Ministry of Legal Affairs

‘A good day for justice’ - The Chronicle Newspaper - 24th April, 2018

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Published: 25 April 2018

Attorney General Basil Williams, SC

–AG says DPP did right thing to throw out PPP private charges

ATTORNEY General and Minister of Legal Affairs, Basil Williams, SC. on Monday lauded the decision of Director of Public Prosecutions (DPP) Shalimar Ali-Hack to discontinue private criminal charges against Ministers of Public Health and Social Cohesion, Volda Lawrence and Dr George Norton, respectively.

Williams said that the decision made by the DPP represents “a good day for justice” here. He said, “I think she (DPP) did the right thing” while accusing the PPP of “political grandstanding”.

The DPP’s decision was handed down Monday following a call by the Attorney General for the charges to be reviewed. In a statement issued to the media the DPP made it clear that the charges ought to have been reported to the Police first for an investigation to be launched then advice sought from her office.

“These charges concern a grave issue under the criminal law in relation to two serving ministers. In the interest of good governance in the State of Guyana such allegations ought first to have been reported to the Guyana Police Force for an investigation to be launched and the advice of the DPP sought,” the DPP stated.

The two ministers were charged with Misconduct in Public Office, contrary to the Common Law and the private criminal charges were filed last Thursday by former Attorney General under the People’s Progressive Party (PPP) administration Anil Nandlall on behalf of that party’s Members of Parliament Juan Edghill and Visram Bharat.

The two parliamentarians 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”.

It should be noted that the Public Procurement Commission (PPC) had cleared the Public Health Minister of any wrongdoing. Meanwhile, the charge against Dr Norton, alleged that while “performing the duties of Minister of Public Health of the Government of Guyana, June 1, 2016… wilfully 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”.

The charges laid against the two ministers came one week after the Special Organised Crime Unity (SOCU) would have instituted criminal charges on three counts of misconduct in public office, contrary to the common law against former Finance Minister Dr Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL) Winston Brassington for the sale of state assets at lower prices than valued.

However, on Monday, Williams SC. told Guyana Chronicle that by virtue of the Constitution, the DPP has the power to keep that balance and is a very important person in the maintenance of peace, order and good government. “So you have a situation where somebody comes out of a political house and comes and files some private criminal charge and it is entertained. There is no evidence,” the Attorney General declared. He said evidence is critical in the making out a case against the two sitting ministers.

He reminded that while in government, and allegations were made against the then PPP government, opposition members were called upon to “bring the evidence”. “So, I am surprised that they actually went to the court swinging empty hands. They ought to have gone to one of the investigatory agencies of the state the police or SOCU (Special Organised Crime Unit) and take the evidence to them.

They can’t just look at two sitting ministers and just make whimsical and capricious allegations unsupported by evidence. I think the DPP must be applauded,” said Williams.
Asked whether he believes the three additional charges filed by the opposition Members of Parliament would also be discontinued, Williams responded in the affirmative. Three charges were filed against Minsters of Finance, Public Infrastructure and Public Service, Winston Jordan, David Patterson and Dr Rupert Roopnaraine. Jordan and Patterson are accused of “wilfully misconducting themselves in a way which amounted to an abuse of public trust without reasonable excuse or justification” when they paid or authorised to be paid the sum of $906,000,000 to Homestretch Development Incorporated and contractors engaged by the said company for works done at Durban Jubilee Park without any procurement process.

On the other hand, Dr Roopnaraine is accused of wilfully misconducting himself in a way which amounted to an abuse of public trust without reasonable excuse or justification by acting as a Director of Homestretch Development Incorporated when the said company received $906M for works done at Durban Park. Williams opined that the move by the PPP MPs amounts to “political grandstanding”. “If you have evidence go and give it to the police, go and give it to SOCU, SARA (State Assets Recovery Agency). It is clear they don’t have evidence and all they try to do is denigrate and libel and try to lure people…”

MAGISTRATE MUST BE VIGILANT 
The Attorney General disclosed too that like the DPP, the Magistrate acts as a filter to the judicial process. He noted that the DPP would not have been aware of the charges being filed against the two ministers. “She (the magistrate) also has the duty to interrogate what they are bringing to her. They go to her, they don’t lay over any evidence, no statement nothing and I think the DPP did the right thing,” Williams stated while noting that Guyana is an orderly society.

“You have an allegation, you go and make a complaint to the relevant authorities and they process and take it to the DPP. It would be tantamount to having some jungle jurisdiction if the law were allowed to operate in this manner,” the Attorney General declared.

Government had deemed the charges laid by the opposition MPs as malicious and said it represented an aberration to the Rule of Law, an insult to good governance and an abuse of the process of the Court to allow unsubstantiated recourse to the justice system based solely on “malice, whim and caprice and no evidence of criminality on the part of the Ministers”.

AG dismisses Jagdeo concerns about CCJ - The Chronicle Newspaper -23rd April, 2018

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Published: 25 April 2018

ATTORNEY General and Minister of Legal Affairs Basil Williams, SC, on Saturday dismissed statements attributed to Opposition Leader and former president Bharrat Jagdeo which suggested that statements made by government ministers on the term-limit case which is currently before the Caribbean Court of Justice (CCJ) is likely to prejudice the outcome.

“I am surprised that Mr Jagdeo has problems with the CCJ. I would not get into that type of discussion. I did my talking during the hearings and I feel confident that we could leave the panel of eminent judges which adorn that bench to discharge their responsibilities,” Williams said in response to questions posed by this newspaper.

The attorney general said that there is a general concern about statements being made about court cases that are before the courts.

“Yes, there is a general concern,” he told reporters while referencing a recent press conference held by Foreign Affairs Minister Carl Greenidge on the same subject. Greenidge warned that matters placed before the courts are sub judice, meaning they are under judicial consideration and ought not to be reported on or be the subject of public discourse.
“Persons who want to have an insight into what happened in the court, they could go to the CCJ website and listen for themselves and they don’t have to be subjected to PPP propaganda,” said Williams.

However, Jagdeo at a media briefing this week referenced a recent political meeting in Berbice where Vice-President and Minister of National Security, Khemraj Ramjattan, reportedly suggested that the CCJ will rule in the government’s favour in the term-limit case.

“I don’t know whether it’s loose talk or they do have inside information as they say, but either way this could affect the credibility of the court. If they claim they have inside knowledge, it could also be entirely false,” Jagdeo stated.

Meanwhile, back in March, Williams and a battery of lawyers appeared before the full bench of the CCJ where the court was informed that two former top judicial officers here had erred in applying the Basic Structure Doctrine in the ‘third-term case’, even as he asserted that the term-limit act is valid.

Government has challenged a Court of Appeal ruling in the case brought by the relatively unknown Cedric Richardson on the presidential term-limit. The ruling was initially challenged by both the state and former Speaker of the National Assembly, Raphael Trotman. Trotman has dropped out of the case.

The state is being represented by Williams SC, Solicitor-General Kim Kyte-Thomas, State Counsel Uteika John and Barbadian Queens Counsel, Hal Gallop and Ralph Thorne, while Richardson is being represented by Douglas Mendes of Trinidad.

KEENLY WATCHED 
The case is being keenly watched and many feel that Jagdeo, who served two terms as president, has played a big role in the challenge of the term-limit, but he and his party have always denied this.

Richardson of Laing Avenue, Georgetown, in a constitutional challenge just before the May 2015 General and Regional Elections, contested the amendments made to Article 90 of the constitution that were enacted in 2000 following a bipartisan Constitutional Reform Process.

Article 90 (2) states that “a person elected as President after the year 2000 is eligible for re-election only once.” He argued that that the term-limit infringes on Articles 1 and 9 of the constitution, wherein Article 1 states that “Guyana is an indivisible, secular, democratic, sovereign state in the course of transition from capitalism to socialism and shall be known as the Co-operative Republic of Guyana” and Article 9 states that “Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this constitution.”

However, Williams argued that amendments made to Article 90 are not unconstitutional. The attorney general told the CCJ that the High Court and Court of Appeal of Guyana applied the Basic Structure Doctrine in the case. He pointed out that the doctrine does not apply to Guyana and any other CARICOM country that has a constitution that mirrors the Westminster model. The Basic Structure Doctrine is an Indian judicial principle that the constitution has certain basic features that cannot be altered or destroyed through amendments by the Parliament. The doctrine applies only to constitutional amendments.
But Williams argued that “where legislation is passed in accordance with prescription — in terms of manner and form — the court ought not to inquire as to the propriety, the substance of that legislation.”

He rejected outright the use of the concept of Basic Structure Doctrine, noting that it does not apply to the Guyana Constitution. “The Act was validly passed. The only question is whether it conforms to the constrictions on Article 164 (2) (6) of the constitution. Our submission is that it did,” he posited.

Meanwhile, Solicitor-General Kyte-Thomas raised the issue of delay. She argued that while the issue of delay was not initially raised in the Supreme Court or the Court of Appeal, it is important.

“We acknowledge your honour, that there was no limitation in other constitutions in respect to the bringing of constitutional claims and seeking constitutional relief. However, the courts around this Region have spoken.”

She pointed to case law where it was ruled that a litigant cannot sit idly by and then years after go to the court seeking redress. She reminded that the court found in many instances that delay may defeat a constitutional motion.

Statement by A.G and Minister of Legal Affairs on private charges brought against Ministers - 24 April, 2018

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Published: 24 April 2018

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AG attending major financial crimes confab - The Chronicle Newspaper -18 April, 2018

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Published: 19 April 2018

Attorney General Basil Williams

CHAIRMAN of the Caribbean Financial Action Task Force (CFATF), Attorney General Basil Williams, has left Guyana to attend a major conference in Miami, Florida, which will brainstorm ways to strengthen the fight against money laundering.

Williams will be making a presentation on FinTech effects on the changing role of the Compliance Officer. The conference is the fourth ComplianceAid: Anti-Money Laundering & Financial Crimes Conference and the second AMLFC Institute Conference. It will run from April 18-20.

The ComplianceAid Conference is an annual event which focuses on Anti-Money Laundering, Countering the Financing of Terrorism, and Financial Crimes Prevention. The conference targets regulated entities of the Americas. Over the past three years, the annual ComplianceAid Conference has grown to be the premier gathering of directors and professionals in the AML space, across the Region and beyond, the AG’s Chamber said in a release. With over twenty (20) general sessions, the ComplianceAid conference provides high-quality exposure to a captive audience of arguably the most influential leaders and professionals in the sector.

This two-day event is designed to provide practical knowledge of AML/CFT and will address the peculiarities of operating a business in the Americas. Additionally, the AG Chambers said the conference will equip all participants with useful knowledge which they may implement within their organisations. To this end a group of high profile regulators and compliance experts will discuss challenges faced by regulated businesses. Unlike any other, this conference will address the issues from a non-U.S. point of view.

According to the release, beyond complying with the AML/CFT annual training requirements, this conference will provide participants a unique opportunity to personally engage with regulators and other experts. This personal contact will allow for a better understanding of the approach to enforcement in their respective jurisdictions.

Williams over the past two years has been on a warpath to ensure that Guyana remains compliant with the global anti-money laundering regime. Only last week, he implored supervisory bodies here to intensify their efforts on a collaborative front to bring money launderers to justice, lest the country be left out in the cold during the 4th Round of Mutual Evaluations.

Last Friday during an Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) National Coordination Committee Seminar at the Bank of Guyana, Minister Williams reminded representatives of supervisory agencies present, that major emphasis is placed on ‘Technical Compliance’ and ‘Effectiveness’ during the 4TH Round of Mutual Evaluations.

Williams said although Guyana has the requisite AML/CFT legislation in place, it has not recorded a single prosecution or conviction to date, noting that such a scenario does not augur well for the country. “We have to tighten up, otherwise we drown in a pool,” he said frankly.

Singling out the Financial Intelligence Unit (FIU) and the Special Organised Crime Unit (SOCU), the attorney general made it clear that there is no way Guyana could graduate out of the 4th Round of Mutual Evaluations without having convictions.

Failure to show signs of effectiveness, when the 4th Round of Mutual Evaluation is held in 2021, the new deadline set from the previous 2022, he further warned that such could result in FATF issuing a public statement calling on countries to adopt counter measures, which include the option to cut ties with the default country or enhanced due diligence.

FATF conducts 4th Round of Mutual Evaluations for its members based on its 2012 Recommendations and the Methodology for Assessing Compliance with the FATF recommendations and the Effectiveness of AML/CFT Systems (2013), which is periodically amended.

Press Release - 11th April, 2018

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Published: 17 April 2018

 Attorney General and Senior Regional Officials.  

ANTI-CORRUPTION SENSITISATION SEMINAR...

As the Attorney General Chambers and Ministry of Legal Affairs continues with its efforts to combat corruption, a sensitisation seminar was hosted on Wednesday, 11th April, 2018 with stakeholders of Region three (Essequibo Islands/West Demerara) at the Regional Democratic Office, Vreed-en-hoop.

The seminar was based on the approaches and systems in place to enact anti-corruption measures nationwide and saw the participation of representatives from the Ministry of Education, Police 'D' Division, Guyana Water Incorporated (GWI) and various Neighbourhood Democratic Councils. The discussions fostered on sensitising the large gathering on the implemented mechanisms such as the State Asset Recovery Act, the Protected Disclosures (Whistleblower) Act, and the Witness Protection Act, to not only protect state property but also individuals who lawfully report on illegal transactions.

Corruption was illustrated as a leading cause for stagnating the growth of Guyana and the quality of life of its people. Much emphasis was placed on the billions of dollars that have been lost as a result of fraudulent and other criminal activities, even within the public sector.

Presenting on State Asset Recover Act Ms. A Dhurjon

Among the team of presenters were the Chief Executive Officer (CEO) of the State Asset Recovery Unit (SARU), Aubrey Heath-Retemyer who elaborated on the negative impact the country faced as a result of corruption; Legislative Drafting Consultant Ananda Dhurjon, provided an overview of the State Asset Recovery Act; Parliamentary Counsel Ronetta Sargent outlined a detailed presentation on the Protected Disclosures (Whistleblower) Act. Ms. Joan, the Principal Parliamentary Counsel, thoroughly defined the Witness Protection Act and Assistant Director of Public Prosecutions, Teshana James-Lake concluded presentations by urging public officials to abstain from illegal activities and report any such criminalizing activities which they are knowledgeable of.

Attorney General and Minister of Legal Affairs, Hon. Basil Williams, S.C, M.P and team stressed that in order to coordinate a successful battle against corruption; one must be willing to cooperate in the fight for a new-birthed Guyana with little to no exploitation of state resources. According to the Minister, corruption is everyone's business, and therefore, knowledge of any such activity should be reported.

The Government will ensure that organisations and individuals conduct their business in an honest and efficient manner and to this end has taken the mentioned institutional and administrative measures to stamp out corruption in Guyana.

Participants

The new regulations are embedded to warrant fairness, stem the scourge of corruption and lessen mismanagement of resources in public offices, ultimately leading to a corruption-free public service. Minister Williams and his team of professionals will continue to stimulate the interest of the Guyanese people in the fight against corruption.