixing the systematic corruption, which existed under the former administration. He noted that it is under this administration that significant steps were taken to improve accountability and transparency in the public sector and the world’s perception of Guyana.

Meanwhile, while the charges against Dr Norton and Lawrence were not read in court, as the duo were not present, Chief Magistrate Ann McLennan summoned both ministers, who are expected to appear in court on Tuesday.

It is alleged that Lawrence while performing the duties of Minister of Public Health between January 16, February 16, 2017 “wilfully misconducted herself in a way which amounted to an abuse of public trust without reasonable excuse or justification, when she authorised or caused the unapproved single sourcing and purchase of drugs and medical supplies for the Georgetown Public Hospital Corporation, in the city of Georgetown from ANSA McAL Trading Limited… for the excessive sum of $605,962,200”.

The charge against Dr Norton however, alleges that while “performing the duties of Minister of Public Health of the Government of Guyana, June 1, 2016… willfully misconducted himself in a way which amounted to an abuse of public trust without reasonable excuse or justification, when he authorised or caused the rental of the property known as and situated at 29 Sussex Street, Albouystown, in the city of Georgetown from Linden Holdings Incorporated… for the sum of $12,500,000 exclusive of VAT, per month, by way of a written Agreement of Tenancy at an excessive rate of rental”.