‘Illegally’ spent $4.5B…Police find no wrongdoing

Sep 12, 2014 News

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– Ramjattan to pursue private criminal action

Almost two months after the Leader of the Alliance for Change, (AFC) Khemraj Ramjattan, filed a complaint against the

Minister of Finance, Dr. Ashni Singh, over alleged illegal expenditure in excess of $4.5B, the Guyana Police Force says that it did not find that the Minister committed a crime and legal advice is being sought.
The Force, by way of a statement issued through its Press Officer, Ivelaw Whittaker, yesterday said it is obligated to investigate criminal breaches only and does not conduct investigations into civil breaches nor administrative breaches of the law, save and except those related to the Police (Discipline) Act Chapter 17:01 regarding the conduct of its ranks.
According to Whittaker, the Guyana Police Force is of the opinion that the section of the Law that Ramjattan alleges was breached by Dr. Singh addresses administrative issues and “is therefore an administrative breach.”
The Police Force subsequently amended its statement to say, “it is not saying that the Honourable Minister of Finance Dr. Ashni Singh committed any administrative breach of the law…What the Police Force is saying is that any purported breach of that section of the law may amount to an administrative breach and not a criminal breach, hence its decision to seek legal advice.”
In another clarification sent to the media, the Guyana Police Force stated that it “wishes to make clear that there is no violation of the criminal law…It appears to be an issue which is beyond the competence and jurisdiction of the Police Force to pronounce upon.”
Meanwhile Ramjattan, who told this publication he was yet to be formally advised by the police, upon seeing the statement, asked “Where did Whittaker get his initial advice from?”
According to the AFC Leader, Whittaker should make public where he sought advice.
“The sections which I referred them to in my complaint are clearly criminal and penal. What is taking the advisors so long to give their advice? This is very strange…two months?”
Ramjattan suggested that the Director of Public Prosecution (DPP)’s Office should by now have done so.
“I will wait out another seven days…Thereafter I will pursue private criminal charges and see if DPP will withdraw or discontinue them.”
Four days ago, Ramjattan lamented that close to two months after the complaint was filed, he was still to be formally apprised of any progress being made. He had said that what was even more worrying was that, he was reliably informed that the Government was in fact “interfering with the investigation’ with ranks being told to delay the process.
According to Ramjattan, he had expected that the police would have acted professionally and investigated the report in a timely manner.
He told this publication that based on unofficial feedback from senior ranks within the Force, the complaint has merit.
Ramjattan, in July last, made good on his threat to lodge a formal complaint against the Minister along with officials across the various ministries which would have expended the monies that the National Assembly had disapproved in the 2014 Budget.
An extensive nine-page complaint was lodged at the office of the Commissioner of Police, Seelall Persaud, as well as with the Director of Public Prosecutions, Shalimar Ali-Hack.

Ramjattan in his complaint reported that “the Minster and other officials in his Ministry have committed a violation of the provisions of the FMA (Fiscal Management and Accountability) Act 2003…He has spent monies without having obtained legislative authorization.”
Ramjattan in his complaint is adamant that the expenditure “constitutes a misusing, a misapplication, or an improper disposal of public monies totaling $4.533B for a period up to 16th June, 2014”.
According to Ramjattan, such a violation contravenes section 46 and Section 85 of the FMA Act, by virtue of knowingly permitting other persons to contravene the provisions of the law.
“From every indication, this criminal violation will continue up to 31st December 2014.”
Ramjattan in his complaint points to the fact that the Finance Minster has pointed out that he does not need to get legislative authorisation first, or any appropriation before he spends public monies on these programmes and asserts, that he can spend without appropriation because he has article 218 3(b) which comes to his aid in permitting him to do so.
“This however flies in the face of the explicit, unequivocal language of article 217 and section 16 of the FMA Act 2003.”
According to Ramjattan, the Finance Minister, feels that Article 218 (3B) of the Constitution has given him a blank cheque to spend money without prior appropriation, but it does not.
Ramjattan in his complaint to the Guyana Police Force and DPP said, “This Finance Minister, from all appearances, has completely misapprehended the concept of Statement of Excess. And by logical extension, through this misapprehension, he feels he can use this as a device to bypass the non-approvals and disapprovals of Programmes and line items voted on by the National Assembly at the Annual Estimates in April, 2014.”
Ramjattan has since argued that this is arrogance and is also criminal.

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