Brassington grilled about documents concerning GSL shares

Mar 23, 2013 News

---

 
-By Latoya Giles
Head of the National Industrial and Commercial Investment Limited, Winston Brassington, yesterday continued giving his evidence in the case between Royal Investments and the Guyana Stores Limited. Brassington was questioned about a series of documents.
Senior Counsel Mr. Edward Luckhoo informed the Court that Mr. Rex Mc Kay SC would not cross examine the witness any further.  According to Luckhoo he had read the reports on the hearings and was satisfied with what had taken place so far.
Continuing his cross-examination of Winston Brassington, Luckhoo reminded Brassington that a number of documents and responses were requested and that he had promised to check and if found, would produce same to the Court.

The Attorney then proceeded to ask Brassington whether he had replied in writing to a letter dated January 31, 2000 from Mr. Manniram Prashad. According to Brassington, he did not locate any written response.  He said that checks were made, but that he had not located anything.
Brassington was questioned about whether there was a deposit agreement which gave NICIL the right to encumber GSL. Brassington said he did not agree that he said that.
Justice Roxanne George-Wiltshire, who is the presiding judge, then asked Brassington if there was something called the Deposit Agreement and the witness responded in the affirmative.  Luckhoo then asked Brassington if he had located that Deposit Agreement.
In reply, to that question Brassington said “No”.  The lawyer then asked Brassington if he had a separate agreement which gives NICIL the right to encumber GSL. According to Brassington this was not so.
However counsel reminded Brassington that several questions had been asked about a (letter dated April 4, 2000) and he enquired from the witness if he had been able to local any written responses since he had promised the court to make checks to see if he had responded in writing. Brassington said that he had not been able to locate any response in writing.
Mr. Luckhoo then drew Brassington’s attention to the Diplomatic Shop and reminded him that he was asked to check whether there was any part of an Information Memorandum which specifically excluded the Diplomatic Shop from the Share Sale Agreement. Brassington said that he had not located any information that excluded the Diplomatic Shop from the Share Sale Agreement.
Mr. Luckhoo then referred to correspondence written by Mr. Reaz Khan dated December 24, 1999 in which he requested a list of all Agencies, Franchises, and Distributorships and a list of each Agreement.
He asked Brassington whether he had responded in writing to Mr. Khan’s request. Brassington in reply said that he had sent a letter to Mr. Khan, which had set out the matter regarding Due Diligence. Mr. Luckhoo told Brassington that he was not asking him about Due Diligence.  He pointed out to Brassington that Mr. Reaz Khan was asking for franchise, agencies, distributorships and a list of each agreement.
Counsel then asked Brassington whether he had provided him with the list of each of his requests and according to Brassington he had directed Mr. Khan to sit with Management of Guyana Stores Limited to discuss his requests.
In answer to Mr. Luckhoo who asked for a copy of that letter, Mr. Brassington said that he could provide a copy of that letter.
Mr. Luckhoo then referred to a letter dated 16th November 1999 from Mr. Fries which was taken for identification.  Counsel then asked Brassington if he had been able to locate the original of that letter from his records and he said no. Mr. Luckhoo said that he had provided a copy of the letter for the Court.  The copy of the letter was shown to Brassington and his attorney Mr. Khan.
Mr. Luckhoo then asked Brassington, if he had any reason to believe that Mr. Fries did not send him that letter, and he said no. The lawyer then pointed out to Brassington that the letter seemed to say that certain correspondence were also sent along with that letter.
Mr. Luckhoo said to Brassington, “I want to show you a letter sent by Perkins to Mr. R. Sharma, Finance Manager of Guyana Stores Limited.” The letter was given to Brassington to read.
Counsel then asked Brassington if after reading the letter, it had helped him to recollect reading a document of similar nature? Brassington said that he recalled having back and forth correspondence with Perkins.
Mr. Luckhoo then asked Brassington if he had recalled receiving a letter from Perkins which stated that if the share holding of Guyana Stores Limited had changed, then the franchise would be terminated. Brassington said that he did not recall, but remembered that he had back and forth correspondence with Perkins.
The lawyer pointed out to Brassington that the shares in Guyana Stores Limited had been sold and that is what the case is all about.  He further pointed out that Brassington was acting as an agent for the shareholders of NICIL in the case.
Mr. Luckhoo then asked Brassington if Guyana Stores Limited had become aware that the sale of the shares would trigger a termination of that agreement, they would have notified NICIL or him. Brassington replied “Yes”. Mr. Luckhoo followed up by asking Brassington if he “would agree that if they did not notify him or NICIL, then GSL would have been failing in their duty?” Brassington replied, “Not necessarily.”
The Perkins letter was tendered for identification as NICIL #26 upon request by Mr. Luckhoo.
Mr. Luckhoo reminded Brassington that he had said that not all the franchises were in existence at the time the Share Sale Agreement was concluded.
Counsel further reminded Brassington that he had asked him if there were any pieces of correspondence listing the franchises that had ceased to exist at the time the Share Sale Agreement had concluded, and in reply, he said he would have checked.
Mr. Luckhoo asked Brassington if he had caused checks to be made and he said no.
The lawyer further questioned the witness if he had found any correspondence sent to Royal Investments whether he would have brought it to the Court and he replied yes.
Mr. Luckhoo asked Brassington whether he had brought any of the correspondence to the court and he answered no. The lawyer referred to Brassington to a letter dated 25th September 2000 which was addressed to Mr. Samuel Hinds and signed by Brassington. Brassington was given a copy of the letter to read. The letter was tendered in court.
However there was slight objection to the letter by Brassington’s lawyer. He asked that some of scribbled writings at the side of the letter to be removed.  Mr. Luckhoo asked that all annotations on the letter be ignored. All handwritings are to be deleted. The matter is to continue on April 9 when another witness is expected to take the stand.
The case is being heard by Justice Roxanne George-Wiltshire. NICIL is being represented by Rafiq Turhan Khan, while Yassin is being represented by Senior Counsel Edward Luckhoo and Rex Mc Kay.
In an affidavit signed by Mr. Tony Yassin, he admitted that on October 4, 2000, he entered into an agreement with National Industrial and Commercial Investment Limited (NICIL) to purchase the shares in Guyana Stores Limited which was owned by the Government of Guyana.
Furthermore, it was stated that before entering into the agreement with National Industrial and Commercial Investment Limited, Yassin was given various information memoranda on June 5, 1996 and packages in March 1999 in respect of the matters and facts which were peculiarly within the knowledge of the NICIL, the Government and Privatisation Unit.
To these, the defendant stated, he had no access method of verifying through his own investigation and inquiry.

---

---