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Oct 04, 2014 Heist of Guyana, News
September 21, 2014
Jagdeo/Sattaur plot to destroy Kaieteur News unearthed
Publisher of the Kaieteur News, Glenn Lall, is in possession of incontrovertible evidence of a plot by former President, Bharrat Jagdeo, and Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, to bring down Kaieteur News.
Confidential documentation, leaked to this publication, reveals that the Commissioner-General provided the former President with detailed tax information of a number of independent media houses in Guyana.
The disclosure of the information by GRA’s Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority, said one lawyer.
In taking the Oath, Sattaur solemnly declared that he would “truly, faithfully, impartially and honestly execute the powers vested in him.”
He also swore that he would “judge and determine upon all matters and things before him without fear, affection, or malice”.
And he swore, too, not to disclose any tax information concerning any taxpayer, but this has not been the case.
Both Jagdeo and Sattaur are fully aware of the impropriety of their action and as such Sattaur even acknowledged, in the documents, that Jagdeo is expected to treat the information with confidence, said the lawyer.
The documents would lift the lid off a few Government officials who have been insisting that all is right in Guyana and democracy is very much alive, he added.
Both Kaieteur News and Stabroek News have been on the receiving end of Government’s anger over critical issues like corruption, value for money on projects, and local government elections.
This publication is of the firm view that former President Jagdeo is not entitled to receive financial or tax information of any taxpayer, let alone a private citizen, as it would be highly improper, and clearly a breach of regulations.
The information received revealed that Jagdeo advised Sattaur on “an impending major audit of the Kaieteur News” as a public ploy to defend the GRA and Sattaur against criticisms by the Kaieteur News.
There is strong indication, according to the documents seen by Kaieteur News, that the plot between Sattaur and Jagdeo was hatched after a news report a few weeks ago raised questions over the employment of three children of the Commissioner-General at GRA. The report had questioned whether it was proper.
Sattaur had also been highly defensive and upset with Kaieteur News and the private media, after questions were asked of GRA’s role in granting Bai Shan Lin, a Chinese logging company that is being investigated by Parliament, tens of millions of dollars in duty free concessions.
When asked about details of the duty free concessions granted to Bai Shan Lin, Sattaur made it clear that the laws that are in place barred him from ever disclosing the information. He said that the matter was closed.
As such, the public was kept in the dark over those duty free concessions for high-end SUVs, like a Lexus, an Infiniti series, and even a number of luxury vans.
The granting of duty free concessions for vehicles pertaining to investments has to be relevant to the type of investment being made.
GRA remained silent on this and also how it granted the duty free concessions even before Bai Shan Lin was given permission to freely operate its concessions.
According to Kaieteur News’s publisher, Glenn Lall, he is now even more convinced that certain members within the ruling People’s Progressive Party/Civic and Government are determined to silence the voice of the independent media.
“The use of the Guyana Revenue Authority, a body to which members of the public entrust their most private information, as a weapon against the media is a dangerous development indeed, and a violation of press freedom…
“Kaieteur News is forced to ask what other tax information has not been compromised by Sattaur and Jagdeo?”
Lall opined that it is time for Sattaur to step down as Commissioner-General of GRA with an independent, criminal investigation launched to enquire the role played by Jagdeo, and to ensure that the tax agency is operating within its mandate.
“We also call on President Donald Ramotar to take steps to prevent Mr. Jagdeo from interfering further in his administration of the country,” Lall said.
September 22, 2014
Sattaur addresses issue of plot to destroy Kaieteur News
On Sunday, Kaieteur News reported on what it said was a plot by Commissioner General of the Guyana Revenue Authority, Khurshid Sattaur, and former President Bharrat Jagdeo, to destroy the newspaper.
The news report prompted the following response from Sattaur.
Dear Editor,
Reference is made to various articles in Kaieteur newspaper edition of the 21/9 of which you are well undoubtedly aware.
There would appear to be a deliberate and orchestrated effort on the part of the paper and no doubt that of the owner/publisher of the newspaper to give maximum coverage to the ongoing legal proceedings involving the vehicles imported by remigrants but “loaned to the Lalls”.
This can be construed as an apparent and continuing effort to influence the learned Chief Justice in his impending decision. This belief is further confirmed from the most naive reference made by the editor of the publication that “this matter is before the court and I am sure it will go nowhere”.
Perhaps the editor of Kaieteur News can enlighten the public what is meant by this statement and if he is privy to information that is not in the public domain. The GRA is still of the firm belief that the matter will be heard and determined expeditiously and justice will prevail.
While this reference to a current court case and these unjustified and baseless statements may appear to the uninitiated to be innocuous, Mr. Harris should be seriously reprimanded by the Chief Justice for contempt. The statement that “nothing in the law that says a man cannot loan his vehicle” betrays the ignorance, misapprehension, misinterpretation of the law or represents a deliberate attempt by the publication to disseminate this misinformation to the reading public.
I am more inclined to believe it is the latter if you are to consider some of the misguided and grossly inaccurate information the publication has chosen to publish regarding the issue, as well as reckless and irresponsible behavior demonstrated by the KN.
Whilst the Income Tax laws make provision for certain tax information to be treated as confidential, there are several exceptions to this general rule. Specifically, under S4 of the Income Tax Act a disclosure to the state is not prohibited, a disclosure for the purposes of the administration of the Act is allowed and a disclosure to any person with the authorization of the president is permitted under the law. These exceptions are further extended by the Revenue Authority Act, Act No. 13 of 1996. Under S23 of this Act disclosure is further allowed in four instances:
a. a disclosure in the course of the persons duties
b. with the consent in writing by or on behalf of the Authority
c. when lawfully required to do so by an order of court
d. when required to do so under any law
S4(2) of the Income Tax Act provides as follows:
“S4(2)Every person having possession of or control over any
documents, information, returns, or assessment lists or copies of those
lists, relating to the income or items of income of anyone who at any time
communicates or attempts to communicate that information, or anything
contained in the documents, returns, lists or copies, to any person—
(a) other than a person to whom he is authorised by the
President to communicate it; or
(b) otherwise than for the purposes of this Act, shall be guilty of an offence.”
The law clearly provides that the President and the state are legally entitled to receive information on any taxpayer and empowers the President to authorise the disclosure of any such information to any person(s). This privilege has been enshrined in the statutes.I can assure the Kaieteur News and the general public that all taxpayer information is treated with the strictest confidence and any disclosure is made lawfully in keeping with the laws of Guyana.
This supposed revelation of a plot to destroy the KN is nothing but an apparent attempt by the Newspaper’s publisher to forestall any audit the GRA may wish to undertake of the tax affairs of the KN which may uncover irregularities, tax evasion, tax avoidance, fraud etc. It is an attempt to intimidate the GRA and its officers from discharging their statutory duties and functions by suggesting that any audit of the KN is malicious and vindictive. It is with regret that I must inform you that the GRA cannot abdicate it’s statutory mandate in light of spurious and baseless conjecture. Indeed it compels the GRA to action since these actions belie the fact the KN has an interest in preventing an audit by the Revenue a clear indicator of fraud and the need for an investigation.
I will not respond to your baseless and unfounded accusations in various articles that I was responsible for providing the Chronicle with the damaging information concerning the falsifying of documents on tax frauds allegedly perpetrated by KN and it’s Publisher. These statements are defamatory and I have instructed my Attorneys to institute legal proceedings against the KN and it’s publisher. These defamatory statements and issues pertaining thereto will be fully ventilated in the impending legal action.
In the circumstances the KN, it’s Editor and Publisher would be well advised to:
1. Acquaint themselves with the provisions of the Tax laws particularly the provisions that prohibit the disclosure of confidential taxpayer information and the exceptions to this general rule;
2. Familiarise themselves with the provisions and process relating to the grant of remigrant status/duty concessions and the conditions attendant thereto, particularly the numerous potential sources the information allegedly ‘leaked’ could have originated from;
3. Be informed that the Kaieteur News and it’s publisher are subject to the Laws of Guyana like any other citizen;
4. Be reminded that the Commissioner General or the GRA cannot be intimidated into abandoning a statutorily empowered audit and will not be so intimidated.
Despite these unfounded attacks, threats, attempts at manipulation and intimidation the GRA, myself and officers will remain professional in our conduct and execution of our duties towards all citizens of Guyana.
K Sattaur
Commissioner- General
September 24, 2014
Sattaur/Jagdeo plot to destroy KN…It takes more than that to shock the PPP – Rohee
General Secretary of the People’s Progressive Party Clement Rohee has admitted that with the way things are going in Guyana, one must brace oneself for any eventuality. He made this assertion as he hosted his Party’s weekly Press conference yesterday. The event was postponed from Monday because, according to PPP’s Executive Secretary, “we had some other important things.”
Rohee was asked whether his Party was shocked by the Kaieteur News’ revelations with regards to a plot to destroy the newspaper, or if it were a case where the PPP was privy to info on the plot before the publication.
“It takes more than that to shock the PPP; those things are not to shock us. With the way things go in Guyana, as my friend Adam Harris would know, don’t be surprised by the unexpected.
Asked whether that response meant the PPP knew what was being plotted against the media house, Rohee responded in the negative, and said, “I am dealing with the word shock and we were not shocked.”
Rohee said that when he saw the “disclosure or that front page story, my mind went back immediately to an episode in the Trinidad and Tobago between the opposition leader and some other politicians about the creditworthiness of an email; so I don’t know at this point and time how credible it is.”
The story to which Rohee referenced was one which indeed involved the Trinidad and Tobago government and the Opposition, in which verification was sought through Google Inc.
In 2013, Trinidad and Tobago Opposition Leader, Dr. Keith Rowley made allegations of corruption in Parliament. Rowley presented a series of e-mails, purportedly exchanged between high-ranking government officials, including Prime Minister Kamla Persad-Bissessar.
But the Government denied that those were authentic. The integrity Commission of Trinidad and Tobago eventually requested that Google provide clarity on the matter.
Google had agreed to preserve the information requested in 2013 by the Integrity Commission but had failed to deliver any documents up to earlier this year.
So the Integrity Commission applied to the United States District Court in the Northern District of California for an order directing Google to provide information. In this year the air was cleared and lawyers of the Trinidad and Tobago government produced a certified affidavit from Google Inc which they said invalidated the entire scandal.
Yesterday Kaieteur News asked Rohee to say whether his party would be pushing for a verification of the email. He said that the question should be directed to Cabinet Secretary and Presidential advisor, Roger Luncheon because “the issue is a government issue involving a government agency.
On Sunday, Kaieteur News reported on what it said was a plot by Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur and former President Bharrat Jagdeo to destroy the newspaper.
On that very day Sattaur sent out a response where he said that those reports were “baseless’ and “unjustified” so Kaieteur News decided to put in the public domain, the evidence of such plots which were dubbed “incontrovertible.”
The newspaper printed e-mails exchanged between Sattaur and Attorney General Anil Nandlall, with direct reference to Jagdeo.
In the E-mails, Sattaur told Nandlall that “we are in this thing together” and told him of plans that are “likely to break the camel’s back and the individual (Kaieteur News publisher, Glenn Lall) may go berserk.”
Since the e-mails were released, Sattaur didn’t send out any of his letters that usually come after an allegation is made against him, especially in the Kaieteur News.
September 24, 2014
GRA tax boss breaches “Oath of Secrecy”…Khurshid Sattaur should resign immediately – AFC
– Rohee can’t say if Govt. is concerned about his actions
In light of damning evidence provided by this newspaper which shows the Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, sending tax information on several independent media entities to former President Bharrat Jagdeo, the Alliance For Change (AFC) has made a strong call for his immediate resignation.
Kaieteur News on Sunday last stated that its Publisher, Glenn Lall, is in possession of indisputable evidence of a plot by Jagdeo and Sattaur, to bring down the newspaper. The same day Sattaur issued a statement denying the plot and contending that he had a right to share information with the Head of State.
The evidence put forward by this publication were emails between Sattaur and Jagdeo which were then shared with the Attorney General Anil Nandlall. Sattaur via email sent information on the corporation tax income of several media houses to Jagdeo and then to Nandlall.
According to some lawyers, the information disclosed by the GRA Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority.
In taking the Oath, Sattaur solemnly declared that he would “truly, faithfully, impartially and honestly execute the powers vested in him.” He also swore not to disclose any tax information concerning any taxpayer.
In the email written by Sattaur, he asserts that Jagdeo advised him to say that “an impending major audit of the Kaieteur News” was behind the publication’s criticisms of him.
Asked whether the government is at all concerned by the actions committed by the tax chief, General Secretary of the People’s Progressive Party (PPP), Clement Rohee said that he would not be able to answer any question on the issue.
At his weekly press conference, yesterday, Rohee said that after working with his ministry for several years, he has developed a rather “suspicious mind” and when he saw the disclosure of the information by this newspaper it reminded him of a similar incident which took place in Trinidad and Tobago.
The authenticity of the email came into question in that episode, he said, adding that he is left with no choice but to question the same in this case.
“I don’t know how credible those emails are. There are so many concoctions and fabrications floating around this country and in this political season such as the $30M allegation, where it was said that Government would buy off three opposition parliamentarians to vote against the no-confidence motion. So I don’t know. I really can’t answer that question.”
Rohee was then reminded of how prompt the government was in addressing that allegation when it came from the opposition as it had done on other occasions. He was subsequently asked why government, or any of its arms, particularly the GRA, has been silent thus far, considering their usual mode when it comes to such revelations.
“In the case of the $30M issue, there was a direct allegation to the party and the government about this matter, but in the case of the Kaieteur News expose, it has nothing to do with the PPP.”
Yesterday, Leader of the AFC, Khemraj Ramjattan said that the emails between Sattaur and Jagdeo reflect a fundamental departure of the oath to confidentiality taken by Sattaur. The AFC Leader said that Sattaur should have never given such information to Jagdeo who is not known as any legal advisor to him.
“As far as I am concerned and from what I was told, President Donald Ramotar never authorized Sattaur to give that information to Jagdeo. I wish to remind that Jagdeo is a private citizen and has no authority whatsoever, under the law or otherwise, to request the tax information of any person of business.
“As such, this kind of behavior from such a senior person, Sattaur, is just utterly outrageous. When I knew Sattaur he started out with all intentions of being professional, but he has allowed himself to lose that quality. I know the Kaieteur News can be unrelenting and it can be hard on you sometimes, but that does not give you the right in this democracy to lash back at the newspaper in the most cruel and sickening manner,” Ramjattan asserted.
The politician insisted that in a normal democracy, Sattaur needs to learn to take criticisms and respond in an impartial manner, and not in one that causes him to sacrifice the commitment he made to uphold the principles of his office. He said that Sattaur’s actions have only served to bring the office of the Guyana Revenue Authority into disrepute and as such he is calling on him to do the only “just” thing and resign.
Ramjattan added, “The members of the board at the Guyana Revenue Authority should also demand his resignation, for it cannot be stated enough that his actions were not only unethical but immoral. And just to think, he ran to Jagdeo for advice on how to deal with Kaieteur News, a man who is known for being malicious and vindictive.
“I would have understood if he went for advice from the Attorney General, but then again… This whole situation with Sattaur is quite unfortunate for him, his office and his staff who were looking up to him.”
The AFC said that it is aghast at the shocking revelations by Kaieteur News with regard to the targeting of independent media by the GRA, seemingly under the direction of forces external to the entity.
The party said that it has been in receipt of various complaints of activities of this nature and had for some time held suspicions that independent media houses and businesses which are not viewed as subservient to the “authorities” have been unfairly targeted for investigations.
As the plot thickens, the AFC noted that Kaieteur News has unearthed what appears to be irrefutable evidence which shows clearly the scandalous levels of “a seemingly highly orchestrated illegal and vile campaign by the government.”
The AFC said that it is specifically horrified that there appears to be involvement and collusion on the part of the Attorney General.
It posited, too, that this scandalous, appalling and deliberate breach of the public trust and, importantly, of the Revenue Authority Act, represents a most sickening and foul act perpetrated on the people of Guyana. It concluded that this revelation brings to the attention of the nation that every citizen and every business is at risk of being targeted and shut down.
Considering the evidence produced by this publication, the AFC made several calls. Apart from its call for the resignation of the tax chief, it called for a thorough, independent investigation on the matter and for the law to take its full course.
It called, too, for President Ramotar to immediately withdraw the Attorney General from heading the Guyana delegation which is scheduled to meet with the Caribbean Financial Action Task Force’s America Region Reviewing Group at the end of the month in Miami.
As for bodies such as the Private Sector Commission, the media and all non-governmental organizations, it called on them to publicly and unequivocally condemn these frightening and terrifying revelations. The party noted that it is currently gathering information and will shortly convene a management meeting to discuss the party’s course of action in ensuring that citizens “are rid of this atrocious and horrendous cancer.”
The party commended the editor and publisher of Kaieteur News for displaying the fortitude, resilience and bravery in bringing the evidence to the public, at the risk of further intimidation and victimization.
September 24, 2014
Plot to destroy Kaieteur News…Sattaur remains mum on e-mail revelations
Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, is in no way fazed by the calls for his resignation or articles published against him. He contends that whatever he does is covered in law.
Sattaur, during an interview, yesterday, maintained that whatever he does in the execution of his duties is covered in law and as such he has nothing to hide or to be afraid of.
Asked whether he denies that he did in fact share tax information of privately owned media houses with the former President Bharrat Jagdeo, Sattaur said, “No comment.”
Sattaur announced, too, that he is getting a lawyer to deal with the matter in court.
According to Sattaur, he is building a case against the Kaieteur News and its publisher Glenn Lall.
Sattaur said that he is in possession of a recorded conversation between himself and Lall. The contents of the conversation will not be published or shared but rather will be tendered as evidence in the court, he said.
Sattaur claims that Lall called him and threatened to expose him.
According to Sattaur, whatever he has done in the course of his duty had been within the confines of the law.
“Let them dig more and write what they want…Let them write it in ‘dem boys’,” said Sattaur.
This publication on Sunday last, published a redacted email sent from Sattaur to Jagdeo, where he divulged tax information of several privately-owned media houses.
In another email, this time with Attorney General Anil Nandlall, Sattaur informed him that he had provided the former President with “information which I would expect he treats with the utmost confidentiality.”
According to the email, Sattaur informs Nandlall that “since we are in this thing together, I see no harm in sharing this with you. However, further to the assurances you have given me that the Government will be pursuing the newspaper for libel and other offences of a criminal nature, I will await the determination of such action before I provide you with the details on Kaieteur News. Of course I am deeply indebted to the Government for the confidence it places in me to continue to execute my duties as CG.”
He is further quoted as saying “I spoke with the honourable BJ and he suggested that the recent outrageous article published on me should for “media purposes” be attributed to the impending major audit of the Kaieteur News which in his usual irregular and surreptitious manner the newspaper was able to uncover….Please note however, unless there is a major gag order from the court with a threat of maximum imprisonment, I am not prepared to have this most recent proposed action made public…This as they say in proverbial language is likely to break the camel’s back and the individual may go berserk.”
Sattaur had sought to defend his actions saying that while the Income Tax laws make provision for certain tax information to be treated as confidential, there are several exceptions to this general rule.
Specifically, under S4 of the Income Tax Act a disclosure to the state is not prohibited, a disclosure for the purposes of the administration of the Act is allowed and a disclosure to any person with the authorization of the president is permitted under the law. These exceptions are further extended by the Revenue Authority Act, Act No. 13 of 1996. Under S23 of this Act disclosure is further allowed in four instances.
Checks with Office of the President revealed that there was no such request by Head of State, Donald Ramotar.
Ever since the damning revelations at least one political party has called for Sattaur’s resignation as the head of GRA.
According to some lawyers, the information disclosed by the GRA Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority.
In taking the Oath, Sattaur solemnly declared that he would “truly, faithfully, impartially and honestly execute the powers vested in him.” He also swore not to disclose any tax information concerning any taxpayer.
The ruling People’s Progressive Party, would want to ensure the authenticity of the emails first.
September 26, 2014
Sattaur moves to silence Kaieteur News…sues for $500M
While criminal charges were promised, Commissioner General of the Guyana Revenue Authority (GRA) has filed a lawsuit
against the Kaieteur News, its Publisher Glenn Lall and Editor-in-Chief Adam Harris, seeking in excess of $500M as well as an injunction preventing this publication from repeating a number of allegations against Sattaur.
Sattaur yesterday successfully secured an interim injunction against this publication from Justice Sandra Kurtzious from circulating or causing to be published any libelous statements against him.
In the court documents filed by Sattaur and delivered to Kaieteur News yesterday, Sattaur claims that this publication has libeled him on no less than nine times in recent weeks, dating back as far as August 31.
Sattaur’s writ was filed yesterday by his attorneys R. Satram, CV Satram and Mahendra Satram. Kaieteur News has been ordered to respond within 10 days.
Sattaur who lists his home address as 136 Plantation Goedverwagting, East Coast Demerara, claims that he has a property worth $40M, and is a chartered accountant and member of the Association of Chartered Certified Accountants of England and the Institute of Chartered of Accountants of Guyana.
He said that he is the head of the Guyana Revenue Authority, which is responsible for the collection of an average of $125B in revenues annually.
According to Sattaur in his writ, he caused as Commissioner General of the GRA, an investigation into the importation of two Lexus LX 570 motor vehicles into Guyana by Narootandeo and Gharbassi Brijjnanan under the re-migrants scheme.
He is claiming that the investigating officers of the GRA discovered that the two vehicles were not kept or used by the
re-migrants in breach of the Customs Act and the conditions of the grant of the duty free concession, and were being used by Lall and his wife Bhena.
According to Sattaur, the investigation led to the seizure of the vehicles at the end of August and that this action has been challenged before the Chief Justice (Ag) Ian Chang.
Sattaur is also alleging that following the seizure of the vehicles, Lall called him from an overseas number and threatened to use the Kaieteur News to malign his character and destroy him.
“He accused me of being a thief,” claims Sattaur, who argues further that the telephone conversation had been reported to the Guyana Police Force.
According to Sattaur, following the seizure of the vehicles and alleged threats against him, a campaign was launched against him by the Kaieteur News to defame, malign, degrade and humiliate him in the performance of his duties.
Sattaur cited a number of articles published in Kaieteur News in defence of his claim.
According to Sattaur, “I have been greatly injured and disparaged in my character and reputation and in my position as Commissioner General…I have been lowered in the estimation of right thinking members of society generally and have suffered egregious injury.”
Sattaur claims he is fearful that unless restrained by the Court, Lall and his co-accusers will continue what he calls the malicious and unwarranted attacks on him and his office.
In an application to the court made earlier this month by the Brijnanans, the GRA has since been ordered to show cause why the decision to seize the vehicles should not be quashed on the grounds that the decision was not whimsical, capricious, unreasonable and contrary to the rules of natural justice.
September 26, 2014
Plot to destroy Kaieteur News…Who authorised release of tax information to ‘BJ’? – asks Ramjattan
Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, has corroborated reports in other sections of the media that the entity he heads, intends to file criminal charges against Kaieteur News Publisher, Glenn Lall, his wife, Bhena, family friends, Narootandeo Brijnanan and his wife, Gharbassi along with their son, Navin.
The proposed charges stem from the importation of two Lexus vehicles by the Brijnanans, and used occasionally by Lall and his wife Bhena as part of their security detail.
Sattaur during a telephone interview with this publication, yesterday, said that the matter is currently engaging the attention of his attorney, whose name he refused to divulge.
He has already sued for libel using R. Satram, C.V. Satram and Mahendra Satram.
He has accused Lall of waging a vendetta against him and as such would be taking the matter to the courts.
Attorney General, Anil Nandlall, when contacted yesterday said that it was the GRA that enforces the Customs Act, which he believes is the relevant legislation under which any charges would be filed.
Attorney-at-Law, Khemraj Ramjattan, however is not so confident about Sattaur filing any charges against Lall.
According to Ramjattan – who has already called for Sattaur’s resignation – the Commissioner General may be hesitant to follow through with any such charges.
Ramjattan, who has represented Kaieteur News, said that he did not want to make too many pronouncements at this stage, since no charges have been filed, and as such he is unaware of the specific allegations being made against Lall and others.
He said that what he does know is that should the Commissioner General actually file charges, then he, Sattaur, will be made
to testify.
According to Ramjattan, Sattaur will then be forced to tell the court who authorized the release of the tax information on several privately-owned media houses and who authorized that he share it with ‘BJ.’
He was of course making reference to the former President, Bharrat Jagdeo, and emails purportedly sent by Sattaur to the former President and sitting Attorney General, Anil Nandlall.
According to at least one of Sattaur’s emails published by Kaieteur News, Sattaur informed Nandlall that he had provided the former President with “information which I would expect he treats with the utmost confidentiality.”
This publication on Sunday last, published a redacted email sent from Sattaur to Jagdeo, where he, Sattaur, divulged tax information of several privately-owned media houses.
According to the email, Sattaur informs Nandlall that “since we are in this thing together, I see no harm in sharing this with you. However, further to the assurances you have given me that the Government will be pursuing the newspaper for libel and other offences of a criminal nature, I will await the determination of such action before I provide you with the details on Kaieteur News. Of course I am deeply indebted to the Government for the confidence it places in me to continue to execute my duties as CG.”
Sattaur had sought to defend his actions by saying that while the Income Tax laws make provision for certain tax information
to be treated as confidential, there are several exceptions to this general rule.
Specifically, under S4 of the Income Tax Act, a disclosure to the state is not prohibited, a disclosure for the purposes of the administration of the Act is allowed and a disclosure to any person with the authorization of the president is permitted under the law. These exceptions are further extended by the Revenue Authority Act, Act No. 13 of 1996. Under S23 of this Act disclosure is further allowed in four instances.
Checks with Office of the President revealed that there was no such request by Head of State, Donald Ramotar.
In relation to the proposed charges promised by Sattaur, he had told this publication that he is building a case against the Kaieteur News and its publisher Glenn Lall.
Sattaur said that he is in possession of a recorded conversation between himself and Lall. The contents of the conversation will not be published or shared but rather will be tendered as evidence in the court, he said.
September 28, 2014
GRA boss is in breach of “Oath of Secrecy”…Perhaps worst crime committed in modern Guyana – Nagamootoo
As its call for the resignation of the Commissioner General of the Guyana Revenue Authority (GRA) Khurshid Sattaur
remains firm, Vice Chairman of the Alliance For Change, Moses Nagamootoo, has said that Sattaur’s actions constitute perhaps, the worst crime committed in modern Guyana.
Kaieteur News, on Sunday last, stated that its Publisher, Glenn Lall, is in possession of indisputable evidence of a plot by former President Bharrat Jagdeo and Sattaur, to bring down the newspaper.
That same day Sattaur issued a statement denying the plot and contended that he had a right to share information with the Head of State.
The evidence revealed by Kaieteur News featured emails between Sattaur and Jagdeo which were then shared with the Attorney General, Anil Nandlall.
Sattaur via email sent to Jagdeo and then to Nandlall information on the corporate taxes paid by several media houses.
According to some lawyers, the information disclosed by the GRA Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority.
In taking the Oath, Sattaur solemnly swore that he would “truly, faithfully, impartially and honestly execute the powers vested in him.” He also swore not to disclose any tax information concerning any taxpayer.
In the email written by Sattaur, he asserts that Jagdeo advised him to say that “an impending major audit of the Kaieteur News” was behind the publication’s criticisms of him.
Leader of the AFC, Khemraj Ramjattan, at the party’s press conference held at the Georgetown Club on Friday said that he had indicated that Sattaur’s actions are obviously in breach of certain regulations. It was obviously a breach of his Oath to Secrecy.
“Though we notice that he did come with a legal argument that there are exceptions to the rule, we are still questioning who gave him the authority to go to a private citizen, that being former President Bharrat Jagdeo, to reveal to him the tax information of several media entities.
“We feel that it is such a fundamental error on his part, extraordinarily unethical and highly immoral to go leaking that kind of information to a private citizen,” the attorney at law said.
Ramjattan reiterated that he believes that the tax chief’s actions is a breach of the highest taxpayers officials duties and to that extent, he said it underscores the need for Sattaur to do the just thing and resign.
He went further to state that Sattaur’s actions show the extent whereby GRA can be used as an instrument to terrorise taxpayers whether companies, proprietors of newspapers or otherwise and that it is a “rather brutal and cruel situation.”
“We need to note most importantly that there is no denial on anyone’s part as it relates to the content of the email or whether it belongs to them or not,” Ramjattan asserted.
In further support of his points, Nagamootoo expressed his abhorrence for the manner in which the tax chief sought to use his office.
“Nothing for me is more reprehensible than when one who sits to preside over the integrity of our finances and the confidentiality of information regarding people’s incomes, declarations and properties, would then choose to disclose this.
“For me, this is perhaps the worst crime that could be committed in modern Guyana and to see that the integrity of our institution that deals with finances could allow itself to terrorize people is sickening,” the AFC Vice Chairman said.
He added, “We are now involved in domestic terrorism, terrorism being launched against our own people to make them comply and in the case of Glenn Lall and his press, it would be for them to shut up and the measures being used are to gag it. Honestly speaking, he needs to resign.”
September 29, 2014
Front page comment…The plot to muzzle Kaieteur News
Who is vindictive and who is using information to divert attention from the real issues?
When the Bai Shan Lin issue came up, there were questions over the duty free concessions granted to that company. Sattaur declined to answer, instead, using the confidentiality clause argument which holds GRA to secrecy on taxpayers’ information.
The issue had also come up about his children working there.
To cover up, he went after Glenn Lall, personally, going after two Lexus’ that belonged to two remigrants who happened to be friends of Lall. Glenn Lall had nothing to do with that.
There was silence on the Lexus and Infiniti and other luxury rides granted to Bai Shan Lin.
Who is vindictive when information that should be held in confidence by GRA is leaked to newspapers? This has implications and raises serious questions about what else has been conveniently and maliciously leaked.
There is deafening silence also on questions raised on a Minister and her duty free concessions on a stretch limousine and other concessions that were granted under questionable circumstances to others.
Is this an attempt to stop us in our tracks?
The email between Sattaur, Jagdeo and Nandlall is a crystal clear plot to destroy Kaieteur News.
Kaieteur News is not in the business of creating smoke screens. We are very clear in our mandate in creating a better Guyana by playing our part to reduce corruption and getting value for taxpayers’ money.
It is very clear that the frequent court actions are but a desperate attempt to muzzle Kaieteur News and by extension the independent press in Guyana.
We vow to fight the attempts to shut us up or down and will continue our duties to the people of Guyana. We will not be terrorized.
September 29, 2014
Witch-hunt against KNews…Jagdeo/Sattaur revelations forwarded to diplomatic community
– Parliament should address this as a matter of grave importance –Nigel Hughes
“Now, we have confirmation that the (revenue) department has made itself available to the Government of the day for use against the citizenry, and that is really the most frightening aspect of it…”
-Nigel Hughes
Chairman of the Alliance For Change (AFC), Nigel Hughes believes that the National Assembly should address with urgency the breach of the “Oath of Secrecy” by Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur.
Hughes, at his Party’s most recent press conference, asserted that the e-mails published by the Kaieteur News which showed Sattaur admitting that he sent to the former President, Bharrat Jagdeo, the tax information of several media entities and then forwarded it to Attorney General, Anil Nandlall, in a plot to shut down the newspaper, reflects a most frightening prospect for the citizenry.
The Attorney-at-Law told media operatives that it has always been the suspicion, since independence, that the tax department has been used as an instrument in which citizens have been threatened if they criticize the administration.
“But now, we have confirmation that the department has made itself available to the Government of the day for use against the citizenry and that is really the most frightening aspect of it. I believe because of this magnitude, the Parliament needs to address this as a matter of urgency,” Hughes stated.
He made reference to the powers of the GRA, one being the ability to forfeit one’s assets and the fact it is responsible for taxing the entire Judiciary. In the same breath, he said that if one were to contemplate the powers of the Tax Chief, it certainly underscores the need for the Parliament to address his behaviour in light of the revelations.
Hughes then added that Sattaur’s actions to close down one of the prominent members of the fourth estate; Kaieteur News, in such a manner, is an issue that the Parliament ought to address as a matter of grave importance.
AFC Leader, Khemraj Ramjattan had also said that the e-mails between the parties are a concern to all citizens.
Ramjattan said that he had indicated the party’s desire to share the revelations with the diplomatic community and that process has already been set in motion.
Ramjattan said that his party plans to send the information to organizations such as CARICOM, the United Nations and the Organization of American States. He said that this was being done to externalize the kind of misconduct that is being condoned by “top notch administrators” in Guyana.
The lawyer said that he has sought the guidance of several international personnel on how to strengthen the confidentiality of tax information by tax regulators.
“I got advice from Canada and I am to get information from someone from Great Britain who is an accountant as to what their legislation is on this matter so that we can in future try to lay parent legislation as statute to that effect. But what I think is most important, is the training of the officials to understand that there must be a code of conduct or manual to teach them that they must not behave this way and other officials must not condone it.
“We need a code of conduct so that they can understand that that behaviour will not be tolerated and that there is need for self restraint to be exercised. They need to understand that they are breaching the law on confidentiality and in so doing they can be chaotic in their offices. This is a frightening prospect,” Ramjattan asserted.
October 1, 2014
Plot to destroy Kaieteur News… More damning evidence surfaces from Sattaur
This publication recently made public correspondence between the Commissioner General of the Guyana
Revenue Authority (GRA), Khurshid Sattaur, Attorney General Anil Nandlall and former President Bharrat Jagdeo.
The publication has since seen allegations by Nandlall and Sattaur. In fact, the Commissioner General declined to comment on the e-mail, choosing instead to question the confidentiality of correspondence. On that occasion, the e-mail contained confidential tax information on local media houses and the threat of an impending audit of Kaieteur News by GRA.
Below is another e-mail sent to the Attorney General Anil Nandlall, from Khurshid Sattaur.
From: khurshid sattaur ([email protected])
Sent: MOD 9/15/148:16 AM
To: Nandalall ([email protected])
AG
It is of grave concern to me that the owner of Kaieteur News is engaged in a psychological game of tit for tat as it relates to targeting me every time something very obnoxious bordering onto illegality get leaked on him or that affects his credibility.
This concern stems from the fact that only recently in reply to the GRA upsetting his apple cart in showing what a corrupt and criminal minded individual this invidious character he is, he published information that on closer examination can be considered as libellous. Since he is a dirty person, i am not inclined after this recent episode of slanderous reporting, prepared to expose my character to being sullied by this depraved and mentally sick individual.
I must be given assurances from the government I server that no stones will be left unturned to safeguard my reputation while I pursue these kind of invidious characters. It is instructive to note that the reason why Freddie is now averse to writing trash concerning me is because a multi-million-dollar assessments hang over his head like the sword of demacles.
As the Attorney General of this great land of ours the minimum I would expect from you is legal protection from the courts invoking the laws that protects me against such attacks using his media house, as this individual knows no limits as to what he can put someone through once he targets them. I have a wife and family and as recently demonstrated, in the publication captioned above, not only did the scoundrel obtain accurate information on the purpose of my trip to Trinidad but added, from the figment of his own imagination, sufficient garbage to taint me as a terrorist and a criminal minded individual similar to our attempt to portray him. The difference however between us, is that while I received a National award for outstanding work of an exceptionally high order, this demon only claim to fame is perhaps his notoriety.
I am therefore appealing to you in the interest on preserving my prestige and pristine character to act condignly and swiftly to prosecute this vagrant under the Customs Act and if possible have him jailed as the offence of harassing a GRA officer us a very serious one and has jail term.
I will before the end of the day have a file with the various newspaper clippings attesting to the execution of his threats he conveyed to me through a telephone conversation, on the night of the attempted seizure of his vehicles and for which i filed a police-report on the matter.
I am indeed looking forward to your usual efficient manner in taking action and would be willing to give any further information you may require to have the matter successfully prosecuted.
October 5, 2014
Jagdeo/Sattaur plot unveiled…K/News invited to file report on tax chief – Accounting regulators
Considering the “irrefutable evidence in his possession,” local accounting regulators of the Institute of Chartered Accountants of Guyana (ICAG) are inviting the Publisher of Kaieteur News, Glenn Lall, to lodge a formal complaint against Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, who is a member of that association.
The ICAG said that it stands for transparency and accountability and it takes accusations of breach of professional ethics by its members seriously.
Over the past weeks, Kaieteur News published several email between the former president, Bharrat Jagdeo, and Sattaur which exposed their apparent plot to “close down” the Kaieteur Newspaper.
The ICAG is the body responsible for the regulation of the accounting profession in Guyana under the Institute of Chartered Accountants of Guyana Act 1991. It is a public interest body whose objectives include the promotion and increase of the proficiency of its members and regulation of the conduct of its members.
The ICAG is a member of the Institute of Chartered Accountants of the Caribbean (ICAC), the regional, while monitoring is conducted by the ACCA.
Council members of the ICAG said that the Kaieteur News or any member of the public, for that matter, is free to file a complaint against any of its members believed to be unjust in their profession.
The members explained that every affiliate of the Institute is required to respect the confidentiality of information acquired.
Kaieteur News was informed that once the report is made to the Institute, an investigation would be launched for the gathering of the necessary evidence. Once that aspect is completed, the relevant disciplinary action would be taken.
“While the council has taken note of the email published by the Kaieteur News, it is not protocol for us to just start an investigation on one of our members without a basis.
“The most suitable basis for us is an official complaint and Kaieteur News is free to do that. It is not normal for the institute to go after its members and there has never been something like this before on Sattaur and we would invite Mr. Lall to make a report and bring the evidence he has.
“With his evidence, the investigations would certainly go smoother,” one member of the Institute said.
The ICAG associate said, “It is rare that we have got complaints or reports about the political figures attached to our organization. But I think it should be made clear that we operate with integrity and we are for transparency. “The international body which would monitor and check on us from time to time is the ACCA. So have no fear about the assessments that will be done for they help in ensuring impartiality is maintained. If a report is made, it is always taken seriously.”
On the ACCA website, it said that members of the ACCA are required to observe proper standards of professional conduct. It said that the ACCA will take disciplinary action against its members, firms and registered students where there is evidence of a sufficiently serious failure to observe those standards.
It was also stated that once ACCA receives a complaint, it may decide to proceed with its investigation, despite a later request by the complainant for it to be withdrawn.
If a complaint results in a Disciplinary Committee hearing, the accuser may be required to give evidence. These hearings are generally conducted in public, meaning that anyone may attend, including you, the member and the press.
Sattaur had sent the former president the tax information of several entities. This information was then forwarded to Attorney General, Anil Nandlall.
Many have said that it is without a doubt, an undeniable breach of the Oath of Secrecy that was taken by the Chartered Accountant. Calls have been unending for Sattaur’s immediate resignation.
In light of the publications of the email, comments from political figures, accountants, lawyers and even the ordinary man have followed, particularly on how the Parliament and even institutions to which the tax chief is attached should deal with him.
Earlier this week, for example, letter writers explained that the GRA, like any other tax authority, is legally obligated to protect confidential tax information of others.
As Kaieteur News continues to expose the interactions between Sattaur and Jagdeo, the letter writers said that it would appear that the GRA is leaking protected information.
They reminded that this is a dangerous development, and as Moses Nagamootoo, the Vice Chairman of the Alliance For Change (AFC) highlighted, “possibly the worst crime in modern Guyana”.
They opined that as a member of the Association of Chartered Certified Accountants (ACCA), Mr. Sattaur ought to know he is duty bound professionally to “respect the confidentiality of information acquired as a result of professional relationships and shall not disclose such information to third parties without proper legal authority (such an order of the court)”.
“It is just professionally incompetent and reckless to provide a private citizen in the person of Jagdeo with confidential tax information on other parties, especially those for whom he has a dislike,” one accountant said.
“How can we be sure now that bandits in Guyana are now not in receipt of the taxable income of the citizens from agents in the GRA which then forms the database of who to attack for robbery and who not to attack?”
They are of the belief that the integrity of the GRA is now under question, since its leader has been less than straightforward and “appears to be extremely dishonest in his dealings with the public”.
The general view is that Sattaur should step down from office and allow his deputy to conduct the affairs of the GRA until he can be fully investigated in light of strong allegations of conflict of interest and improper professional behaviour.
October 5, 2014
Joint Opposition stands firm with Kaieteur News against Sattaur’s “devious” attacks
“We want to put the government and Sattaur on notice that we will not sit idly by and watch them violate the rights of citizens”- Harmon
In the face of what he described as former president Bharrat Jagdeo and tax chief, Khurshid Sattaur’s “devious”
attacks to destroy Kaieteur News, General Secretary of A Partnership for National Unity (APNU), Joseph Harmon, has said that the newspaper will have his coalition’s “unwavering support in the fight for democracy against the powers that may be”.
The Alliance For Change (AFC) yesterday also issued a statement in which it expressed dissatisfaction over the dilemma.
Over the past weeks, several email between Jagdeo and Sattaur which exposed their apparent plot to “close down” the newspaper hit the news pages. Sattaur had sent the former president the tax information of several news entities. This information was then forwarded to Attorney General, Anil Nandlall.
Many have said that it is, without a doubt, an undeniable breach of the Oath of Secrecy that was taken by the Chartered Accountant. Calls since the revelations by this newspaper have been unending for Sattaur’s immediate resignation.
In light of the publications of the damning evidence, comments from political figures, accountants, lawyers and even the ordinary man have followed, particularly on how the Parliament and even institutions to which the tax chief is attached should deal with him.
Harmon said yesterday that his coalition considers Sattaur’s actions to be a most “sickening and frightening prospect for the people of Guyana”.
“The APNU views Sattaur’s behaviour as not only an attack on the Kaieteur News but a clear disrespect and disregard for the Constitutional rights of citizens to access information. We will stand firm by the Kaieteur News.
“We want to put the government and Sattaur on notice that we will not sit idly by and watch them violate the rights of citizens. The government’s inaction in light of Sattaur’s behaviour reflects full support of such scales of lawlessness by public officials,” The APNU executive member expressed.
Harmon stated that Sattaur’s actions clearly leave the natýon’s tax information open for “abuse at any time”.
The APNU parliamentarian said, too, that once the Customs and Excise Tax Department in any country is breached, its trade and commerce, the heart beat of its economic life, is in jeopardy.
AFC, at a meeting yesterday to plan for General Elections next year, also addressed the situation regarding Kaieteur News.
The party said, “The meeting also expressed solidarity with Kaieteur News which is being subjected to attempts to muzzle it as a member of the free press.”
Chairman of the Alliance For Change (AFC), Nigel Hughes, recently stated that he believes that the National Assembly should address with urgency the breach of the “Oath of Secrecy” by the Commissioner General.
It has always been the suspicion, since independence, that the tax department has been used as an instrument in which citizens have been threatened if they criticize the administration, he said.
“But now, we have confirmation that the department has made itself available to the Government of the day for use against the citizenry and that is really the most frightening aspect of it. I believe because of this magnitude, the Parliament needs to address this as a matter of urgency,” Hughes stated.
He made reference to the powers of the GRA, one being the ability to forfeit one’s assets and the fact it is responsible for taxing the entire Judiciary. He said that if one were to contemplate the powers of the Tax Chief, it certainly underscores the need for the Parliament to address his behaviour in light of the revelations.
Hughes then added that Sattaur’s actions to close down one of the prominent members of the fourth estate, Kaieteur News, in such a manner is an issue that the Parliament ought to address as a matter of grave importance.
AFC Leader, Khemraj Ramjattan had also said that the party has already begun sharing its views with the diplomatic community.
Ramjattan had said that his party plans to send the information to organizations such as CARICOM, the United Nations and the Organization of American States.
He said that this was being done to externalize the kind of misconduct that is being condoned by “top notch administrators” in Guyana.
October 5, 2014
Sattaur flip flops on authenticity of e-mail to Jagdeo, Nandlall
…conspiracy against KNews require aggressive condemnation – Nagamootoo
Recent revelations by the Commissioner General, of the Guyana Revenue Authority, Khurshid Sattaur, have heightened calls for him to resign immediately.
Alliance for Change (AFC) Vice Chairman, Moses Nagamootoo, recently called the disclosure of tax information to a private citizen the worst crime committed in modern Guyana.
This publication recently published the contents of an e-mail sent to former President, Bharrat Jagdeo, from Sattaur. In the mail Sattaur provided confidential tax information on a number of local daily newspapers.
Another mail sent to Attorney General, Anil Nandlall, was also published. In it the two discussed their plot to silence the Kaieteur News and jail its Publisher, Glenn Lall.
Several charges have since been filed against Lall, his wife Bhena and two family friends over what the tax boss calls collusion to evade taxes as well as false declarations.
But Sattaur’s statements over the past week have been contradictory at best. Sattaur initially told this publication he will not comment on the emails. Then in other sections of the media he claimed that the mails published were all fabrications.
But he changed his tune within hours and he is now calling on police to investigate how Kaieteur News came to be in possession of the mails, which he described as confidential.
According to an article published elsewhere, Sattaur is reported as saying that his staffers have been compromised and he points to what he has called the recent disclosures of confidential information.
The Commissioner General is also quoted as saying that Lall was able to obtain confidential information on Sataur’s overseas
travel plans, the purpose of his visit overseas and information on an initial analysis of the income of media houses to inform the need for an audit.
Sattaur is also quoted as saying that subsequent to the ‘unlawful disclosures of information, obtained by illegal and illicit means’, he has since taken numerous steps to buttress its Information Technology Security Infrastructure, internal access to, and transmission of sensitive taxpayer information, in addition to launching an intensive investigation into the source of these leaks and other illegal and illicit activities.
Nagamootoo was adamant that Sattaur has not denied that the emails linking him to a plot to destroy Kaieteur News are fakes.
He has raised an issue that should be of concern to the citizens, that is, whether his confidential communication has been hacked.
“If he is worried by this, as he should be, why does he feel that leaking confidential information of taxpayers to Bharrat Jagdeo or any other private citizens not authorised to receive such information, should be excused? The conspiracy against KN requires aggressive exposure and condemnation!”
October 7, 2014
APNU to bring ‘malfeasance in office’ charge against Sattaur –Harmon
– “His actions clearly leave the nation’s tax information open for “abuse at any time”
After careful analysis of the recent “devious attacks” by the country’s tax chief, Khurshid Sattaur, and former president
Bharrat Jagdeo, to destroy the Kaieteur News, General Secretary of A Partnership for National Unity (APNU), Joseph Harmon deduced that it is clear that “Sattaur thinks he is in the Wild, Wild West and his office is his ammunition.”
He is also of the belief that the tax chief’s actions amount to terrorism and that “he has inflicted diseases on the GRA, those being—disregard for professional ethics, disregard for the rights of citizens to confidentiality, disregard for integrity that his office should have, and most of all a blatant disrespect to the fourth estate’s right to freedom of speech and the country’s right to democracy. They are now spreading to the other ministries.”
The lawyer said that as someone who stands firm for transparency and accountability, he is left with no choice but to put the necessary steps in place to bring a “malfeasance in office” charge against the Commissioner General of the Guyana Revenue Authority (GRA).
Over the past weeks, several email between Jagdeo and Sattaur which exposed their apparent plot to “close down” the newspaper, hit the news pages. Sattaur had sent the former president the tax information of several news entities. This information was then forwarded to Attorney General, Anil Nandlall.
Many have said that it is, without a doubt, an undeniable breach of the Oath of Secrecy that was taken by the Chartered Accountant. Since the revelations by this newspaper, calls have been unending for Sattaur’s immediate resignation.
In light of the publications of the damning evidence, comments from political figures, accountants, lawyers and even the ordinary man have followed, particularly on how the Parliament and even institutions to which the tax chief is attached, should deal with him.
Harmon said, yesterday, that Sattaur, as the guardian of the country’s tax information, and as a Chartered Accountant,
ought to know that such behaviour would be highly intolerable. He said, too, that his coalition considers Sattaur’s actions to be a most “sickening and frightening prospect for the people of Guyana”.
The APNU General Secretary said that it is imperative that the charge be brought against Sattaur so that anyone who is to take Sattaur’s position would know that it is not an untouchable office and that once certain offences are committed, the office holder would be answerable to the court.
“What kind of example is Sattaur really setting for those to follow? He may not be aware of it now but it is unfortunate that he is leaving a stench and a stain on the integrity and credibility of his office that will not be gotten rid of by his resignation.
“The fear Sattaur has put into the people of this country must be eradicated. The right and just way is by passing him through the court and I am getting the necessary work done for the right charges to be brought against him. I am a far way with it and I am not just making a call for him to resign. He has to pass through the court,” Harmon said.
Harmon explained that malfeasance in office is when an officer commits a particular act, in Sattaur’s case, through malice, knowing that he has no legal right to do that. The APNU parliamentarian said that Sattaur’s actions reflect an abuse of power.
Harmon has said that the newspaper will have his coalition’s “unwavering support in the fight for democracy against the powers that may be”.
“APNU views Sattaur’s behaviour as not only an attack on the Kaieteur News but a clear disrespect and disregard for the Constitutional rights of citizens to access information. We will stand firm by Kaieteur News.
“We want to put the government and Sattaur on notice that we will not sit idly by and watch them violate the rights of
citizens. The government’s inaction in light of Sattaur’s behaviour reflects full support of such scales of lawlessness by public officials,” the APNU executive said.
Harmon said that Sattaur’s actions clearly leave the nation’s tax information open for “abuse at any time”.
The Alliance For Change (AFC) also issued a statement in which it expressed dissatisfaction over the dilemma.
AFC, at a recent meeting to plan for General Elections next year, addressed the Kaieteur News situation.
“The meeting also expressed solidarity with Kaieteur News which is being subjected to attempts to muzzle it as a member of the free press.”
Chairman of the Alliance For Change (AFC), Nigel Hughes, recently stated that he believes that the National Assembly should address with urgency the breach of the “Oath of Secrecy” by the Commissioner General.
It has always been the suspicion, since independence, that the tax department has been used as an instrument in which citizens have been threatened if they criticize the administration, he said.
“But now, we have confirmation that the department has made itself available to the Government of the day for use against the citizenry and that is really the most frightening aspect of it. I believe because of this magnitude, the Parliament needs to address this as a matter of urgency,” Hughes stated.
Hughes added that Sattaur’s actions to close down one of the prominent members of the fourth estate, Kaieteur News, in such a manner is an issue that the Parliament ought to address as a matter of grave importance.
AFC Leader, Khemraj Ramjattan, had also said that the party has already begun sharing its views on the matter with the diplomatic community.
Ramjattan had said that his party plans to send the information to organizations such as CARICOM, the United Nations and the Organization of American States.
He said that this was being done to externalize the kind of misconduct that is being condoned by “top notch administrators” in Guyana.
October 8, 2014
GRA leak of sensitive tax information…KN Publisher files official complaint to highest accounting body
Publisher of Kaieteur News, Glenn Lall, filed an official complaint, yesterday, with the country’s highest accountancy
body, Institute of Chartered Accountants of Guyana (ICAG), against the head of the Guyana Revenue Authority (GRA), Khurshid Sattaur.
The official complaint, which was prompted by the illegal release of tax information, said that Commissioner-General Khurshid Sattaur is guilty of misconduct in office by his acts.
This newspaper, in recent weeks, published details which revealed a shocking plot by top Government officials, in collaboration with Sattaur, to go after a number of private newspapers and news entities that have been highly critical of projects and the way taxpayers’ dollars are being spent.
Kaieteur News has been at the brunt of the offence by Government which has been under increasing criticisms for a number of questionable contracts and deals with investors.
By law, GRA is bound to keep secret tax and other financial information filed by taxpayers.
Emails were sent by Sattaur to Attorney General and Minister of Legal Affairs, Anil Nandlall, and to former President Bharrat Jagdeo. However, the tax information was only released to Jagdeo, according to evidence revealed to Kaieteur News.
The tax information on Kaieteur News was not included, but Sattaur spoke of intentions to release these once a number of safeguards are in place.
There has been widespread condemnation after those revelations of the tax leaks, with questions asked about which other businesses may have suffered.
According to the letter sent yesterday to the ICAG, Lall said that Sattaur, as a Chartered Accountant, was in breach of a statutory Declaration of Secrecy and of the law when he provided information concerning the tax affairs of several newspaper publishing companies to the former President.
The complaint also included the copies of emails from Sattaur to Jagdeo and the Attorney General.
“While only of tangential importance, the emails demonstrate that Mr. Sattaur, who is the Commissioner-General of the Guyana Revenue Authority, is using his position in an improper manner amounting to professional misconduct,” the complaint by Lall said.
“In view of the seriousness of this matter and the impact it has on the reputation of the accountancy profession for probity, integrity and professionalism, I would welcome prompt action to address my complaint.”
ICAG recently said that it stands for transparency and accountability, and that it takes accusations of breach of professional ethics by its members seriously.
ICAG is the body responsible for the regulation of the accounting profession in Guyana under the Institute of Chartered Accountants of Guyana Act 1991.
It is a public interest body whose objectives include the promotion and increase of the proficiency of its members and regulation of the conduct of its members.
The ICAG is a member of the Institute of Chartered Accountants of the Caribbean (ICAC), the regional body. Monitoring is conducted by the ACCA.
Council members of the ICAG said that the Kaieteur News or any member of the public, for that matter, is free to file a complaint against any of its members believed to be unjust in their profession.
The members explained that every affiliate of the Institute is required to respect the confidentiality of information acquired.
Kaieteur News was informed that once the report is made to the Institute, an investigation would be launched for the gathering of the necessary evidence. Once that aspect is completed, the relevant disciplinary action would be taken.
“While the council has taken note of the email published by the Kaieteur News, it is not protocol for us to just start an investigation on one of our members without a basis.
“The most suitable basis for us is an official complaint and Kaieteur News is free to do that. It is not normal for the institute to go after its members, and there has never been something like this before on Sattaur. We would invite Mr. Lall to make a report and bring the evidence he has,” a member had disclosed.
On the website of the Association of Chartered Certified Accountants (ACCA), of which Sattaur is a member, it said that members are required to observe proper standards of professional conduct. ACCA will take disciplinary action against its members, firms and registered students where there is evidence of a sufficiently serious failure to observe those standards.
It was also stated that once ACCA receives a complaint, it may decide to proceed with its investigation, despite a later request by the complainant for it to be withdrawn.
A senior Opposition Parliamentarian, Joseph Harmon, has since vowed to file charges against Sattaur, making it clear that the people have lost confidence in him.
October 8, 2014
Govt’s silence on Sattaur’s behaviour reflects its acceptance of lawlessness – Harmon
“When a government continues to be silent after seeing its public officials display unimaginable scales of lawlessness
and corruption, it only signals strong support for that kind of behaviour and inevitably, sends a distasteful message to the nation. If government cannot keep its own officials in line and prevent excessive abuses against members of the Fourth Estate who are the eyes and ears of the people, then how do you expect citizens to believe that you have its best interest at heart?”
This was the assertion of General Secretary of the A Partnership for National Unity (APNU), Joseph Harmon, in light of damning evidence which reveals a plot between former president Bharrat Jagdeo and Commissioner General, Khurshid Sattaur to shut down the Kaieteur News.
Harmon stated that it is imperative for citizens to understand what is taking place before them.
“I want to appeal to citizens to understand the political gamesmanship that is taking place. The government can only be seen as condoning the actions of Sattaur, for they have been nothing but silent on this front. They have not denied the content of the email published by Kaieteur News. Because he has caught them with their pants down, they will now try to damage the character of the publisher of the newspaper, Glenn Lall, because he is standing firm for democracy and transparency.
“We cannot let him stand alone in this. We have to let the government know that the people of this nation are sick of their torture and terrorism games by any of its arms. How many times have we spoken about just talking and not putting force behind what we say? This is one of the perfect opportunities for the people to show this government that they want a change in the scope of things. I want to urge citizens to stand up against the abuse of office by such public officials,” Harmon emphasised.
The APNU MP said that he knows that government is running scared, because the Opposition is standing up for “a man who believes in democracy”.
“The next thing that they will do is bring out a set of distasteful concoctions to fool the people into thinking that this man is not standing for principle. They will try to get the public to not support Mr. Lall so that he can feel alone in this matter and the PPP strikes hardest when they think they have isolated you. This government has no control over how far it will go to muzzle a man who will stand against them, who will challenge them. They are scared of fearless people,” Harmon concluded.
October 12, 2014
Plot to silence K/News moves beyond mere emails… Sattaur bypasses Govt, seeks info from InterPol, US Embassy
Amidst a systematic wave of attacks against the Kaieteur News by Government, evidence has surfaced that Head of
the Guyana Revenue Authority (GRA), Khurshid Sattaur, has been making other moves on his own.
He attempted to solicit information from International Police (InterPol) and the US Embassy in Georgetown.
However, both the Embassy and Interpol last month rebuffed Sattaur’s attempts for information. From the US Embassy he sought personal information on two remigrants who are United States citizens.
The embassy immediately wrote to the Ministry of Foreign Affairs citing procedural breaches and advised the Ministry to restrain Sattaur.
The Embassy in a reply which was addressed to the Ministry of Foreign Affairs last month, said that it could not accommodate the request, explaining that it must be forwarded through the “correct channels”.
The Ministry of Foreign Affairs seemed to have been caught unaware of Sattaur’s request for information, and called on the GRA boss to follow the correct procedures in the future.
The Foreign Ministry in turn wrote the GRA Commissioner General asking him to forward such request through the Ministry, providing details of what he wants and the actions he is seeking.
Sattaur did not stop at the United States embassy.
He wanted to trace phone calls which he said were made to him by Glenn Lall from the United States of America.
Sattaur alleged that during the telephone calls, Lall threatened him.
For the telephone call information, Sattaur wrote InterPol, Washington DC. He wanted a record of calls made to his phone
and the owner of the telephone number.
However, that international security organization in its response made it clear that it is barred from releasing the information.
“Our apologies, but the US authorities are prohibited from obtaining subscriber information from US-based communications companies without the issuance of a subpoena, court order, and/or search warrant.
“This means that in order for your judicial authorities to obtain the requested subscriber information, a mutual legal assistance treaty (MLAT) request, or ILOR must be forwarded through the US Department of Justice Office of International Affairs.”
InterPol said that as far as the request was concerned, the matter was closed.
Sattaur’s move to the international bodies was sparked by emails between himself, former President Bharrat Jagdeo and Attorney General Anil Nandlall.
The emails which were published by this newspaper, revealed a secret plot to use state audits as one of the ways to stop media reporting on a number of highly corrupt and issues embarrassing to the GRA and its Commissioner General.
The emails include confidential tax information sent to Jagdeo and a copy, minus the tax information on Kaieteur News, to Nandlall.
The exchanges also spoke of how successful the threats of audit had been on several critics of the government, including Freddie Kissoon, a popular columnist for the Kaieteur News.
Kissoon received up to nine assessments at one time, a move Sattaur said in the emails was a like a sword of Damocles hanging over the columnist’s head.
In recent weeks, Sattaur using his powers as Commissioner-General, launched an attack against the paper, the largest
selling daily, after investigative reports revealed that he had employed several of his children and other relatives at that agency, placing them in key and sensitive positions.
As part of the plot, the GRA has filed trumped up criminal charges against the publisher, his wife and the two remigrants.
The tax chief and his superiors in Government were further angered when the newspaper questioned the granting of duty free concessions to the controversial Chinese company Bai Shan Lin.
Sattaur had commenced his campaign against the newspaper when he ordered his staff to seize two Lexus SUVs belonging to a re-migrant couple in late August. Those vehicles were used from time to time by Publisher of Kaieteur News, Glenn Lall, and his businesswoman wife, Bhena. The remigrant couple has been close family friends of the Lalls for decades.
The Lalls along with the remigrants were, however, charged with tax evasion and other Customs breaches.
The Lalls are to appear in a city Magistrate’s court tomorrow for those private criminal charges filed by Sattaur.
The actions of the GRA, with Sattaur at its helm, have caused great worry among several sections of the society, especially the Opposition.
Joe Harmon, of A Partnership for National Unity (APNU), has already announced plans to file charges against the Sattaur for breaking the laws when he released highly confidential tax information to the former President who is now a private citizen.
Leader of the Alliance For Change, Khemraj Ramjattan, has called for Sattaur to be removed and for an independent
investigation to be launched into those tax leaks.
Kaieteur News itself has filed complaints to the local accounting body against Sattaur for breaching the oath of secrecy he swore to when he was appointed.
Complaints have also been made to the local, regional and international media watchdog bodies.
The administration has been largely silent on the abuse of GRA powers, only questioning how Kaieteur News was able to acquire the emails.
October 14, 2014
KN Publisher, wife released on self-bail
– after GRA alleges tax evasion charges on Lexus vehicles
Yesterday, Kaieteur News Publisher, Glenn Lall, and his businesswoman wife, Bhena Lall, appeared before Chief Magistrate Priya Beharry, and were released on self bail.
The Lalls were jointly charged with conspiring to evade taxes on two vehicles imported by two remigrants. The couple was also charged with attempting to defraud the GRA of revenue.
Publisher Glenn Lall, and his wife, Bhena, denied all the charges read to them in the court.
The court appearance came less than a month after a series of shocking emails between the Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, the Attorney General Anil Nandlall and former President, Bharrat Jagdeo, which spoke of a plot to silence Kaieteur News.
It was a packed courtroom that heard Chief Magistrate, Priya Beharry as she read the charges yesterday.
The court corridor, stairs, passageway and yard were filled with scores of persons who had turned out in solidarity with the Kaieteur News Publisher.
Vendors, lawyers, staffers of Kaieteur News and every other media house in the city were in the courtroom.
Outside there were dozens of others who had turned up in support of the Publisher and his wife. The couple was greeted with loud cheers when they emerged from the City Magistrates’ Court, after signing the bail documents.
The Lalls are being represented by a battery of high profile lawyers led by Senior Counsel, Rex McKay, Attorneys-at-Law, Khemraj Ramjattan, Nigel Hughes, Joseph Harmon, Robin Hunte, Brenda Glasford, Bettina Glasford and Christopher Ram.
Appearing for GRA were Attorneys-at-Law Sandil Kissoon and Mahendra Satram.
It was alleged that the Lalls, between June 18 and September 30, 2013, knowingly dealt with goods with the intention to defraud GRA.
It was further alleged, that the Lalls aided and abetted the evasion of duty on the two Lexus vehicles between June 18 and September 21, 2013. To all the charges they both pleaded not guilty.
Kissoon, representing GRA, told the court that two summonses could not be served on remigrant couple, Narootandeo and Gharbassi Brijnanan, since they were out of the jurisdiction. The couple has also been named in the private criminal charges drawn up by GRA.
According to Kissoon, the summonses would be served on the couple upon their return to Guyana in two weeks.
Ramjattan, who said that McKay, the lead counsel for the Lalls, could not make it for the hearing, appealed for self-bail, stressing that his clients were well-known with substantial assets in Guyana.
Kissoon did not object to bail and the Magistrate allowed the application.
Asked afterwards if he feels that there is sufficient evidence for a successful prosecution, Kissoon, the GRA lawyer, said that determination will be made by the court in due time.
“Our duty at this stage is to present all the evidence that is available, to the court, and the court will make a finding based upon the charges which have been filed against the defendants….
“Confidence is not a factor in these matters. Our job, like I’ve said, is to present the evidence that we have in our possession,” Kissoon told this newspaper.
Cheers broke out when Lall walked out the court with his wife by his side, arm-in-arm for the most part.
Also, there were Mark Benschop and trade unionist, Lincoln Lewis.
As the couple made their way out of the court compound, scores in the yard and by the court gates greeted the Publisher and his wife with a resounding round of applause. There were chants for the GRA’s boss to resign.
After interacting with the crowd, Lall walked to Kaieteur News office on Saffon Street, followed by a crowd.
As they made their way along Avenue of the Republic, the crowd was heard chanting “We want justice, Sattaur must go!”
Lall and his wife were charged several weeks after Kaieteur News published reports questioning the appropriateness of Sattaur’s three children and relatives being employed at GRA, a state-owned tax collection agency where sensitive information are stored.
Another report that Chinese investment company, Bai Shan Lin was granted luxury vehicles to conduct logging activities had also angered Sattaur.
GRA had refused to comment on the concessions citing confidentiality clauses regarding taxpayers.
In late August, GRA descended on the Continental Park residence of the Brijnanans, close family friends of the Lalls for over two decades, and officers moved to seize two Lexus.
The vehicles were brought in by the Brijnanans last year after their application for remigrant status was approved by the Ministry of Foreign Affairs on July 3, 2013, and tax exemptions granted by GRA a few days later.
As part of their security, the Lalls had been using the vehicles belonging to the couple from time to time, including those two Lexus belonging to the Brijnanans.
The vehicles were at the home of the remigrants when they were taken to the GRA bond in Eccles, in late August.
Last month, a series of emails between Sattaur, the former President and the AG were published by Kaieteur News which detailed a plot to use audits to target Kaieteur News and other media critical of the Government.
Evidence has also emerged that Sattaur even approached the US Embassy and Interpol for information on the remigrants and Lall, without the knowledge of even the administration.
October 22, 2014
Accounting body launches probe against GRA’s Chief over tax info leaks
A local accounting body that has powers to censure its members has activated systems to investigate complaints
against head of the Guyana Revenue Authority (GRA), Khurshid Sattaur.
The Commissioner-General is accused of abusing his office and breaching secrecy regulations by leaking confidential information on a taxpayer.
In this case, the taxpayer is the National Media and Publishing Company, which publishes Kaieteur News.
Earlier this month, the newspaper’s Publisher, Glenn Lall, filed an official complaint with the Institute of Chartered Accountants of Guyana (ICAG).
Any negative findings against the embattled head by the body will definitely have a long-term impact on his professional standing and credibility within the accounting community.
ICAG, in a reply to the complaint yesterday sent to the newspaper, and addressed to Lall, said that it has received the formal complaint, based on a letter dated October 7th. The body disclosed that indeed, the Commissioner-General is one of its members.
“The Council of the Institute considered the contents of your letter and the associated attachment at its meeting of 14th October 2014. It has been agreed that the matter will be referred to the Investigations Committee of the Institute in accordance with our bye-laws (sic).”
According to ICAG, the Investigations Committee will be communicating with the Publisher on the matter and subsequently on the status and conclusion.
ICAG is a public interest body whose objects include the promotion and increase of the proficiency of its members and students, regulation of the conduct of its members and students and promotion of the accountancy profession.
It is not often that one hears about a complaint against a member of the accounting profession. This one has significance
because it involves the head of the country’s tax collection agency.
The official complaint, which was prompted by the illegal release of confidential tax information, said that Sattaur is guilty of misconduct in office by his acts.
Lall said that Sattaur, as a Chartered Accountant, was in breach of a statutory Declaration of Secrecy, and of the law, when he provided information concerning the tax affairs of several newspaper publishing companies to former President, Bharrat Jagdeo, in September.
The Publisher, in his complaint to ICAG, also included copies of leaked emails that Sattaur had exchanged with Jagdeo and Attorney General, Anil Nandlall.
“While only of tangential importance, the emails demonstrate that Mr. Sattaur, who is the Commissioner-General of the Guyana Revenue Authority, is using his position in an improper manner amounting to professional misconduct,” the complaint by Lall indicated.
“In view of the seriousness of this matter and the impact it has on the reputation of the accountancy profession for probity, integrity and professionalism, I would welcome prompt action to address my complaint.”
Those emails, published over recent weeks by this newspaper, revealed a shocking plot by top Government officials, in collaboration with Sattaur, to go after a number of private newspapers and news entities that have been highly critical of projects and the way taxpayers’ dollars are being spent.
Kaieteur News has been at the brunt of the offence by Government which has been under increasing criticisms for a
number of questionable contracts and deals with investors.
By law, GRA is bound to keep secret, tax and other financial information filed by taxpayers.
There has been widespread condemnation after those revelations of the tax leaks, with questions asked about which other businesses may have suffered.
Sattaur had become angry after the newspaper published a report which questioned the appropriateness of his three children and other relatives working under him in key positions at that state agency. He admitted in those emails sent September that he had used the threat of tax audits to successfully silence Frederick Kissoon, a popular, long-standing columnist in Kaieteur News.
GRA had also reportedly leaked sensitive tax information regarding Kaieteur News to the Guyana Chronicle, the state-owned newspaper, which was also used in a systematic attack on Kaieteur News.
A complaint against Sattaur has also been filed with international press bodies.
The Opposition has signaled intentions to have Sattaur investigated by Parliament for those tax leaks to the former President. There have also been several calls for him to resign.
Earlier this month, GRA, led by Sattaur, filed private criminal charges against Lall and his wife after seizing two SUVs belonging to a remigrant couple who are family friends of the Publisher.
GRA contends that the Lalls are the real owner. However, the Publisher made it clear that he and his wife would normally use the vehicles as part of a fleet, in face of security concerns.
The charges, and an increasing number of lawsuits as well as the emails, are strong evidence of Government backing a plan to silence an outspoken newspaper, Lall said.
October 23, 2014
Sattaur faces lifetime ban if found guilty
…ACCA could withdraw its Intl. certification -Accountant
If found guilty in local court of law of any kind of criminal wrong doing or fraud, Commissioner General of the Guyana
Revenue Authority, Khurshid Sattaur, faces possible lifetime blacklisting by the international Association of Chartered Certified Accountants (ACCA).
This is according to a prominent local Accountant, who speaking on the condition of anonymity, explained that following the launch of an investigation into Sattaur’s action by the Institute of Chartered Accountants of Guyana (ICAG), a report will be filed with ACCA.
It was noted that the ACCA will act based on the results of the ICAG findings but will also be looking to see the outcome of any court proceedings involving Sattaur, or whether any private civil action would be taken against him.
It was explained that if it is found that the Commissioner General did in fact breach the Oath of Office he swore to as it relates to the confidentiality of tax information, then the ACCA would be able to act and levy sanctions.
The Commissioner-General is accused of abusing his office and breaching secrecy regulations by leaking confidential information on a taxpayer.
Earlier this month, Publisher of Kaieteur News, Glenn Lall, filed an official complaint with ICAG, and the accounting body has since launched an investigation.
ICAG, in a reply to Lall this past week, said that it has received the formal complaint, based on a letter dated October 7th.
“The Council of the Institute considered the contents of your letter and the associated attachment at its meeting of 14th October 2014. It has been agreed that the matter will be referred to the Investigations Committee of the Institute in accordance with our by-laws (sic).”
According to ICAG, the Investigations Committee will be communicating with the Publisher on the matter and
subsequently on the status and conclusion.
ICAG is a public interest body whose objectives include the promotion and increase of the proficiency of its members and students, regulation of the conduct of its members and students and promotion of the accountancy profession.
Lall in his complaint to the local accounting body, included copies of leaked emails that Sattaur had exchanged with former President Bharrat Jagdeo and Attorney General, Anil Nandlall.
“While only of tangential importance, the emails demonstrate that Mr. Sattaur, who is the Commissioner-General of the Guyana Revenue Authority, is using his position in an improper manner amounting to professional misconduct,” the complaint by Lall indicated.
“In view of the seriousness of this matter and the impact it has on the reputation of the accountancy profession for probity, integrity and professionalism, I would welcome prompt action to address my complaint.”
Those emails, published over recent weeks by this newspaper, revealed a shocking plot by top Government officials, in collaboration with Sattaur, to go after a number of private newspapers and news entities that have been highly critical of projects, and the way taxpayers’ dollars are being spent.
Kaieteur News has been at the brunt of the offence by Government which has been under increasing criticisms for a number of questionable contracts and deals with investors.
By law, GRA is bound to keep secret, tax and other financial information filed by taxpayers.
There has been widespread condemnation after those revelations of the tax leaks, with questions asked about which other businesses may have suffered.
Sattaur had become angry after the newspaper published a report which questioned the appropriateness of his three children and other relatives working under him in key positions at that state agency. He admitted in those emails sent September, that he had used the threat of tax audits to successfully silence Frederick Kissoon, a popular, long-standing columnist in Kaieteur News.
GRA had also reportedly leaked sensitive tax information regarding Kaieteur News to the Guyana Chronicle, the state-owned newspaper, which was also used in a systematic attack on Kaieteur News.
Sattaur, by way of email, had also leaked the sensitive tax information on Kaieteur News and Stabroek News among other media houses to the Former President Bharrat Jagdeo.
Earlier this month, GRA, led by Sattaur, filed private criminal charges against Lall and his wife after seizing two SUVs belonging to a remigrant couple who are family friends of the publisher.
GRA contends that the Lalls are the real owner. However, the publisher made it clear that he and his wife would normally use the vehicles as part of a fleet, in face of security concerns.
The charges, and an increasing number of lawsuits as well as the emails, are strong evidence of Government backing a plan to silence an outspoken newspaper, Lall said.
October 26, 2014
Sattaur angry over ICAG, ACCA probe against him
Commissioner-General Khurshid Sattaur, is extremely disturbed over being questioned by the governing bodies for accountants in Guyana.
He is accusing the bodies of a very high level of collusion between members of the Council sub-committee who serve as disciplinary committee members of the local accountancy body and Glenn Lall, owner of the Kaieteur News.
A letter was issued to the Commissioner-General dated October 24, 2014 and signed by Ramesh Persaud as the Chairman of the Investigations Committee of the Institute of Chartered Accountants of Guyana
(ICAG), for the Commissioner-General to respond to the allegations.
The disclosure was made after the Council was informed by the Disciplinary Committee following a meeting which was held on October 22 to deliberate on the complaint made by Glenn Lall. The complaint alleged misconduct on the part of Khurshid Sattaur, the Commissioner General.
This revelation comes one day after the Guyana Times carried an article in which the Commissioner-General claimed that he contacted the Institute and spoke with Cardilla Agard, the Administrative Officer of the Institute of Chartered Accountants of Guyana.
Sattaur said that the ICAG denied any knowledge of a meeting or decision taken on the matter even though Kaieteur News the very day, had carried a front page article referring to a decision taken to undertake a probe.
Sattaur said that what is extremely irregular and disturbing is the fact that the meeting of the Disciplinary Committee, which according to the letter had deliberations on October 22, had informed the Council of its decision presumably after the meeting was concluded.
Yet this information, according to Sattaur, appeared in the headlines of Kaieteur News of the very day— October 22 edition.
Sattaur said that this is a clear indication that the members of the said disciplinary subcommittee informed Glenn Lall of their decision prior to the meeting and deliberations of the Committee.
Sattaur asked, “The question for both the owner of Kaieteur News and the Members of the Disciplinary Committee of the ICAG is how is it possible for a media outlet to publish the decision by an independent investigative agency one day before it was actually made?
“Further how can the communication to the Commissioner-General be officially made two days after the Kaieteur News printed headlines of the decision when the owner of the newspaper is the complainant?”
Sattaur is also questioning how is it that he is being subjected to disciplinary proceedings by the Council’s Disciplinary Committee when he is not engaged in public practice and therefore not subject to the ethics that professional accountants subscribe to.
He said that he is a public servant and carries out a statutory function prescribed in law.
He said that this suggests extreme bias and lack of knowledge of their own bylaws.
Sattaur, in his letter, is calling on the Council to “stop this charade and travesty immediately.”
He said that a report is “presently being compiled that will be lodged with the ICAG parent body in the UK pertaining to the highly irregular actions on the part of the members of the local Disciplinary body. Clippings of the newspaper article and letter stating the council’s decision made on the very same day will be submitted as evidence.”
Sattaur intends to write the ACCA parent body in the UK asking for an investigation to be conducted into ”this obvious collusion with the owner of the Kaieteur News to discredit the good name and standing of an outstanding FCA member.”
“It would appear also that some of these members may be aiding and abetting the Kaieteur News’ alleged reckless behaviour of fraudulent reporting of income and have now joined forces with the newspaper owner to have the Commissioner-General’s image tarnished with the hopeful consequence that the audit against Lall will not proceed.”
Sattaur, who said that he has nothing to hide, is making a lot of noise about the probe by ICAG.
He now says that he cannot submit himself to an investigation for a very serious offence by a panel comprising Paul Chan a Sue, Khalid Ali and the chairman, Ramesh Persaud.
Sattaur added that to avoid any investigation against him he will have his lawyers consider the possible sanction of the very people who are to investigate him.
He also wants to report what he called their “highly unethical and immoral conduct to their Parent body in the UK for serious misconduct and malpractice and for bringing the noble profession into disrepute.”
He made it clear that he wants to avoid any investigation at all cost.
The Publisher of Kaieteur News, Glenn Lall simply said, “Let the public read the emails. Sattaur is unfit for the office he holds. And he is a liar.”
October 26, 2014
Auditor General should investigate Sattaur’s vehicle…GRA boss imports Prado for $1.5M
There seems to be varying tax charges for the same type of vehicle and these charges appear to be levied according to whom the person is.
The Legal Affairs Ministry imported one used 2010 Toyota Jeep Land Cruiser acquired at a cost of $7.2 million. The vehicle with a 2TR engine capacity of 2693 cc was registered on August 22, 2013.
This vehicle enjoyed full tax exemption having been imported for a Government Ministry.
An identical vehicle imported by Kwame Gilbert, a Member of Parliament, was a 2011 model which was declared at a cost of $7.4 million. This vehicle was registered on April 1, 2014. This vehicle also enjoyed full tax exemption.
A third, similar vehicle, but a 2010 model, like the one imported by the Legal Affairs Ministry was imported by Khurshid Sattaur in his personal capacity, was declared at a cost of just under $1.5 million. It was registered on April 29, 2013.
Online checks revealed that the average price of such vehicles ranges from US$31,000 to US$40,000.
Sattaur is the Commissioner General of the Guyana Revenue Authority. He is not entitled to full tax exemption. His vehicle attracted a 30 per cent import tax.
The declared cost was some 80 per cent less than the other two identical vehicles which were declared at $7.2 million and $7.4 million respectively.
Had the Legal Affairs Ministry and MP Gilbert been asked to pay the 30 per cent taxes they would have been required to pay $2.1 million.
Sattaur, for a vehicle of same capacity and make, according to his declaration, only paid around $450,000, a quarter of what the others would have paid.
Was Sattaur’s vehicle undervalued to escape the higher tax or did Gilbert and the Ministry of Legal Affairs overvalue their imports?
This vehicle should attract the attention of the Auditor General.
October 27, 2014
Sattaur collected full retirement package in 2012
– Who authorized his duty free vehicle one year later?
Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, had his retirement package approved and paid to him in 2012.
He had applied for his retirement package the year before. Today he continues to head the GRA.
Last year, Sattaur imported a 2010 Toyota Jeep Land Cruiser in his personal capacity. The vehicle which was declared at a cost of just under $1.5M, (US$7,500) was registered on April 29, 2013.
Online checks revealed that the average price of such vehicles range from US$31,000 to US$40,000.
All Members of Parliament and judges are exempt from all taxes on the vehicles they import. They are also allowed to import vehicles of an unlimited engine capacity.
Public servants do not enjoy the same privilege as judges and Members of Parliament. They can only import vehicles with an engine capacity of 2,000 cc and under. This can be waived by special permission from Office of the President.
They are not fully tax exempt. They have to pay a percentage of the import tax.
Sattaur, a public official, was not entitled to full tax exemption. His vehicle attracted a 30 percent import tax because of its age. It was under four years old.
In light of the fact that Sattaur collected a handsome retirement package and is now working on contractual terms at the GRA, questions have surfaced as to whether the tax boss is entitled to enjoy another duty free concession of this magnitude.
If so, did Office of the President authorize his importation of vehicle with engine capacity beyond the 2000cc limit for public officials?
Additionally, there have been calls for the Auditor General, Deodat Sharma to investigate Sattaur’s vehicle.
The Legal Affairs Ministry imported one used 2010 Toyota Jeep Land Cruiser acquired at a cost of $7.2 million. The vehicle with a 2TR engine capacity of 2693cc was registered on August 22, 2013.
This vehicle enjoyed full tax exemption having been imported for a Government Ministry.
An identical vehicle imported by Kwame Gilbert, a Member of Parliament, was a 2011 model which was declared at a cost of $7.4 million. This vehicle was registered on April 1, 2014. This vehicle also enjoyed full tax exemption.
Sattaur’s vehicle is similar to the one imported by the Legal Affairs Ministry. But the declared cost was some 80 per cent less than the other two identical vehicles which were declared at $7.2 million and $7.4 million respectively.
Had the Legal Affairs Ministry and MP Gilbert been asked to pay the 30 per cent taxes they would have been required to pay $2.1 million.
This has caused some observers to question whether Sattaur’s vehicle was undervalued to escape the higher tax or did Gilbert and the Ministry of Legal Affairs overvalue their imports.
October 28, 2014
ATTORNEY GENERAL REVEALS PLANS TO ‘HIT’ GLENN LALL, KNEWS
— Police provided with audio, transcript of plot
Mr. Anil Nandlall, Guyana’s Attorney General and Minister of Legal Affairs, has revealed chilling plans for the execution of Kaieteur News publisher, Mr. Glenn Lall.
This is unfolding as the most bizarre, criminal twist in an ongoing feud between the State and this newspaper.
Alluding to an imminent attack, Nandlall advised a senior reporter of the newspaper to get out of the Saffon Street office, which he described as a “dangerous place”.
He hinted at an intended hit on Lall and the establishment.
“No, hear nah, you know how it gun stop? Somebody gun go into Kaieteur…You see everybody nah gat, as I told Adam today …I said Adam, everybody don’t just…everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon. I told Adam, I said ‘Adam people got weapons, right?
“Is not newspaper they gonna use as a weapon; they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f***ing Saffon Street office and wha come suh do, and innocent… Peter gun gah pay fuh f***ing Paul in deh one day.
“Me ah tell you innocent, me ah tell you honestly, man to man, that will happen soon. So the quicker you get out of deh the better.”
Describing himself as a “thoroughbred” and as a “Kshatriya” (pronounced Chatree), a reference to an upper social class in India, known to be united by their claims to rulership, the pursuit of war, or the possession of land.
Nandlall hurled a string of expletives in his almost 19-minute harangue on the intended plan against Lall.
He portrayed himself as a “bad-man” who “running things” in Guyana. He boasted that the former President, Bharrat Jagdeo, his best friend Bobby Ramroop, and Winston Brassington, are no match for him.
“I think that you should… my first advice to you is that you should move out of there… it is a dangerous f***ing place to work. Is a dangerous place because I am telling you, read between the lines, this thing not going to go on for long; people not going to tek this thing just so.
“Is a lot of powerful people that this man…wait, nobody never used to bother with he before, right? And he used to get away…get through with all wha he publishing.
“But people get… people get sensitive now, they were chatree coolie rass, you know what is chatree?
“You don’t engage a chatree in f***ing war and that is what he has done …When he start fuh publish that I go and spy pun he and all kinda f***ing madness .you nah see deh f***ing tempo change after that?”
“Me nah Jagdeo and Bobby, yuh know, and Brassington…We come from a higher breed of people, you understand?”
An audio disc of Nandlall’s comments and a complete statement were handed over Deputy Police Commissioner, Balram Persaud. Assistant Police Commissioner David Ramnarine was also present when Lall, accompanied by his Attorney-at-Law Mr. Khemraj Ramjattan, lodged a formal complaint, and urged stepped up security for him and his employees, and an immediate investigation with a view to laying criminal charges against the Attorney General.
“It’s clear from the tape that the destruction resulting from clashes from the political scene is heightening to the state that they want to do harm” Ramjattan said.
He said that the evidence is now there the people of this country can now put a stop to it.
“It’s obvious state terrorism….It’s extremely damming to the state of affairs” Ramjattan stated.
The Kaieteur News publisher two weeks ago had filed a complaint with the Ruimveldt Police Station, reporting a plot to shoot up Kaieteur News and his intended execution, which was to be made to look like an accident.
This came about because of publication of correspondence involving Khurshid Sattaur, Guyana Revenue Authority (GRA) Commissioner-General, and former President, Bharrat Jagdeo, to destroy him and his business.
Mr. Lall had earlier also accused Nandlall of spying on his Saffon Street establishment. Nandlall reacted that he would use other weapons against Lall in place of cameras, if he wanted to destroy him.
In his recent telephone call to the reporter, Nandlall also disclosed that he had to restrain his uncle, Kamal Mangal, from getting at Lall for publishing information that the man had imported a high-end luxury vehicle duty-free on the pretext that he was a re-migrant, although he continues to live overseas.
At the time the duty-free concessions were granted by GRA, where Nandlall’s wife is Senior Legal Advisor, Mangal was living at the home of the Attorney-General.
“You know who is Kamal Mangal? The man look stupid, one bald head f***ing poor man. You know who da man is? Must find out wha da man own and what he could do with one phone call, alyuh nah know who alyuh a deal with, I had to hold back that man.”
Nandlall unleashed his fury over a promise by Kaieteur News to expose the fact that he used tax dollars to fund a private medical bill for his wife. He said that he has since repaid that money to the Ministry of Health.
The Attorney General protested that Lall should have never brought his wife into the picture.
“I told, I told Glenn, I meet with Glenn. I sit down and talk with him. I use some money from the government and Glenn mek an issue of it. I pay back de f***ing money long before he even mek de issue and he know about it.
“Remember you were going to publish something about my wife and so on? I am not worried about what he gun publish…Me I am a f***ing thoroughbred.
“I…I just don’t want him to publish things about me wife. That is all I don’t want, you understand? Because she is innocent.”
The threats by the Attorney General have brought back memories of the shocking August 8, 2006 slaughter of five pressmen, who were gunned down, execution-style, by armed invaders at the Eccles printery of the Kaieteur News.
(See below – Transcript of telephone call by the Attorney General to the Kaieteur News reporter).
The following is the audio recording and transcript of the abovementioned conversation.
TRANSCRIPT OF A PHONE CONVERSATION BETWEEN GUYANA’S ATTORNEY GENERAL, ANIL NANDLALL AND LEONARD GILDARIE, SENIOR REPORTER, KAIETEUR NEWS
Call made by Nandlall….
Leonard Gildarie (LG): Hello
Attorney General (AG): Hey Gildarie
LG: hey wha happening
AG: is who been by me amm cousin and interview he, you?
LG: yes dem sen me dem send me
AG: But how you misquote the man suh man
LG: How the f**k I misquote the man, we got the man pun record and is not me alone, they had other staff there too
AG: Who, who is the other staff, some nice girl dem sen’
LG: Man me can’t give you the name man… oww
AG: De man wan f**k de girl man, the man tell me seriously he wan knock de girl
LG: How he gun f**k de girl
AG: No but still chief (inaudible) de man say he wan knock de ting, you can arrange
LG: Man wha happening what alyuh got this thing going so far fuh man, me got me fucking job
AG: well glen nah use he…eh
LG: Me got me job fuh lose
AG: No no me nah quarrel with you but all I am saying half wha he never tell you, de man say he never tell you that he didn’t know that he got to live in Guyana, the man said he live here but he got fuh travel
LG: The man said duh, we got it on record
AG: Wha record ?the man say you nah tape nothing yuh nah write nothing
LG: The man nah know bout smart phone, of course we does be taping these people there anil
AG: Anyhow me ah tell you man say cuz me aint been dey, but me driver been deh
LG: No but whatever it is because I had to, of course I had an input I had to do it because dem send me and the other reporter and is not me either remember is the editors dem to, I don’t see why
AG: Yeah but who is the girl
LG: Me gun tell you a cant tell you on the phone man oh sk**t you wan fuck me up
AG: Whaaam glen nah a tap me phone man he nah got dem technology
LG: No no man nah do dah, dem got people
AG: uh
LG: Ah cant do duh but a cant tell you who that is but is one of we staff hey
AG: Oh oh some (inaudible)
LG: Is a reporter dem woulda send dem wouldn’t a send me alone, you know I don’t do much
AG: Eh hey
LG: amm
AG: Anyhow me nah know..wait no
LG: Ammm
AG: But hear nuh gildarie you do a story on duh , what is he gotayhing, if me uncle
LG: Yea but…
AG: Hear nah, if me brother, leh we say, you got brothers
LG: Eh hey
AG: if you brother murder somebody, wha duh mean you a go jail, me na…leh we assume that me uncle do something wrong I am not responsible.. me aint understand what the what the theory is, I am trying to figure out what is the end game …what’s the plan
LG: Uh huh
AG: By publishing ah ah, the AG uncle the AG uncle, if me uncle do something wrong me uncle is liable to face the consequence of it
LG: Right Right
AG: So me aint understand why why is he putting that
LG: (inaudible) me say leh alyuh talk to the man direct and alyuh see wha alyuh can do because this thing cant continue we as staffers get caught up in it because we gotta wuk
(inaudible voice in background)
AG: Hear nah, reaz is he brother, reaz use to put cocaine in shrimps and prawns and (inaudible voice in background) smuggle it all out (inaudible voice in background) ya’ll aint publish, I got details of how glen threaten fuh back track me know bout all duh budday, me nah wan disclose dem things duh but I could do it if he want fuh go down dah line (inaudible voice in background)
LG: Boy me aint know wha fuh tell you boy except that I decide that i..
AG: You know wha Reaz do, you know Reaz full a container of apple and grapes off de fucking wharf …eating and go and put it at Melanie pon the side of the road and hook it up pun a GPL container, ah GPL lantern post and freeze a container of apple and grapes free for nearly three months (inaudible voice in background) you nah know and people a pass up and down pun de road and dem think dat the container just fall off the road and it full with apple and grape
LG: But hear hear wha (inaudible)
AG: The president already spoke, not glen but to Bhena, right
LG : I just (inaudible)
AG: I am telling you boss how every effort has been made, Glen Lall is mad, he run mad
LG: (inaudible) Sattaur deh going at a set of newspaper and talking he sk**t whole day he cant continue doing that
AG: Yeah but if glen got to understand that we cant, look he never read nothing from Sattaur, he refused, he was asked to, to just behave good for one week, he couldn’t f**king do that
LG: No but deh man run to to ting everyday, ah just telling you wha how we seeing him because I cant I cant (inaudible)
AG: Now glen go an manufacture a fucking whole story about the man going an get ban from ACCA and all kinda madness
LG: Because now every single day it just continuing continuing, Sattaur running till to guyana times he running to Chronicle we deh pun
AG: wheh, wheh,anyway wheh you deh now
LG: Me just deh at the back, I deh at the back of Kaieteur News
AG: Whah you doing deh
LG: Ah just come fuh tek dis call heh
AG: hello
LG: boy me nah wha fuh tell you but alyuh just sort it out because I don’t know how long I gun able (inaudible)
AG: So why you don’t come across and come work with we?
LG: Wha deh f**k you gun offer me
AG: Better than Kaieteur News
LG: Man we gun gaff man but alyuh need to stop (inaudible)
AG: Send me a proposal of what you working for and um
LG: Ah gun have to discuss it with the wife
AG: No discuss it with your wife because the president and I clear on something.. we are building an elitist press team right
LG: Yall do something man because I getting lil tired but alyuh stop this fucking thing nah alyuh stop because the country..
AG: no hear nah you know how it gun stop? somebody gun go into Kaieteur, you see everybody nah gat as I told Adam today I said adam everbody don’t joust.. everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon, I told Adam, I said Adam people got weapons right, is not newspaper they gonna use as a weapon they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same fucking Saffon street office and wha come suh do and innocent, Peter gun gah pay fuh f**king Paul in deh one day, me ah tell you innocent, me a tell you honestly man to man that will happen soon
LG: I don’t know (inaudible)
AG: So the quicker you get out of deh, the quicker you get out of deh the better
LG: Amm hear hear
AG: This thing is ah hear, you cannot use your newspaper like that boss, you get charge, whether you feel, whether you feel you get charged wrongfully or not you can’t use yuh newspaper to drag a set of f**king innocent people in this, if and de people (inaudible) money, you know who is Kamal Mangal, the man look stupid, one bald head f**king poor man, you know who da man is ?
LG: (inaudible)
AG: But but alright must find out wha da man own and what he could do with one phone call, alyuh nah know who alyuh a deal with, I had to hold back that man
LG: But is why alyuh don’t stop it ya’ll (inaudible)
AG: uh hmm
LG: (inaudible)
AG: Anyhow, the man, the man view is that he is above everybody else that he is above the law and that he own this newspaper and he could buse enrybody comrade no society works like that, none none, there is a simple way of dealing with a situation yuh know , I tell Glen already ..he knows my capacity and I know his,…me nah got to go to court everyday and issue press statement I don’t have to revert to those methods
LG: I like how yall (inaudible)
AG: There are far more effective methods to which I can resort… right
LG: Ammm wha wha wha whats the reason (inaudible)
AG: I told, I told Glen I meet with glen I sit and down and talk with him (inaudible) I use some money from the government and Glen mek and issue of it I pay back deh fucking money long before he even mek de issue and he know about it because wha it pay fuh
LG: Which issue is dat
AG: Remember you were going to publish something (inaudible) about my wife and so on
LG: (inaudible)
AG: (inaudible) months ago not now months ago (inaudible) but I just, I am not worried about what he gun publish, me I am a f**king thoroughbred , I.. I just don’t want him to publish things about me wife that is all I don’t want you understand because she is innocent
LG: it goes beyond that (inaudible)
AG: Yeah but boss there’s two to tango one man cant tango
LG: Yeah but but how, who are we interviewing how do we because (inaudible)
AG: I already, I sent a message already and I… Bhena has been in contact with the president, they are very close right but glen is not keeping up his end of the bargain, the things them that Bhena spoke, they work out an arrangement
LG: But Anil, but Anil (inaudible)
AG: uh huh, uh uh
LG: (inaudible)
AG: well I Sankar a he man in law (inaudible) all of that
LG: (inaudible) but Sattaur started it..(inaudible)
AG: Me aint know bout all a dat but I know what I know , wait chief, I am clean, I am clean right.. I never take a dog from any f**king body and what he is doing is to get at me through me family cause he cant find nothing on me I never thief, you understand me nah other people you know what wha he can (inaudible) thing pun, you understand, I never tek a
LG: (inaudible)
AG: Gildarie me a wan rich man me tek f**king government and become poor you… understand and glen knows that, me I achieve everything I wuk in life before I tek government, I retire, I retire at age 38 when I became attorney general I don’t have to work
LG: tell me so wha you wan me fuh do (inaudible)
AG: I think that you should, my first advice to you is that you should move out of there… it is a dangerous f**king place to work, is a dangerous place because that, I am telling you, read between the lines this thing not going to go on for long, people not going to tek this thing just so is a lot of powerful people that this man, wait ,nobody never used to bother with he before right and he used to getaway, get through with all wha he publishing but people get, people get sensitive now, they were chatree coolie rass, you know what is chatree
LG: (inaudible)
AG: you don’t engage a chatree in f**king war and that is what he has done …when he start fuh publish that I go and spy pun he and all kinda fucking madness .you nah see deh fucking tempo change after that, right.
LG: I
AG: me nah Jagdeo and Bobby yuh know and Brassington (inaudible) we come from a higher breed of people, you understand
LG: All right let me talk, a gun mek some calls fuh you cause I aint know (inaudible)
AG: Anyhow nobody nah gun listen to you man nah worry with da stupidness the thing is that amm they should, we have some things we are doing on this side
LG: uh huh
AG: and you should think about your, boy me and BJ does talk about you and we believe that you does still f**king leak back information but amm you will have a review
LG: Alright must give me a call
AG: You should come up with us (inaudible) but you see how (inaudible) but you see this thing go down this road it nah gon end good right, ego, this is share ego happening hey, this man is lynching my family for no reason at all, no reason at all, just because he want to get at me and why he want to get at me because he believe that in can withdraw these charges against him… I can’t…me nah file dese charges boss
LG: But why dem went ahead and charge this man knowing that dem nah get nothing
AG: Because nobody is above the law boss, you cant… hear nah man… you cant put youself up as St Peter
LG: No but hear I is no lawman but I was looking at the Act and they couldn’t a find a better way Sk**t because (inaudible)
AG: No, no that’s not necessary, he got eyewitness, Sattaur tell you he got eyewitness accounts of where the vehicles are parked, the vehicle dem don’t ever park at the people house the people dem don’t even have f**king driver’s licence boss, Sattaur must know that
LG: I was looking at some of the reports if the vehicle them are no longer (inaudible)
AG: did what what, I didn’t hear you
LG: I am no lawyer but if the vehicle (inaudible) am looking at the reports and its not appropriate (inaudible)
AG: You know them got some (inaudible) nuances in the law, you know on the face of it I agree with you
LG: Right Right!!
AG: But when you deeper, when you go deeper into the law you just cant… you see the law, the law looks at substance and not form, you can’t by not transferring your vehicle but giving a man the vehicle fuh use everyday, defeat the whole purpose of the thing, the law is not an ass, you understand
LG: (inaudible)
AG: The process, the people them (inaudible) hear we can end this tomorrow and all he gah do is go pay the duty and I could have worked out a reduced duty for him and the story done, anyway don’t give yourself too much liberty and say I talk to you and all kind of thing you know, let them believe that I you know cowering (pause) but eh man who is the girl man tell me who is de girl you a move away from you (inaudible)
LG: (inaudible)
AG: (inaudible) you cant give a girl name over de phone
LG: (inaudible)
AG: But who who is it me nah gun do nothing more wha de rass me gun do with the girl I just want know is who because the boy give a description and the girl is nice
LG: (inaudible)
AG: Nothing wrong with that e nah got nothing wrong with that me just wan know is who me nah got no ulterior motive, hai boss, me nah got no ulterior motive me nah (inaudible)nobody
LG:(inaudible)
AG: hmmm
LG: (inaudible)
AG: is Queen’s college people does run this country, you nah realize that (inaudible)
AG: Hmm, alright good eh hey
Unidentified voice: Hi um this is the guy that spoke to you the other day concerning the story that you did (inaudible) the guy said that the story would have been in today’s newspaper but we buy the paper and we aint see it
LG: That’s ok um I think we doing some investigations (inaudible)
Unidentified voice: hmm yea he told me that yesterday
LG: (inaudible) I am not sure what happened but I think the report is there in his office
Unidentified voice: yea we spoke with him yesterday afternoon and he told me he spoke with Clifton and Clifton was very (inaudible) he didn’t say much
LG: I think that’s the nature of it um, a story just doesn’t appear in the paper like that I am sure the editors have their checks and balances so I guess uh uh I can speak to them for you and see (inaudible) but you could give him a call a little later and speak to him
Unidentified voice: what is his name because I forgot to ask
LG: Nicholas
Unidentified Voice: Nicholas, uh what’s his number
LG: you got to call through the office 225-8492
Unidentified Voice: Ok can I call now
LG: no no no he is going to be here till after lunch
Unidentified Voice: Oh oh alright sure
October 29, 2014
Plan to ‘hit’ Glenn Lall, KNews…President Ramotar must demand Nandlall’s immediate resignation
– Minister has brought the AG’s Office into disrepute – AFC
The Alliance For Change in a statement released yesterday says the party is “shocked beyond disbelief” at the
recent revelations in a conversation between a Kaieteur News reporter and the Attorney General (AG), Mr. Anil Nandlall.
The party said that the transcript of the conversation “which the AG has most recently admitted as having said highlights that he has proven himself wholly unfit to hold the office of Attorney General of the Cooperative Republic of Guyana”.
“President Donald Ramotar must demand the immediate resignation of Mr. Nandlall, as his failure to act swiftly on this issue would be an endorsement of such behaviour by persons who represent our country at the highest level in Guyana and internationally.
“It is now clear to the AFC that our party, civil society organisations and the citizens of Guyana cannot continue to do business with this Government if it holds persons in the ilk of Mr. Nandlall as its representative. Only his immediate resignation could save this country the embarrassment of having one of its highest offices brought further into disrepute and disgrace.”
The party said that it had noted in an audio recording released to the public, Nandlall indicates that he has intimate knowledge of an imminent attack on Kaieteur News, one where the very lives of staff of the media house will be endangered.
“This is a very dangerous state of affairs and must be taken seriously. As a leading figure in the system of law and order and an officer of the court, the Attorney General knows he has an obligation to inform the relevant authorities of an impending crime. Failure to do so is an indication of complicity and brings the office of Attorney General into disrepute.
The Alliance For Change calls on the Attorney General to share what knowledge he has that makes Kaieteur News a “dangerous place to work” and what he knows of people who, “gun just walk with their weapons into that same (expletive) Saffon Street office…”
The AFC stated that its position is that Mr. Nandlall issued veiled threats against the media house when he spoke of not
engaging a ‘Chatree’ in war and pointing to a “change in tempo” after Kaieteur News started reporting on a relative of his.
“Such threats coming from the Attorney General is totally unacceptable and raises the concern that he would abuse the powers of his office to victimise the media house.”
The AFC also expressed alarm at “Mr. Nandlall’s derogatory, disrespectful and totally unacceptable sexual comments in the conversation towards a female reporter in the conduct of her duties as a journalist and representative of the media. It is clear by the comments that he was prepared to use his influence to entrap this young woman in loose sexual behaviour. This lends credence to growing reports of high ranking members of the Government demanding sexual favours from women in their employ”.
“The level of language filled with expletives, his threats, hints of having knowledge of an impending serious crime and willingness to promote and encourage loose sexual behaviour are indictments against Anil Nandlall, and enough reason why he should be removed from office and cannot stand as a role model for young Guyanese.
The Alliance For Change is calling on the President to relieve the Attorney General of his position immediately so that the integrity of the Office of Attorney General can be restored,” the statement concluded.
October 29, 2014
Attorney General Nandlall has two positions on taped conversations
Attorney General Anil Nandlall, Guyana’s chief lawmaker and defender of the state, has two positions on the right to privacy. Following the release of a recording of the threats he made to Kaieteur News he hastened to claim a right to privacy.
And to support his claim he quoted sections of a law on the interception of communication.
However, when some person or persons recorded a conversation between the then Commissioner of Police Winston Felix, and Attorney at Law, Basil Williams, Nandlall had this to say.
**
First position
There is no right to privacy known to the laws of Guyana
Dear Editor,
A recorded conversation believed to be between the Commissioner of Police, Mr. Winston Felix and PNCR Vice Chairman and Parliamentarian Mr. Basil Williams, was aired and published in several sections of the media. Because of its startling and disturbing content, this recorded conversation eventuated much public debate, concern and even outrage.
The Government’s response was in the form of a statement, the content of which is simply baffling to the rational mind. One can only hope that a response of greater cognition shall be soon forthcoming.
The PNCR response was more expansive and it came in the form of a press conference. Like the Government, the PNCR refused to deal with the content of the conversation, but rather concentrated their energies and emphasis on its source and manner of acquisition. They contended, inter alia, that the taping of the conversation and its broadcast were ‘illegal’, and that it constitutes an invasion of privacy, arguing with credulity that the conversation was a private conversation; as if that makes a difference! The ‘illegality’ of which the PNCR spoke was neither explained nor elaborated. One would have expected that the rule or principle of law that was allegedly breached or the offence which was allegedly committed would have been identified. Unfortunately this was not done. It was argued that the taping of the conversation and its broadcast constitute an invasion of privacy.
I respectfully submit that there is no right to privacy known to the laws of Guyana or even the common law of England from whence we received our laws. The following passage of great relevance appears in the well known and respected text, Gatley on Libel and Slander, 9th edition at page 514.
“There is no doubt that the English common law does not recognise a tort of invasion of privacy and does not therefore grant any direct action for such invasion”. The identical position obtains in Guyana.
In the English case Waynright and another -v-Home office (2004) 4 L. R. C. page 154, the House of Lords held inter alia that there was no common law tort of invasion of privacy. A similar position was arrived at by the House of Lords in Malone -v-Commission of Police [1979] 2 ALLER page 620 and by the Court of Appeal (United Kingdom) in Kaye -v- Robertson [1991] FSR 62. The issue of right to privacy arose in New Zealand, a common law jurisdiction like Guyana, in the case of Hosking et al -v- Runting et al 2004 2 LRC page 65, where a magazine wanted to publish the photographs of two infant children taken out in a public place without the parents’ permission. The parents sued, claiming that the taking of the photographs and/or their publication without consent amounted to a breach of their children’s right of privacy.
The High Court of New Zealand held that New Zealand law did not recognise a tortuous cause of action in privacy based on publication of photographs taken in a public place.
Based on the aforesaid authorities, it is clear that the right to privacy is not known to the common law and, as stated above, not known to the laws of Guyana. The argument in respect of the breach of a right to privacy is therefore woefully misconceived. It is clear that the matters contained in the recorded conversation are matters of high public interest; they raise issues which touch and concern the internal security of Guyana; and they bring into question the conduct of Guyana’s premier law enforcement officer. It is respectfully submitted that this is information of which the public has a constitutional right to be apprised and which the media has commitment right and duty to disseminate.
In Hosking -v- Runting, (supra) the court made the following seminal observations:
“the importance of freedom of expression and the role of the media in a democratic society needs no emphasis. There is a strong public interest not only in the right to impart information, but also in the corresponding right of the public to receive it. Any limitations imposed upon freedom of expression, whether by statute or by development of the common law, should reflect established principles. If there was any right to privacy of the kind alleged, the court would have found it to be clearly overwhelmed by the right of freedom of expression…….”
I respectfully submit that, even if the law afforded a right to privacy in Guyana, having regard to the nature of the matters contained in the recorded conversation, and the status and standing of the persons allegedly engaged in that conversation, that right to privacy would have had to bend and bow to the constitutional right to free expression.
This has been submitted so that the lay public is not misled on vital matters of law.
Attorney-at-law Mohabir Anil Nandlall
(Kaieteur News, 03/23/ 06)
**
Second position
This statement he issued to sections of the media yesterday. However, it has no relevance since the communication was not intercepted.
3 (1) Except as provided in this section a person who intentionally intercepts a communication in the course of its transmission by means of a telecommunication system commits an offence and is liable on summary conviction to a fine not exceeding five million dollars and to imprisonment for a term not exceeding three years.
(2) A person does not commit and offence under this section if –
(a) the communication is intercepted in obedience to a warrant issued by a Judge under section 6;
(b) the communication is not intercepted in obedience to a warrant issued by a Judge but on the authority of a designated officer in the case of a national emergency or in responding to a case where approval for a warrant is impracticable having regard to the urgency of the case.
(3) The Court by which a person is convicted of an offence under this section may order that any device used to intercept a communication in the commission of the offence shall be forfeited and disposed of as the Court thinks fit.
(4) For the purpose of subsection (1), a communication shall be taken to be in the course of transmission by means of a telecommunications system at any time when the system by means of which the communication is being or has been transmitted is used for storing the communication in a manner that enables the intended recipient to collect it or otherwise have access to it.
October 29, 2014
Ramotar defends AG’s threat on KNews mere hours after revelation
Mere hours after Publisher of Kaieteur News, Glenn Lall, released a recording of Attorney General Anil Nandlall vocalizing a threat of violent proportions, President Donald Ramotar and the government came out in defence of the Attorney General.
In the recording, Nandlall is heard talking about an imminent attack on Kaieteur News that would see the innocent paying for the guilty. He also made an offer of employment to the reporter who he said was working in a “dangerous place”. In the expletive-laden conversation, Nandlall talks of the heightened confrontation with Kaieteur News after the newspaper threatened to release details of his wife.
He goes further; he touts himself as a Kshatryia, pronounced “Chatree”, and unabashedly places himself in a superior social position to former President Bharrat Jagdeo, owner of the New Guyana Pharmaceutical Corporation, Dr Ranjisinghi ‘Bobby’ Ramroop and head of the Privatization Unit, Winston Brassington.
However, the government chose to ignore the obvious threats to the publisher and staff of the newspaper and to come out in support of Nandlall.
In a statement, the government sought to accuse the newspaper of manipulating “a private conversation of a Government Minister, whose conversation was illegally recorded, and distorted, and broadcast.”
The government’s questionable claim of illegality was not supported by Nandlall during the release of a previous recording some years ago when Winston Felix was Police Commissioner. (See related story on page 3)
“We stand by the Attorney General, as the Government of Guyana goes out of its way to foster peace and goodwill. We believe in the integrity and professionalism of the Minister of Legal Affairs, Mr. Anil Nandlall, and stand by him,” the government’s statement said.
“Today, to our utter consternation, the public listened to a voice recording and was shocked at what the nation heard. Broadcast on social media, the recording contains a distorted, manipulated conversation between a Minister and Leonard Gildarie, a reporter from the Kaieteur News.”
The truth is that the recording was unedited and unaltered. Many are now at a loss to understand the government’s assertions. In fact, the government statement does not address the contents of the recording although it admits that the recording was authentic.
October 30, 2014
Govt bent on running ‘secret regime and a criminal enterprise’- APNU
“If the President fails to act then the people of Guyana will have to take the necessary steps and I believe if Nandlall does not resign then the entire government should be asked to resign.”
The frightening details of the 19-minute expletive-laced recorded conversation between Attorney General (AG),
Anil Nandlall, and Kaieteur News senior reporter, Leonard Gildharie has confirmed some of the worst fears of the largest opposition bloc, A Partnership for National Unity (APNU).
It has caused the party to make strong calls for Nandlall’s immediate resignation.
Yesterday, at APNU press conference at the party’s Hadfield headquarters, Shadow Minister of Legal Affairs, Basil Williams, said that APNU has over the years, accused the PPP/C of being in bed with criminals, of condoning extra judicial killings and contract killings, corruption and of cavorting with drug lords.
Now that the government’s “blue-eyed boy” has been caught on tape making several references to violent figures of the criminal world who with one phone call or through the deployment of their weapons could wreak havoc on hapless victims, Williams said that this is more than an alarming reality.
He referred to a comment by the AG in the recorded conversation, “Is a lot of powerful people, who get sensitive now.” The AG stated that he even had to “hold back the man,” presumably from going after the Publisher of this newspaper, Glenn Lall and his staff, Williams said.
The APNU Parliamentarian stated that Nandlall also blew the whistle on a conspiracy to commit murder at the Kaieteur News office on Saffon Street when he said, “Peter gun pay fuh Paul…” He reminded that the AG proceeded to advise the senior reporter to move from Kaieteur News. “My advice is to move; it is a dangerous place to work.”
Nandlall, Williams said, boasted of having “far more effective methods” to which he could resort. He spoke about the “change in tempo” after Kaieteur News published several articles on Nandlall’s alleged involvement in “spying” on the newspaper.
Williams told the media that as Head of the Guyana Bar Association and the Government’s Legal Advisor, Nandlall
holds a pivotal position in the maintenance of law and order in this country.
However, the AG has betrayed the trust reposed in that office by the citizenry and must pay the price. He added, “How is he going to talk to the legal fraternity…this country needs the full implementation of law and if you have a man (Nandlall) that is also lawless then we will end up in a bottomless pit.”
The APNU Shadow Minister of Legal Affairs reiterated his coalition’s call for Nandlall to be relieved of all his ministerial responsibilities, immediately.
Attorney at Law and General Secretary of APNU, Joseph Harmon said that the revelations of the recorded conversation, demonstrate that the government is hell bent on running a “secret regime and a criminal enterprise.”
APNU’s General Secretary said that President Donald Ramotar is now presiding over a Cabinet of Ministers “unworthy of the people’s trust.”
“If the President fails to act, then the people of Guyana will have to take the necessary steps. I believe if Nandlall does not resign then the entire government should be asked to resign,” Harmon added.
Considering its concerns over the matter and the revelations of the recorded conversation, Harmon was subsequently asked if he or his counterpart, Williams, will be taking any parliamentary action to reprimand the AG.
Williams said that if the Parliament was not gearing to deal with the unprecedented No-Confidence Motion, then certainly, measures would have been put in place to have him brought before the Privileges Committee.
“It’s not to say that we are not taking action but the point is that you have a clear revelation as to what is happening with this government …The time is right for you the people to make a difference. We are your representatives but we need your help in this too.”
Harmon said that APNU is giving the President an opportunity to do what is right by the people especially with
regard to the AG.
“If they fail to act then the APNU will have no choice but to act in favour of the people and act on what is right.”
At the press conference, he told the media that there are many parts of the infamous recorded conversation that APNU has not touched as yet. Emphasizing that the money the AG said he took was not approved by the Parliament on any such means. Harmon said that this indicates that such a transaction is a “callous betrayal of the citizen’s trust and the fair way in which state resources are supposed to be allocated.”
As it relates to the government’s contention that a “private” conversation between Nandlall and Gildharie was “manipulated”, Williams made it clear that Guyana’s Constitution had provisions for privacy but in the Constitutional Reform Commission, that part was edited.
“That was edited out because they (government) wanted to pave the way for widespread bugging of peoples’ phones and so now, they can’t complain. The legislation was subsequently passed indicating the conditions under which you could bug or tap a phone officially… Fact is that it is in the public domain,” the Shadow Legal Affairs Minister explained.
He added that the notion being peddled by the government that the phone was tapped is “highly speculative.”
“One would need permission under the Act to do such. How could the government have its phone tapped by Glenn Lall?”
October 30, 2014
State violence against the press a disturbing development…death threats, misuse of public funds must be clarified – Burch-Smith
“If it is that the Guyana Government is condoning violence against the press then it is indeed a disturbing revelation”,
said President of the Guyana Bar Association (GBA), Ronald Burch-Smith.
He was at the time commenting on the release of a telephone conversation between Attorney General, Anil Nandlall, and a senior reporter at Kaieteur News.
Burch-Smith did point out that he was not speaking on behalf of the Guyana Bar Association. It did not escape his notice that mere hours after the contents of the conversation were made public, the Guyana Government issued a public statement in defence of the Minister, but did not address the grave contents of the conversation regardless of whether it was private in nature.
According to Burch-Smith, it is high time that the Attorney General or his employers come out and clarify the expletive-laden statements which speak to violence against the Kaieteur News and its staff, an attack on the freedom of the press, misuse of public funds by a public official as well as his loose comments against women, specifically a reporter employed at the Kaieteur News.
According to Burch-Smith, the contents of the recording are disturbing and disappointing and need clarification on the part of Nandlall, and or his employers.
There are a number of legal issues that need to be addressed, according to Burch-Smith, who reminded that the GBA will, following consultations with its hierarchy, issue a public statement on the matter.
He said that based on the contents of the audio recording, it appears that the Attorney General, may know of persons who are contemplating violence against this publication and this needs to be quickly denounced.
According to Burch-Smith, there is also the admission by Nandlall, that he used public funds for personal use.
He said that to simply say that the money was repaid by him, does not mean that the matter has come to a close.
Burch-Smith, drew reference to a hypothetical situation and said that when a person has been found guilty of breaking into your home and stealing money, simply because that person has agreed to repay the money, does not mean that is the end of the matter.
He did not want to speculate on what the money may have been used for.
Burch-Smith did add that following the revelations of the recording there will be a political dimension that will be thrown in the limelight but at the end of the day, the Government must make known its definitive position on violence against reports, an attack on the freedom of the press as well as the misuse of public funds.
According to Burch-Smith, the incident must be addressed thoroughly since it was not a popularity contest.
The Bar Association President said that at the personal level, the Attorney General is a good person but following the revelations there needs to be some definitive clarification on the part of government.
Publisher of the Kaieteur News Glenn Lall has since lodged a formal complaint with the Guyana Police Force, following the damning revelations in the audio recording.
In that recording the Attorney General can be heard telling the Kaieteur News reporter: “no hear nah you know how it gun stop? somebody gun go into Kaieteur, you see everybody nah gat as I told Adam (Harris) today I said Adam everybody don’t joust everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon, I told Adam, I said Adam people got weapons right, is not newspaper they gonna use as a weapon they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f%@king Saffon Street Office and wha come suh do and innocent, peter gun gah pay fuh f%@king paul in deh one day, me ah tell you innocent, me a tell you honestly man to man that gun happen soon.”
Nandlall was also overheard telling the reporter: “I told, I told Glen I meet with Glen I sit and down and talk with him (inaudible) I use some money from the government and Glen mek an issue of it I pay back deh f&@king money long before he even mek de issue and he know about it because wha it pay fuh…Remember you were going to publish something (inaudible) about my wife and so on…months ago not now months ago (inaudible) but I just, I am not worried about what he gun publish, me I am a f&@king thoroughbred , I I just don’t want him to publish things about me wife that is all I don’t want you understand because she is innocent.”
He goes further; he touts himself as a Kshatryia, pronounced “Chatree”, and unabashedly places himself in a superior social position to former President Bharrat Jagdeo, owner of the New Guyana Pharmaceutical Corporation, Dr Ranjisinghi ‘Bobby’ Ramroop and Head of the Privatization Unit, Winston Brassington.
However, the government chose to ignore the obvious threats to the publisher and staff of the newspaper and to come out in support of Nandlall.
In a statement, the government sought to accuse the newspaper of manipulating “a private conversation of a Government Minister, whose conversation was illegally recorded, and distorted, and broadcast.”
“We stand by the Attorney General, as the Government of Guyana goes out of its way to foster peace and goodwill. We believe in the integrity and professionalism of the Minister of Legal Affairs, Mr. Anil Nandlall, and stand by him,” the government statement said.
October 31, 2014
Ramotar’s support for Nandlall promotes Gov’t secrecy and lack of transparency – GHRA
The following is the full text of a statement from the Executive Committee of the Guyana Human Rights Association.
“The tirade of threats, coarse language, suggestions of misuse of public funds and anti-women comments by Attorney-General and Minister of Legal Affairs, Anil Nandlall, during a recent telephone call to a Kaieteur News reporter, has generated public astonishment and calls for his resignation.
Almost as shocking as the incident itself, however, is the hapless defense of Nandlall by President Ramotar on the flimsy grounds that the taping of the conversation was illegal.
The failure of the President to distance the Cabinet and himself from the content of the call has effectively elevated Nandlall’s action from a personal rant to being the latest step in the increasingly desperate official response to the campaign by Kaieteur News for greater official transparency on public funds involved in a range of controversial projects.
These include the secretive government agency NICIL, ownership of the Marriott Hotel, the privileges enjoyed by the companies which benefitted from the Sanata Complex give-away; telecommunications deals and the Bai Shan Lin contract.
Efforts by Government to resist providing Parliament and the public with this information have spiralled downwards over the years. Along the way, secrecy and lack of transparency has taken its toll on a number of Government mechanisms.
These include the politically-poisoned implementation of broadcast license distribution; years of foot-dragging over establishing the Procurement Commission; appointing a Commissioner of Information who views his role more as guard-dog than gatekeeper, together with comprehensive and continuous abuse of the State-owned media.
This obsessive control of information has provoked more confrontational demands from a frustrated media, which in turn generated Government responses targetting media workers in the form of libel suits and the intervention of the Guyana Revenue Authority (GRA).
It was Kaieteur News’s retaliation to the GRA action, in questioning whether one of the relatives of the Attorney-General should not also be the focus of a similar investigation that appears to have prompted the ill-tempered telephone call.
Whether Mr. Nandlall is forced to resign or not – and the Guyana Human Rights Association (GHRA) believes that resignation is in order – this alone will not resolve the underlying issue. At bottom this latest incident, with all its demeaning characteristics, is rooted in systematic abuse of a core element of democratic practice, namely, not accounting for the use of public funds in a transparent manner. The more fundamental question, therefore, is whether, regardless of the cost to governance and to the quality of public life, the Government intends continued resistance to provision of timely and accurate information on its stewardship of public funds.”
October 31, 2014
KNews boss submits two statements to Police
The police yesterday issued a public statement saying that following a report made by Publisher of the
Kaieteur News, Glenn Lall, against Attorney General Anil Nandlall, they have been unable to make contact with Lall.
The statement said that this would severely limit the investigations.
Lall has said that it appears that the Police are now attempting to “hoodwink this nation”.
He said that his contact information is public knowledge and that he had been in constant contact with the Guyana Police Force all day yesterday.
“If any member of the Guyana Police Force wishes to make contact with me, I can be reached at (592) 624-6456. My office number is (592) 225-8463.”
Lall said that he is willing to meet with investigating ranks in order to ensure that they get whatever information they require, so as to facilitate a speedy investigation.
In the public statement, yesterday, the police said that with reference to Glenn Lall’s report to the police of threats to him and Kaieteur News by the Attorney General and Minister of Legal Affairs, the Guyana Police Force is informing the public that Lall has submitted three prepared statements as well as an audio recording and a transcript of that recording in relation to the report made.
However, Lall said that he presented two written statements.
The police statement said, too, that the police investigators in this matter have identified a number of issues in the prepared statements that require clarification.
The Police claimed that “they have made several attempts to contact Mr. Glenn Lall in order to have this done, but their efforts have been futile.”
The Police further claim that yesterday the Police Divisional Commander of “A” Division wrote to Lall, advising that he subject himself to a police interview in order to address the required clarification.
Lall confirmed that he did receive a correspondence from the Commander on Wednesday.
The Police said that “unto the time of this press release Mr. Glenn Lall has not presented himself for the interview, nor has he made contact with the Divisional Commander regarding the letter.”
According to Lall, he was flabbergasted to see such a public pronouncement by the Police.
According to Lall, around noon yesterday, several hours before the police statement, he had called Detective Deputy Superintendent, Kingston, to enquire of the progress being made into the investigation.
Lall said that he was told by the Police rank that a statement from the reporter Leonard Gildarie was required, and that he was informed that the reporter was out of town.
Lall said that he even enquired whether a statement was taken from Nandlall in relation to the allegations made.
Commenting on the need to present himself to the police, Lall said that it is the duty of the police to pursue the investigation. He said that when he heard that the Police had issued a statement claiming that they could not make contact with him, he took it at first as a joke since he is accustomed to seeing similar hilarity published in the Guyana Chronicle and Guyana Times.
According to Lall, sometime later in the evening, he was contacted by Attorney-at-Law, Christopher Ram, who inquired of the contents of the police statement. They both went to the Brickdam Police Station.
Lall on Monday, last, lodged an official report with the Guyana Police Force after an audio recording between Nandlall and Gildarie surfaced and implicated Nandlall in a violent plot against this newspaper, its staff and owner.
Nandlall could be heard on the audio recording advising the senior reporter to get out of the Saffon Street office, which he described as a “dangerous place”.
He hinted at an intended hit on Lall and the establishment.
The Government has since come out in defence of Nandlall saying that it was a “loose private conversation which was illegally recorded and further manipulated”.
The government’s statement however did not address the contents of the recording although it admits that the recording was authentic.
President of the Guyana Bar Association, Ronald Burch-Smith, speaking in a personal capacity, has said that a number of issues raised in the contents of the audio recordings should be clarified by either Nandlall or his employers.
According to the Attorney-at-Law, “If it is that the Guyana Government is condoning violence against the press then it is indeed a disturbing revelation.”
According to Burch-Smith, it is high time that the Attorney General or his employers come out and clarify the expletive-laden statements which speak to violence against the Kaieteur News and its staff, an attack on the freedom of the press, misuse of public funds by a public official, as well as his loose comments against women, specifically a reporter employed at the Kaieteur News.
October 31, 2014
Startling revelations in recording…Mr. Nandlall has been caught with his pants down – AFC’s Moses Nagamootoo
The disturbing revelations by Attorney General (AG) Anil Nandlall, in a recorded conversation with a senior reporter
of the Kaieteur News, Leonard Gildarie, of a plot to launch a brutal attack on the newspaper’s publisher, Glenn Lall and his employees, have without a doubt unmasked the extent of Mr. Nandlall’s terrorist tactics.
This is the view of Vice Chairman of the Alliance For Change, Moses Nagamootoo.
An experienced journalist and parliamentarian, Nagamootoo opined that to add insult to injury, after the Attorney General admitted to having the conversation with the reporter, President Donald Ramotar came out in support of the government’s “blue-eyed boy”.
“It is a sorry day for Guyana that the President of the Republic, Donald Ramotar, could sanction such madness, and sought to protect an integrity that Anil Nandlall himself has shattered with vulgar expletives,” Nagamootoo lamented.
The parliamentarian asserted that he was particularly disturbed that Nandlall could “flippantly induce a reporter to get out while he can” and be a part of a secret consortium of the highest breed of reporters. Nandlall termed it to be “an elitist press team”.
The AFC Vice Chairman said that the AG used terrorist tactics of an imminent attack on the Kaieteur News in his bid to buy the reporter to leave what he saw as “a dangerous place”.
Nagamootoo emphasized as well that Nandlall during his 19-minute long conversation with the reporter did not request that his comments be treated as “off the record”. “In light of such negligence, the learned AG could claim no privacy or privilege,” Nagamootoo asserted.
“Mr. Nandlall has been caught with his pants down and, sadly, he has become a discredited Attorney General and Minister of Legal Affairs. He should call it a day, before he drags the PPP deeper into the cesspit.”
In addition, the AFC Parliamentarian said that the Minister was obsessed over a female reporter and was clearly
“trying to pimp for a third person,” whom he portrayed as a rich “bad-man”.
More disgusting, Nagamootoo said, is Nandlall’s admission that he had accessed and used government’s money for a personal purpose, which he claimed that he has since repaid.
The country’s largest Opposition bloc, A Partnership for National Unity (APNU), said recently that they will be investigating this “callous betrayal and unfair misuse of state funds.”
Nagamootoo gave support for such action by APNU as he stated that eyebrows should be raised as to whether, as a senior state functionary, the AG was entitled to such funds. He emphasized that an investigation into that transaction ought to take place now.
He added, “When I read the transcript of the interview, it looked like a hoary chapter from “Murder She Wrote”. Nandlall’s depiction of an attack on Kaieteur News ought to have sent chills up the spine of even the most courageous reporter and press worker. I could only imagine big weapons, shooting up Glenn Lall and his staff, in a violent, bloody, orgy.
Nandlall, caricatured the hari-kiri, as that of “Peter paying fuh Paul” which would ensue when vengeful, unknown persons train their weapons at the Saffon Street press.”
“Mr. Nandlall is obviously intoxicated with power, or else he would have realized that innocent persons would be killed. But in an apocalyptical manner, he dismissed the blood-bath as inevitable.”
Since the damning recording, the Publisher of the Kaieteur News lodged a formal complaint with the Guyana Police Force.
The pressure for Nandlall to demit office immediately continues to increase from the citizenry as well as the joint political Opposition.
November 1, 2014
Vienna-based press body supports Kaieteur News
Following the release of an audio recording between Attorney General, Anil Nandlall and a Senior Journalist attached to Kaieteur News, there have been incessant attacks against this publication.
There have also been suggestions that there was some element of criminality involved in obtaining the recording.
Many including the Guyana Bar Association, the Guyana Women Lawyers Association and the Political Opposition among others have since called the actions by the ruling administration an attack on press freedom that should be condemned by all and that the Attorney General should be sacked immediately.
Below is the full text of the International Press Institute based in Vienna, Austria:
VIENNA: – The International Press Institute (IPI) has expressed deep concern over a recorded phone call in which a person identified as the Attorney General of Guyana appeared to suggest that staff members of the daily Kaieteur News risked deadly reprisal if the paper continued its critical reporting.
On October 28, Kaieteur News published the recording and a written transcript of what it said was a phone call made by Anil Nandlall, Guyana’s Attorney General and Minister of Legal Affairs, to one of the paper’s senior reporters. Nandlall has not denied that the call took place and Guyanese media have widely reported the voice to be his.
During the 19-minute conversation, the speaker identified as Nandlall can be heard stating that “everybody don’t have a newspaper to use as a weapon … if [Kaieteur] continue to attack people like this and they [people] have no way of responding, they will just walk with their weapon into that same F**king Saffon Street office and wah [sic] come shall do”.
The speaker then warns the reporter: “My advice to you is that you should move out of there … it is a dangerous f**king place to work … I am telling you, read between the lines.”
Guyana’s two main opposition parties, A Partnership for National Unity (APNU) and the Alliance for Change (AFC), have called for Nandlall’s resignation in response to the recording. In a statement, the Guyana Press Association (GPA) termed the comments “reckless, irresponsible and outrageous”, and demanded that the government condemn them.
In an interview Wednesday with Guyana’s official news agency (GINA), Nandlall insisted that the call constituted a “personal matter”. The government has publicly stood by the Attorney General; quoted in the same GINA article, President Donald Ramotar stated that Nandlall had been “illegally taped” and his comments “taken totally out of context”.
Earlier, a government statement called the paper’s publication of the material “indecent and immoral” and hit out at “these vicious enemies of the Government of Guyana”.
Since the publication of the recording and the transcript, Nandlall has filed a G$30 million (€115,000) defamation lawsuit against Glenn Lall and Adam Harris, Kaieteur News’ publisher and Editor, respectively. The suit claims that the headline (“Attorney General Reveals Plan to ‘HIT’ Glenn Lall, Kaieteur News”) and article that accompanied the recording falsely implied that Nandlall was involved in criminal activity.
Yesterday, IPI Press Freedom Manager Barbara Trionfi expressed solidarity with the Guyanese media community.
“The safety of journalists is an extremely serious matter and we are deeply troubled by the alleged contents of this recording,” she said. “Insofar as these comments risk giving the impression that violence is an appropriate response to unfavourable media coverage, such statements have an impact far beyond the individual newspaper in question: they place all of Guyana’s journalists in danger.
“The Government of Guyana should focus now on making it clear that violence against the press will not be tolerated, and on reassuring the international community that it takes its responsibility to protect Kaieteur News staff and all other media practitioners in the country seriously.”
In recent months, Kaieteur News has been the frequent target of government ire, which the paper attributes to its aggressive reporting on allegations of corruption and nepotism in the public sector. In August, following investigations by the paper into the workings of the country’s tax authority, Lall became the target of what supporters say is a politically motivated tax fraud probe. The following month, Guyana’s Tax Commissioner, Khurshid Sattaur, filed a G$ 500 million (€2 million) libel lawsuit against Lall and Harris.
Also in September, Kaieteur News released what it said was a leaked email exchange between Sattaur and Nandlall. In the alleged exchange, the writer identified as Sattaur appeared, in connection with a desire to protect his reputation, to raise the possibility of pressing criminal fraud charges against Lall. The writer noted that a Kaieteur News columnist, Freddie Kissoon, no longer wrote “trash” about him “because multi-million-dollar assessments [sic] hang over his head like the sword of damocles [sic]”.
The government has responded to the reports by initiating an investigation into alleged illegal hacking, citing concerns over “national security”.
In 2013, IPI conducted a press freedom mission to Guyana under the auspices of its criminal defamation campaign in the Caribbean. In a subsequent mission report, IPI described serious challenges faced by private media, including aggressive government rhetoric against criticism and discrimination in government advertising and broadcast licence allocation.
The report also noted that instances of physical violence against the press remained a concern in Guyana, citing as an example a series of disturbing attacks on Kissoon. IPI has also documented the country’s continued failure to secure justice for the 2006 murder of journalist Ronald Waddell.
November 1, 2014
‘Illegal intercept’ charges against KNews ‘Utter Nonsense’
…would constitute a grave attack on press freedom – Woolford
By Gary Eleazar
It has been condemned as illegally obtained by none other than Head of State, Donald Ramotar—an audio recording of Attorney General, Anil Nandlall, making threats against this publication—but for the administration to pursue charges against Publisher Glenn Lall and Editor-in-Chief, Adam Harris, under the rubric of illegal interception would be “utter nonsense.”
This is the view of veteran broadcaster and executive member of the Guyana Press Association, Enrico Woolford.
Yesterday, Woolford said during a candid interview, that should this course of action be pursued it would result in Guyana becoming the laughing stock of the Caribbean, “if we continue along this slope of jackassery.”
“This country is going crazy; somebody is going crazy where these laws are being used whimsically and flippantly.”
Woolford said that it would be utter nonsense to use the Interception of Communication Act to deny journalists and media houses of the tools of their trade.
According to Woolford, “We live by recordings, we record people, we record either by pen, audio or video. Having done that, we cannot be therefore subject to any interception law.”
Woolford is adamant that the Interception of Communication Act of 2008 was and is intended for telecommunication providers such as Digicel, GT&T and any other such provider that may come on stream in future whether private or public.
According to Woolford, when people call into media houses, media houses are recipients of information and media houses must have that fundamental right to record that information either on audio or video or somebody actually sitting and writing the information.
“For you to come and say that a sender sends the information, a receiver receives it but if the receiver uses the information or tells their bosses that information or give that information to their boss, then the bosses have intercepted the communication is utter nonsense,” said Woolford.
Reading Problem
Asked about the specific law that the authorities seemingly are relying on to pursue charges against Lall and Harris, Woolford said, “We seriously have a problem with reading and comprehension in this country.”
Regardless of whether lawyers are advising members of the Guyana Police Force, they first have to read and understand. “You have to understand what you are reading.”
The act is very clear. “(It) is for telecommunication providers and anybody else who may seek to get in between the channel of communication.”
He added that the fundamentals of communication revolve around the sender, recipient and the channel used.
“If I am at the end with the receiver how am I intercepting my own conversation? The conversation is coming to me,” questioned Woolford.
Woolford said that the Act is very clear in that it spells out what is interception which comes with a caveat that all or some or all of the contents of the information intercepted is meant to be shared with a person other than the sender or intended recipient of the communication.
“Suppose Anil Nandlall has recorded the same conversation, has he intercepted the conversation?
Woolford was adamant that should Nandlall have recorded the conversation also, he would not have been guilty of interception of communication and in the same vein if the reporter recorded the conversation, he too would not be guilty of any interception of communication.
He quickly pointed out that if another media outfit would have had a device capable of monitoring and recording the conversation between Nandlall and the reporter then that media house would have been guilty of interception of communication.
Double Standards
Woolford also weighed in on Nandlall’s double standards in relation to the right of privacy. Following another phone scandal in 2006, where a telephone conversation had surfaced reportedly between the then Commissioner of Police, Winston Felix, and Executive Member of the People’s National Congress, Basil Williams, Nandlall at the time was quick to point out that there was no right to privacy.
According to Woolford, in this case it is because Nandlall “in the sauce now…that is why (Nandlall’s position) is differing.”
Press Freedom
He pointed out however that having regard to the extant (existing) law which was not in existence in 2006, “it clearly cannot mean that the recipient cannot record or the sender cannot record and if it does then all of the press, not only in Guyana but in the Caribbean and the Commonwealth. ought to raise an alarm that Guyana is slipping down the slope.”
According to Woolford, if for whatever reason the authorities move ahead with filing charges against Lall or Harris, then it would represent a very serious indictment and would also constitute a grave attack on press freedom in Guyana.
“It is very stupid on behalf of the Police if they do that…Just because your bosses or your masters or your policy makers decide that you should follow a certain route, you have to be independent thinkers, you have to read and understand the law, you have to read and comprehend; you just can’t decide that you are doing something because somebody told you to do it.”
He said, too, that he would also lose confidence in the ability to perform his duties as a journalist in Guyana.
Woolford was adamant that such a course of action by the Guyana a Police Force against members of the media or a media house would have serious repercussions.
He accused the authorities of seeming to be focusing more of its attention on the source of the recording than against its contents.
He said that what is currently transpiring is an act of diversion, the threat of a charge under the Interception of Communication Act.
“The more germane issue is the content…the things the AG said and who he implicated by saying what he said.”
Woolford said that the entire fiasco has proven to him something that he has heard for many years – fact that there are people who live one life in public and another in private.
He did concede that while all human beings must be able to enjoy a private life, as a public figure, once a position is taken publicly and another put on display while in private, “then we are in trouble because it is sending a signal that there are rules for some and rules for others.”
He said for this sort of action to be allowed to continue then today it would be Glen Lall, but in future other media houses will also become the subject of similar persecution.
Woolford also lamented the public position taken by Head of State Donald Ramotar, who has thrown his full support behind Nandlall. Woolford said that the President was clearly ill-advised.
November 1, 2014
Recorded threat against Kaieteur News…Legal fraternity calls for immediate sacking of Nandlall
…any other result would be an endorsement of the AG’s conduct
“Even in private conversation the comments are deeply troubling and inappropriate and their candid nature, unbridled by the conventions of public discourse, calls his character and professionalism into question.”
In what has clearly been the most influential and strongly worded response to date, the Guyana Bar Association
and the Guyana Women Lawyers Association, yesterday roundly condemned the recent actions put on display by Minster of Legal Affairs and Attorney General, Anil Nandlall, which was exposed via publicized audio recording.
By way of a public statement yesterday the two leading bodies, representative of the local legal fraternity, said that it wishes to “express their concern and consternation at the recorded conversation between the Attorney-General and a member of the media.”
According to the two bodies, “everything done and said by the Attorney-General since the disclosure of the conversation invites us to draw every and all reasonable inferences therefrom.”
The Guyana Bar Association is headed by Attorney-at-Law, Ronald Burch-Smith, while its female counterpart is headed by Simone Morris-Ramlall.
Both bodies contend that the statements made by the Attorney-General point to serious legal and moral infractions on his part having regard to his standing as one of the highest legal officers in the country.
The two bodies have observed that in the recording, the Attorney-General offered in vulgar and obscene language, knowledge of actual and planned illegal activities.
“Even in private conversation the comments are deeply troubling and inappropriate and their candid nature, unbridled by the conventions of public discourse, calls his character and professionalism into question.”
According to the joint statement issued, “we are most concerned that the Attorney-General appeared to be acknowledging that the use of deadly violence against the media was an acceptable reaction to frustration where public officials and other citizens are offended by what is reported about them.”
It did not escape the legal fraternity too that Nandlall in his tirade, also referred to making restitution of funds used by him for some purpose which he did not want the press to report about.
“The President of Guyana is said to have participated in conversations with a defendant in extant criminal prosecution
to have same discontinued in return for less critical reporting by her co-defendant…Equally disturbing is his persistent objectification of the unidentified woman, which conduct flies in the face of the Government’s obligations and commitments regarding respect for women.”
According to the two legal bodies, freedom of the press and freedom of speech are essential to the rule of law and political democracy.
“These freedoms result frequently in the publication of true information which may be offensive or embarrassing to some persons…But the Attorney-General needs no lecture on such matters…His Government is well acquainted with the perils of a society where the media must be ‘well-behaved’ or otherwise risk being killed or intimidated.”
According to the two umbrella bodies for Lawyers in Guyana, public officials are given wide powers and great responsibility to make thousands of important decisions, many of which never see the light of day.
“We expect in return for the privilege of office, that they demonstrate good character and judgment…Where they demonstrably fail to do so either by public action or by private conduct which bears on their fitness for office, as the Attorney-General has done, such public officials should be removed from office.”
The Guyana Bar Association and the Women lawyers Association categorically denounced the actions of the Minister and said that as leader of the Bar, the Attorney General, mindful of the honour, dignity and integrity of his office should resign
immediately.
“If he does not resign he should be removed…Any other result would be an endorsement of the Attorney-General’s conduct and an admission by the Executive that the highest moral and legal standards are not applicable to the State.”
In the now infamous recording Nandlall could be overheard advising a senior reporter of the Kaieteur newspaper to get out of the Saffon Street office, which he described as a “dangerous place”.
He hinted at an intended hit on Lall and the establishment.
“No, hear nah, you know how it gun stop? Somebody gun go into Kaieteur…You see everybody nah gat, as I told Adam (Harris) today …I said Adam, everybody don’t just…everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon. I told Adam, I said ‘Adam people got weapons, right?
“Is not newspaper they gonna use as a weapon; they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f***ing Saffon Street office and wha come suh do, and innocent… Peter gun gah pay fuh f***ing Paul in deh one day.
“Me ah tell you innocent, me ah tell you honestly, man to man, that will happen soon. So the quicker you get out of deh the better.”
Describing himself as a “thoroughbred” and as a “Kshatriya” (pronounced Chatree), a reference to an upper social class in India, known to be united by their claims to rulership, the pursuit of war, or the possession of land,Nandlall hurled a string of expletives in his almost 19-minute harangue on the intended plan against Lall.
He portrayed himself as a “bad-man” who “running things” in Guyana. He boasted that the former President, Bharrat Jagdeo, his best friend Bobby Ramroop and Winston Brassington, are no match for him.
The Government has since come out in defence of Nandlall saying that it was a loose private conversation which was illegally recorded and further manipulated.
November 1, 2014
Police drop veil of impartiality, target Kaieteur News
…ignore threats by Anil Nandlall
The police abandoned all pretence of impartiality and neutrality when they signaled that they may institute charges against Kaieteur News reporter Leonard Gildharie. Gildharie was the recipient of an epithet-laced conversation with Attorney General Anil Nandlall on October 25, last.
The contents of the conversation were made public after a copy was handed over to the police by Publisher Glenn Lall. Lall also gave three statements and transcript of the telephone conversation to the police.
In the conversation, Nandlall told Gildharie that Kaieteur News had become a very dangerous place and that he should leave to avoid being at the wrong place at the wrong time.
Yesterday morning the police threatened to arrest Gildharie at his home. The reporter said that ranks turned up at his home and invited him to the police station. Immediately, he questioned whether he was under arrest only to be told that he was not. He said that he informed them that if he was not under arrest then he would complete some business at hand before venturing to the police station.
Gildharie said that the ranks insisted that he accompany them to the police station. He said that he asked about the consequences should he refuse and was told that the police would then be prepared to take “it to the next level.” They drove in his car to the Brickdam Police Station and at that stage he was considered under arrest.
At the police station and in the absence of his lawyer Gildharie declined to answer any question. The police acquiesced. His Attorney duly arrived and a new appointment has been rescheduled.
By then, the police learnt that some mobile phones have a feature that allows the owner to record every telephone conversation over the instrument. Investigating rank, Deputy Supt Michael Kingston, had been pursuing the line that the call between Nandlall and Gildharie had been intercepted. He even presented to Gildharie law volumes on interception of wireless telecommunication.
Since then, lawyers having examined the Interception of Communication Act, are questioning the police pursuit of charges against anyone associated with the Nandlall telephone conversation.
The Act states, inter alia, ‘Intercept in relation to telecommunication means, (b) monitoring and recording or modification of, or interference with the telecommunication system by means of which the communication is transmitted so as to make some or all of the communication available to a person other than the sender or the intended recipient of the communication and interception shall be construed accordingly.’
The lawyer said that the call was not intercepted since it reached the intended receiver uninterrupted. Certainly the receiver could not intercept his own call in accordance with the wording of the Act, he added.
Meanwhile the police are still to question Nandlall. Attorney at law, Chris Ram, said that in what is certainly a case of the state using the Guyana Police Force or the policemen placing themselves as tools of the administration.
The investigation has nothing to do with the threat of physical harm to Kaieteur News. Rather it has to do with protecting Nandlall from his own outburst.
Publisher Glenn Lall recalled three of his staff members spending a night in the cells of the Brickdam Police Station for merely driving around State House twice within an hour.
November 2, 2014
AG’s recorded threat against KN…Govt obsessed with dominating media – says former House Speaker
After serving as House Speaker for over 20 years, Sase Narain, a lawyer by profession, has said that he is not the
least bit surprised by the despicable actions of Attorney General Nandlall as he exposed a plot to viciously attack Kaieteur News publisher, Glenn Lall, and his staff members.
The expose was contained in a 19-minute long recorded conversation with a Kaieteur News reporter.
Yesterday, Mr Narain said that the People’s Progressive Party has always been vociferous in its quest for absolute domination. Such behaviour during the time he served as Speaker from 1971 to 1992, he said, showed itself in some of the most obvious forms and at times in the most subtle ways.
Narain said that he is not shocked by Nandlall’s behaviour for he saw those signs since the 1970s. The only difference in this era is that the government is simply showing its true colours without all the subtlety.
The House Speaker then reflected on Nandlall’s conversation that contained the Attorney General’s admission that he took money from one Ministry for his wife’s health but emphasized that the money was repaid.
“I want to ask Nandlall, lawyer to lawyer, if you commit a crime, as in you thief money but you give back the stolen funds, does that mean you didn’t commit the crime? That you should be pardoned? You committed a crime that attracts a penalty,” Narain said.
The political opposition recently stated that this aspect will be investigated.
Narain said, too, that the government has deteriorated considerably. “Nandlall’s actions do not shock me. Look at the persons they are putting in these prominent positions. But when you talk in this country you become a victim. That’s what politics has gone to. When you don’t support the government it tries to break you; that’s politics now.”
Narain said that the AG’s action reflects government’s obsession with dominating the media “so you can only
hear their side. It’s frightening, it is scary, but we the people need to be courageous and stand up…The media play a chief role in ensuring democracy.”
The political opposition—the Alliance For Change and A Partnership for National Unity, the Guyana Human Rights Association, the legal fraternity, and even the international media community have all expressed support to stand alongside the publication and have also condemned Nandlall for his actions. Calls continue to mount daily for the resignation of the Attorney General despite Government’s continued support for its “blue-eyed boy who was caught with his pants down”.
In the recorded conversation, Nandlall said, “No, hear nah, you know how it gun stop? Somebody gun go into Kaieteur…You see everybody nah gat, as I told Adam (Harris) today …I said Adam, everybody don’t just…everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon. I told Adam, I said ‘Adam people got weapons, right?
“Is not newspaper they gonna use as a weapon; they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f***ing Saffon Street office and wha come suh do, and innocent…Peter gun gah pay fuh f***ing Paul in deh one day.
“Me ah tell you innocent, me ah tell you honestly, man to man, that will happen soon. So the quicker you get out of deh the better.”
Describing himself as a “thoroughbred” and as a “Kshatriya” (pronounced Chatree), a reference to an upper social class in India known to be united by their claims to rulership, the pursuit of war, or the possession of land, Nandlall hurled a string of expletives in his almost 19-minute berate on the intended plan against Lall.
He portrayed himself as a “bad-man” who “running things” in Guyana. He boasted that the former President, Bharrat Jagdeo, his best friend Bobby Ramroop and Winston Brassington are no match for him.
November 2, 2014
Threats are tantamount to Mafia behavior – GTUC
The GTUC condemns in the strongest possible term the content of Attorney General (AG) Anil Nandlall’s recorded conversation with a media reporter.
In a press release, the GTUC said that the abuse of privilege vested in our elected officials must not be tolerated and every citizen, regardless of political persuasion, ethnicity or creed, has a responsibility to protect our laws and avoid the transgressing of rights and privileges.
A clear message ought to be sent to those in the Government who seek to justify or defend the AG’s despicable conduct, it said.
The question before us is not whether the conversation was illegally taped as the government seems pre-occupied with. This is fake concern and diversionary tactic coming from a government who used similar act- as conducted by Roger Khan- to condemn and call on former Commissioner of Police, Winston Felix to resign because of the content of a taped conversation involving him.
What we are witnessing here is not only double standards, but downright wickedness, contempt for others and abuse of public office.
When the Attorney General can flaunt his caste status with contempt for others he clearly perceived as lesser than, in a society whose Constitution says all are equal, but moreso his access to the corridors of power and the abuse of such power in furtherance of a chokehold on society, it says we are living in dangerous times.
The AG’s threats as heard in the recording are tantamount to Mafia behaviour. The claimed knowledge/threat to the use of weapons in the building of Kaieteur News would obviously bring destruction to lives and property.
We condemn it and call on all Guyana to be vigilant in the face of this provocation.
Threat to freedom of the press
What is driving the defilement of our public offices is the intent of the office holders to silence the independent press.
The never-ending assault on press freedom has become characteristic of the Jagdeo/Ramotar administrations, which seem hell bent on silencing some sections in the media fraternity, in their desire to control the nation’s narrative and determine how the citizenry interpret reality.
Freedom of the press is integral to maintaining this openness in the fight for an equitable and just society. This freedom must not be stifled or silenced. A free press must be allowed to bloom because it is a critical pillar for good and accountable government.
November 2, 2014
KNews senior reporter fearful for life
…also questions impartiality of police’s investigation
A senior reporter attached to the Kaieteur News has now expressed concerns over the non existent impartiality of the
police to investigate the matter. He has also expressed a fear for his life and that of his family members.
Leonard Gildarie, the reporter now at the centre of the increasing reportage following a phone call from the Attorney General, issued a public statement and cautioned that while he was advised by his attorneys not to make any public pronouncements on the matter said “I am not restrained from expressing deep fears for my safety and that of my family.”
Gildarie noted too, “I am, also, because of a series of developments, deeply concerned over the (lack of) impartiality of any probe, for a number of reasons.”
According to the reporter, he has seen a number of laughable news reports “that I have been on the run from the police”.
Gildarie by way of his public statement said that “over the week I have been in contact with police officers, including Mr. Kingston from Brickdam (Police Station).”
He went further to say that the said officer “even called me on a phone number that belonged to a family member, strange enough.”
According to Gildarie, he told the police rank that a written statement is being prepared.
“Much to my surprise, they issued a statement Thursday that I am showing reluctance to make contact…On Friday, I delivered a written statement to the Police. Again (yesterday) Saturday, I was present with my lawyer…the police had some additional questions…We are in the process of submitting the answers.”
He expressed his deepest gratitude to the many persons who would have called and lent support over the past few days.
“It has indeed been an extremely challenging period for us…By now, my fellow Guyanese would have learnt of the telephone conversation last Saturday between myself and the Attorney General, Anil Nandlall.”
He observed too that “numerous statements have come from the local NGOs and other international bodies expressing condemnation.”
Contrary to reports that Gildarie was fired from this publication and was on the run from the Police, the statement issued clearly refutes this claim.
In the recorded telephone conversation last Saturday between Gildarie and the Attorney General, Anil Nandlall, and now public audio, Nandlall, while hurling a number of obscenities, conceded knowledge of an imminent attack against Kaieteur News, where the innocent could also be cut down as collateral damage.
Nandlall also confessed to knowing of several power persons who would have become sensitive to the reportage by this publication and even pointed to a family member whom he had to restrain.
In that now infamous recording, Nandlall can be overheard telling Gildarie to get out of the Saffon Street office, which he described as a “dangerous place”.
He hinted at an intended hit on Lall and the establishment.
“No, hear nah, you know how it gun stop? Somebody gun go into Kaieteur…You see everybody nah gat, as I told Adam (Harris) today …I said Adam, everybody don’t just…everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon. I told Adam, I said ‘Adam people got weapons, right?
“Is not newspaper they gonna use as a weapon; they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f***ing Saffon Street office and wha come suh do, and innocent… Peter gun gah pay fuh f***ing Paul in deh one day.
“Me ah tell you innocent, me ah tell you honestly, man to man, that will happen soon. So the quicker you get out of deh the better.”
The Government has since come out in defence of Nandlall saying that it was a loose private conversation which was illegally recorded and further manipulated.
November 3, 2014
Anti Corruption body calls for Nandlall’s head
…investigate AG’s income, assets; knowledge of planned criminal activity
“His revelations of personal financial impropriety and tacit approbation of impending extra-judicial sanction against the government’s perceived opponents bring the legal profession as a whole, of which he is the supposed leader, to an unprecedented low.”
Following the now infamous recording between Attorney General, Anil Nandlall and Senior Kaieteur News, Journalist, Leonard Gildarie, where the Government functionary intimated knowledge of an imminent violent attack on this newspaper, another prominent group has publicly called for his sacking.
Transparency Institute Guyana Inc. (TIGI) is the latest Non Governmental Organisation to come out against Nandlall and joins entities such as the Guyana Human Rights Association, the Guyana Bar Association, the Guyana Association of Women Lawyers and the Guyana Press Association among others who have all issued unequivocal calls for the resignation or removal from public office of the Attorney General of Guyana, Mohabir Anil Nandlall.
According to the local arm of the Transparency International Group, the contents of the recorded telephone conversation between the AG and Glidarie are as shocking as they are revealing.
“That conversation has thrown up a deeply disturbing array of issues that concern, at a minimum, unethical behaviour and integrity in public office, and at worst, multiple illegalities on the part of the Attorney General and the government.”
TIGI noted that in his vulgar tirade, the AG displayed an appalling disregard for the administration of justice, women, journalists, freedom of the press and the rule of law.
“His revelations of personal financial impropriety and tacit approbation of impending extra-judicial sanction against the government’s perceived opponents bring the legal profession as a whole, of which he is the supposed leader, to an unprecedented low.”
According to TIGI, it is yet another blow to a justice system that has facilitated, under the current administration, impunity for high-ranking officials, and even the appointment of an appellate judge while under investigation in another country.
“But even by these low standards, Nandlall’s conduct has brought his office into disrepute and he should immediately resign.”
It was noted too that in the interest of transparency and accountability, TIGI further calls on the Guyana Government to make public information on how much money was borrowed by the AG from public funds, by what legal mechanism this facility exists, and what category of persons would be entitled to same.
“This scandal once again underscores the need for transparency and accountability in government and the urgent need for a functioning Integrity Commission with independent and impartial Commissioners….In fact, given the AG’s boast that he retired from private practice at age 38 as a result of his accumulation of wealth, TIGI hopes that both the Guyana Revenue Authority and the Integrity Commission’s Secretariat are in possession of appropriate and accurate returns and declarations that reflect the AG’s income and assets.”
TIGI said that from its inception it has consistently promoted the principle that public officials in positions of trust must be held accountable; Government and Ministers are subject to the rule of law, which requires that the criminal law of the land be applied to all.
According to TIGI, “the AG’s admissions and apparent knowledge of planned criminal activity require independent investigation, which should not be covered up because of his office.”
TIGI emphasized that it is for these reasons it urges the government to abandon its hasty defence of the AG on the basis of non-existent privacy laws, and instead ensure that his revelations of financial impropriety and other abuses of his office are immediately investigated and prosecuted if necessary.
“In this regard, the government would do well to remember the Privy Council’s memorable caution that the ‘maintenance of public confidence in the administration of justice requires that it be, and be seen to be, even-handed.”
In the recorded telephone conversation last Saturday between Gildarie and the Attorney General, Anil Nandlall, and now public audio, Nandlall, while hurling a number of obscenities, conceded knowledge of an imminent attack against Kaieteur News, where the innocent could also be cut down as collateral damage.
Nandlall also confessed of several powerful persons who would have become sensitive to the reportage by this publication and even pointed to a family member whom he had to restrain.
In that now infamous recording, Nandlall can be overheard telling Gildarie to get out of the Saffon Street office, which he described as a “dangerous place”.
He hinted at an intended hit on Lall and the establishment.
“No, hear nah, you know how it gun stop? Somebody gun go into Kaieteur…You see everybody nah gat, as I told Adam (Harris) today …I said Adam, everybody don’t just…everybody, wait hold on…everybody doesn’t have a newspaper to use as a weapon. I told Adam, I said ‘Adam people got weapons, right?
“Is not newspaper they gonna use as a weapon; they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f***ing Saffon Street office and wha come suh do, and innocent… Peter gun gah pay fuh f***ing Paul in deh one day.
“Me ah tell you innocent, me ah tell you honestly, man to man, that will happen soon. So the quicker you get out of deh the better.”
The Government has since come out in defence of Nandlall saying that it was a loose private conversation which was illegally recorded and further manipulated.
November 3, 2014
AG’s recorded threat against KN…Ramotar should take actions beyond denouncing recording – Trinidad Express
– “The region waits to hear him make clear his total repudiation of violent attacks, threatened or planned, against Kaieteur News.”
The Trinidad Express Newspaper (TEN) is calling on Guyana’s President, Donald Ramotar, “to make clear his total repudiation of violent attacks, threatened or planned,” against Kaieteur News.
The newspaper was referring to Attorney General Anil Nandlall’s profanity-laced recording in which he warned of imminent attacks against staff of this newspaper.
In an editorial piece, “Perilous times for Guyana free press,” the Trinidad Express said that President Donald Ramotar should take actions beyond condemning the recording.
“The region waits to hear him make clear his total repudiation of violent attacks, threatened or planned, against Kaieteur News”.
The Trinidad Express reflected that once again, the relationship between the private media in Guyana and the current administration has probably sunk to its lowest and once again, “regional voices must be raised to register concern about the persistence of entrenched negative predispositions in official quarters against the free and independent media in Guyana.”
The editorial provided the opinion that in line with a policy tradition common to both parties which have formed the government, print and broadcast entities owned, operated and controlled by the State have continued to be fixtures of the media landscape.
It said that it is against this backdrop that “Guyanese private interests have invested in making real and vibrant a diversity of media voices, giving effect to freedom of expression guaranteed by the constitution of the republic and related international conventions.”
It said too that the ruling administration has not hesitated to utilise State media in advancing its political “line” and policy emphases, and alternately to reply to criticism. It noted that the operations of privately owned media legitimately to challenge official pronouncements, to question and to investigate have proved to be risky and costly.
The editorial also made reference to one of the privately owned media entities, Stabroek News, which it said “suffered extended state advertising boycotts as punishment for publication of news and opinion deemed unfavorable to the Government.” Stabroek News, it said, “having heroically come into existence amid the harsher scorched-earth policies against private media enforced by the former Forbes Burham regime, bounced back.”
The Trinidadian publication asserted that the government placed its ads with the other privately owned daily – Kaieteur News – justifying the decision on alleged economic grounds.
TEN added, “Now, it’s the turn of Kaieteur News, to be targeted with rhetorical and other attacks by the government. Publisher Glenn Lall has been facing prosecution on tax-related charges. Such matters should duly and properly be settled before the Guyana courts.”
But meanwhile, Mr Lall and his newspaper have found reason to believe “in the existence of no-holds-barred hostility in government circles, especially connected with the Attorney General.
“Kaieteur News took the extraordinary step of releasing the recording of a private conversation between a Kaieteur News reporter and the Guyana Attorney General (AG).”
The Express noted that in the recording, AG Nandlall was heard issuing terrible warnings of what sounded like impending physical retaliation against the newspaper. It said that the AG also urged the reporter, Leonard Gildharie, to leave the publication ahead of such attacks.
The editorial also sought to contextualize the reasonable fears of the newspaper in light of the recorded threat. The TEN reminded of the tragic experience in 2006 which saw the murder of several Kaieteur News pressmen.
In light of the AG’s comments, the newspaper expressed that President Donald Ramotar should make known his disgust for such behaviour from his Chief Legal Advisor and should take the necessary action.
November 4, 2014
AG’s threat against KNews…Govt. refuses to recognize wrongdoing – APNU MP
The actions of Attorney General, Anil Nandlall, as unveiled by the recently exposed audio recording, points
to a man who obviously knew of an imminent crime and did not reveal it to persons in authority. His action borders on misconduct if not criminal.
This is the view held by Shadow Home Affairs Minister, Winston Felix, himself a former Commissioner of Police.
Yesterday Felix held a special media briefing at Congress Place to address the out of control crime situation in Guyana.
Weighing in specifically on the recently publicized audio recording between Attorney General Nandlall and Kaieteur News reporter Leonard Gildarie, Felix told reporters that for a government to take the position that it has, means that it is clearly in denial.
According to Felix, “You heard the recording, I heard them, the public has heard them, right thinking people heard the recording and I don’t think that anyone who calls for the Attorney General’s resignation is on the wrong path. If anybody is on wrong path it is the Government that refuses to recognize wrongdoing and correct it.”
Felix was adamant that the Government must now practise what it preaches and observe the rule of law.
“Sometimes you must turn around from your evil ways; you must find a point to turn from your evil ways…They mouth it; they talk about it; they must know that it is a system in the law that requires them to respect and observe the law and ensure that everyone is treated equally under the law.”
Felix said that Nandlall, a person in his office with his training and experience, ought to know that if a crime or a potential crime comes to his attention then he needs to report it to the proper authorities so they can take action.
“Thank God for how things played out. I don’t know what would have happened in Saffon Street,” said Felix.
Gildarie, the reporter at the centre of the brouhaha along with Nandlall, has since expressed a fear for his life and
that of his family.
In a public statement over the weekend, Gildarie said that while he was advised by his attorneys not to make any public pronouncements on the matter, “I am not restrained from expressing deep fears for my safety and that of my family.”
Ever since the expose involving the Minister of Legal Affairs, several bodies have called for his resignation. Transparency Institute Guyana Inc. (TIGI), the Guyana Human Rights Association, the Guyana Bar Association, the Guyana Association of Women Lawyers and the Guyana Press Association have been among those bodies.
A report along with the transcript and an audio recording has been lodged with the Guyana Police Force.
In that now infamous recording Nandlall, while hurling a number of obscenities, conceded knowledge of an imminent attack against Kaieteur News, where the innocent could also be cut down as collateral damage.
Nandlall also said that several powerful persons would have become sensitive to the reportage by this publication, among them a family member whom he had to restrain.
In that now infamous recording, Nandlall can be overheard telling Gildarie to get out of the Saffon Street office, which he described as a “dangerous place”.
He hinted at an intended hit on Lall and the establishment.
The Government has since come out in defence of Nandlall saying that it was a loose private conversation which was illegally recorded and further manipulated.
November 4, 2014
PPP supports Nandlall against KN, despite obvious irregularities
There is a slim chance that the Attorney General, Anil Nandlall, will receive even a slap on the wrist from the
government for his transgressions. Neither will he be asked to resign.
Yesterday, the ruling political party, the People’s Progressive Party (PPP), essentially endorsed the statements made by Nandlall in the recording of a telephone conversation between him and Kaieteur News Senior Reporter, Leonard Gildarie.
The Minister was recorded making threats to the lives of Kaieteur News staff and admitting that he misappropriated taxpayers’ money.
As he hosted the PPP weekly press conference yesterday, General Secretary Clement Rohee was asked to say to what extent the party feels that Nandlall should be sanctioned and if the PPP thinks that he should be asked to step down.
“Before we talk about the extent, we have to talk about the basis upon which he should be asked to step down.”
The basis was widely published in the media. The conversation contained a threat to Kaieteur News staff, a derogatory comment about a female reporter, and an admission that he used state funds for personal reasons.
Nandlall said, “I use some money from the Government and Glenn mek an issue of it and I pay back the f**king money.”
Nandlall said that he is not a thief and has never taken anything from anybody to further his cause, the PPP General Secretary said. The admission that he took state funds for private reasons was ignored.
Rohee added that Nandlall made it clear that he has “no ulterior motives”. But the Attorney General sought desperately to have Gildarie reveal the identity of a female Kaieteur News reporter whom he earlier in the conversation referred to as a “thing” his uncle wanted to have sex with.
Rohee, in a dismissive tone said, “That’s the basis for which he should step down? If that is the basis then I should have stepped
down long ago because the media also had that basis for me to step down.”
Asked about the possibility of sanctions, Rohee said, “I think there is a police investigation in the matter and I think there are certain matters before the court. Also, the government has issued a statement on the matter.”
The politician then noted that the PPP stands fully behind the government on that matter. He said that the party wants the administration to hold firmly to its position.
The General Secretary said that the PPP would be very disappointed if the government cedes to “any blackmailing tactic on the part of the persons who are making certain accusations against the Attorney General.
“We understand that one element of the blackmailing tactic is that they have more recordings to publish…Our position is if there are more let them be released.”
Asked if he considers the Attorney General’s behaviour to be ethical, Rohee chose not to give a direct answer. He instead answered in a style similar to the one mastered by Presidential Advisor, Roger Luncheon.
In his response, Rohee said that many have had their say but all that has been said is biased, negative and aimed directly at “lynching” Nandlall.
He said that the only balanced comment so far is the one made by the Government. The comment to which Rohee referred was one that only expressed Government’s support for Nandlall and painted Kaieteur News as an enemy of the State.
And as an aside, when asked to say what was balanced about the statement, the General Secretary couldn’t.
Rohee told reporters that he read a document delivered to him and signed by Kaieteur News Publisher, Glenn Lall. He said that he noted 12 points that seem not to have caught the attention of sections of the media.
He said that those are the points he would like to see reported and focused upon.
With regard to the points Rohee made about the Kaieteur News being used as a weapon and that Nandlall’s wife is innocent, it must be noted that the Attorney General also said, “Is not newspaper they gonna use as a weapon they got they got weapons and when you attack people like that and they have no way of responding they gun just walk with their weapons in that same f**king Saffon Street office and wha comes suh do and innocent Peter gah pay fuh fucking Paul.”
November 5, 2014
AG’s office attracts one-man protest…. Nandlall described as “toxic, radioactive Minister”
An overseas-based Guyanese, Courtney Crum-Ewing, is seeking 1000 signatures as part of a
protest to register disgust with the recent utterances by Attorney General and Minister of Legal Affairs Anil Nandlall. Crum-Ewing launched his protest in front of the Attorney General (AG)’s Carmichael Street office yesterday.
Nandlall, during a recorded conversation with senior Kaieteur News reporter Leonard Gildarie, hinted at an imminent, sinister plot against Kaieteur News publisher and staff. As a result, he advised the senior reporter to leave the organization as soon as possible, because it would be sooner rather than later that men with “weapons” would walk into the newspaper’s offices.
Crum- Ewing’s protest saw several passersby providing their signatures in support of the protest. He disclosed that yesterday saw him receive almost 100 signatures.
The placard that he was holding read “Yes Democracy, No Class/Race Domination.”
Underscoring that he is a Queen’s College alumnus who returned to Guyana one year ago, Crum-Ewing emphasised that “this is about Mr Nandlall and that office that no longer welcomes him. I don’t know why he is still sitting there; this is not a family business and does not belong to the Chatri clan. We had honourable people who passed through that office…and nothing about Mr Nandlall is honourable, he does not deserve to sit in a chair similar to the one in which he now sits.
“History will be kind to him if he decides to fold his Chatri tent and walk, but if he is forced out, which is what the masses intend to do, then so be it. It’s time these people get the message that we are all Guyanese and we love our country and we are not going to put up with degenerates, hazardous material, toxic people or radioactive Ministers of Government.”
Alluding to the fact that the Attorney General has become an overnight disgrace to this country, Crum-Ewing said no Minister should ever speak in such a manner, irrespective of whether the conversation was private or public.
“Anil Nandlall refuses to apologise to the people of this nation. He is the epitome of disrespect and a prime example of what is wrong with the leaders of this country. It made me sick when his party came out and endorsed him as Attorney General. This gentleman should be made to resign and I am going to remain here defiant, in accordance with the law, in order for Nandlall to get the message that no one is afraid of him. There are qualified individuals out there to do his job, and do it a whole lot better than he is doing it. He needs to understand that his time is up.”
Asserting that the post of AG is not a private or family business, Crum-Ewing said this is only one of many reasons why Guyana has problems garnering respect from the international community.
“Nobody takes us seriously because we accept people who can spend money wantonly and those who can jump up and speak on behalf of Guyanese even if it means disrespecting the US Ambassador. We have a long history of accepting nonsense.
We have accepted this kind of lawlessness for too long. And as a patriot it’s hard to watch our country go down the drain. The struggle is a struggle for all of us. It’s obvious that the people in Guyana have other priorities, they are either too hungry to struggle or too distracted with too many bills, and underpaid. It’s clearly about survival.
“You can’t seem to get Guyanese to understand like the Surinamese do and the Bajans do that if the price of something goes up by a dollar and you have a problem with that dollar, it must go back down! No one has to accept that dollar, those are lessons we need to adopt when we want to have a proper country and a proper life. The same goes for other issues.”
Further, Crum-Ewing noted that “I have a problem with the press coming out of Guyana. I am so embarrassed to say that I have never brought my kids to Guyana. Every time I have a conversation about bringing my kids to Guyana I have to answer to something negative pertaining to crime, health and the ugly things that are happening. That’s what they get from the press coming out of Guyana. I have a tough time convincing them that Guyana is a beautiful place.”
Crum-Ewing declared that he “served Guyana as an athlete, a member of law enforcement overseas, and as a student; I deserve to have a voice in this place. The police were here (outside the AG’s office) and they were respectful and I complied with the law and alternated my signs and placards as requested, and I will continue with my protest.”
Meanwhile, contractor Brentnol Holder continued his one-man protest yesterday in support of Kaieteur News outside the media house’s Saffon Street office.
He said all CARICOM countries should not take their eyes off of what is happening with democracy in Guyana. Holder said he plans to carry on the fight with prayers and a liquid fast since he is asking the churches and well-wishers to pray for Kaieteur News.
November 5, 2014
What the people say about… The Attorney General’s alleged threat against KNews
Kaieteur News took to the streets of Georgetown yesterday, mainly in the vicinity of the Stabroek Market, to note the concerns of citizens on the major issues identified in the profanity-laced 19-minute recording of a conversation between Attorney General and Minister of Legal Affairs Anil Nandlall and Kaieteur News reporter, Leonard Gildarie.
Most persons seemed terrified at the mere thought of speaking on the matter and declined, almost immediately, to give comment for fear of being violently attacked or victimized.
One man even asked, “I look stupid to you…If Nandlall get vex with Kaieteur News because y’all talking too much, why you want me to talk? You want dem come and shoot me up too? Who gon mine me family, you?…Nah nah nah, me nah gon comment, I want live to a ripe old age.
Another said, “No, No, No. I ain’t gon talk on this matter. I does wuk here every living day. If I talk and me picture go in the paper, dem would come right here and shoot me up. Me ain’t talking, me go dead if I talk.”
Nonetheless, there were some who even with acknowledgement that they can be victimized, said that they cannot simply stand idly by and allow the Government and its high-ranking servants to get away with “any and everything.”
Some proclaimed that they have no fear whatsoever and want to be heard. See below what those people had to say.
Rudolph Yearwood, Cobbler
My problem with Nandlall is that he is a man that I really have no respect for and I don’t have respect for his office for a number of reasons. He is always in the spotlight when it comes to certain matters; to me he is like the government cover-up man. Everything they do, he is the one that comes out and talks what he wants, and doesn’t care about what people have to say, but we are not stupid people.
I think that he needs to be dealt with for his actions. Because of his actions, there should be some consequences. For example; there was a girl that stole money from the courts. She was charged and she is paying the price. She is a civil servant like Nandlall and she is facing the consequences and the same must go for Nandlall.
***
Frank Yorrick, Cobbler
I think that it’s a downright disgrace to have the Attorney General, who is supposed to be giving the President legal advice, to be acting like this. If I made comments like Nandlall did about the girl and Kaieteur News, what you think they would have done with me? I would be gone. And so should Nandlall. How could we trust this man to give the President advice now? What kind of man is this? He should step down. It’s about time Nandlall pick up he wreath and go in he tomb.
***
Roy Thomas, self-employed
This recording is a disgrace to Guyana. How could the country’s Minister of Legal Affairs be involved in this? How could he threaten the newspaper for doing the right thing…for speaking out? That is not right. The newspaper has to do its job. It has
to do the right thing.
People depend on Kaieteur News to know what’s really happening. For me, if I want to know what the government is doing I read Chronicle, but to know what they hiding, I will read Kaieteur News. The conversation about how he want this girl from Kaieteur News for his uncle and the terrible language he used is just bad, man.
This is our Attorney General? In any democratic society he would be out. He shouldn’t be here and I hope the people in the nation come out in their numbers and protest, because he has to go, Nandlall has to go. You can’t have two standards in Guyana where the ordinary man must pay the price and then those at the top are protected and don’t face any penalty. Nandlall is the worst Attorney General in the history of Guyana.
***
James Jones, self-employed
No Attorney General is supposed to be involved in those things. But don’t worry; pressure on the Government will get him out. Don’t worry with no support from President Donald Ramotar. Nandlall cannot represent this country at no international forum. Not since he carrying on in that ridiculous manner; cussing up and going on. People will not listen to him. No way would people respect him. The Government will have to take him out, just like how they took out Ronald Gajraj and send him to India. That is what they will do; they will find a place for him in India.
***
Terrence Dean, Vendor
Comments: Is nuff, nuff things wrong with this government, and I just want to say that what Nandlall did was wrong. He needs to resign.
***
Shelly Goodman, Vendor
Comments: The reason they want Kaieteur News out is because the people getting to know too much. I believe he should resign. If he don’t that would be a real shame.
***
November 5, 2014
Recorded threats against K/News…Embattled AG finally breaks silence
Embattled Attorney General and Minister of Legal Affairs, Anil Nandlall, who is at the centre of a major scandal involving death threats to Kaieteur News, has after more than one week, broken his silence following a damning recorded phone call released last week by this publication.
Among other things, in the conversation which went viral, the Government official spoke of gunmen attacking Kaieteur News. He also spoke of putting back monies he used from the nation’s coffers to pay for a medical procedure.
The recording is the subject of the police complaint made by Kaieteur News and has been heavily debated in the social networks and in the local and international media.
Below is the entire statement as issued by a public relations consultant on behalf of Nandlall.
……..
Colleagues, I am speaking to you today against the backdrop of the recent exposure to the general public of selected
portions of a private conversation I had with someone I have known for a very long time and that took place in the context of mutual trust, confidence, informality and indeed, was a friendly banter.
Unfortunately, this conversation was recorded without my knowledge, manipulated, distorted and made public. As you are aware, I have filed legal proceedings. It is my hope that these proceedings will examine and determine the legality and authenticity of the recording as well as the liabilities, if any, which arise therefrom. Additionally, I have no doubt that the appropriate authorities would send the recording for proper forensic analysis.
Nevertheless, the publishing of this impugned recording was an unexpected betrayal. In the recording, you, and indeed the public, would have heard some most unfortunate remarks attributed to me. This entire episode has caused me and my family great embarrassment, personal distress and tremendous pain. I am truly sorry that you, my political colleagues, and the general public had to endure this highly regrettably ordeal.
In addition to the personal consequences for me and my family, this episode has also served as a distraction for our nation at a time when there are significant and substantial issues that require our collective focused attention.
Allow me, to address some of the issues raised by the deliberately engineered, manipulated and released portions of that private conversation.
Firstly, I share the views and principles of the Government of Guyana, of which I am a part, with respect to freedom of the press. As stated elsewhere recently, our government has from the inception “recognized, embraced, cherished and actively promoted press freedom in all its forms and facets. … we regard press freedom as a fundamental freedom and right which is enshrined in the Constitution of Guyana. We view freedom of the press as the cornerstone of our democracy.”
It is also my firm belief that while the State has the sacred responsibility for creating and nurturing an enabling environment for a Free Press, the Free Press has an equally sacred responsibility to the highest ethical standards as they operate in that free environment. The Guyanese public and I are equally victims of an unethical journalist and an unprincipled newspaper operating in a free environment.
Secondly, I wish to state clearly and unequivocally, that I am unaware of any planned violence or extra-judicial sanction against any individual journalist or any newspaper. Indeed, in my own case I have filed legal proceedings and have every confidence in our judicial system to conduct a fair and open hearing and to deliver justice at the end. Our government does not condone or promote violence in any form or at any level. As you all here in these chambers know, we have worked tirelessly to give leadership and guidance to the development of legislation that tackle violence in all forms and at every level including the protection of women and children from domestic violence.
This takes me to the third issue – that of women. This aspect of the impugned recording has perhaps caused me the greatest personal distress. I have been judged harshly by both the general public and by women’s groups and activists. However, neither of these judgments has been as harsh as the judgments I have received from the women in my life, most notably my wife and my mother. I wish to assure all women in Guyana of my highest respect and to promise that I will continue to struggle for their rights and respect wherever there remain gaps in the treatment of women in our society.
Colleagues, the final issue I wish to clarify relates to a financial transaction to which reference was made in the impugned recording. This has been unfortunately interpreted to implicate me in some form of financial impropriety. I wish to set the record straight on that issue. The reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement, was approved by Cabinet in a written Cabinet decision dated 20 June 2013. This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.
In closing, I wish to take this opportunity to thank each of you here in these chambers for your continued tireless work in support of Guyana’s development. Our recent accomplishment of securing time for Guyana to meet its obligations under the CFATF and FATF is very significant and noteworthy, but I will address that at another time.
I wish to also thank you for your support to me personally. I am proud to be leading these chambers and this team of professionals at this unique time in our history, but nothing that I have achieved would have been possible without your efforts and I am indeed personally indebted to you.
AG’s statement rife with dishonesty
The conversation between the Attorney General Anil Nandlall and Kaieteur News senior reporter Leonard Gildarie, was indeed with someone whom he said was a colleague. But to say that selected portions of the conversation were released is to accuse Kaieteur News and the person with whom he had the conversation of dishonesty.
The recording and the transcript spoke for themselves. Further, Kaieteur News is prepared to submit the recording for authentication to any international organization the Attorney General chooses.
The recording of the conversation was a decision by the reporter for whatever reason he chooses. Any manipulation was in the mind of the Attorney General. He heard the recording, he knew precisely what he said, how he said it, and when he said it. He knew that there was no manipulation or distortion. He also knew why he was saying what he said.
To tell the public that Kaieteur News did something unprofessional is to blatantly lie. And he knows that the authorities would not send the recording for a forensic audit. If they are to send any recording it must be the original and not one that could have been tampered with by the same authorities.
The public did hear what the Attorney General said, because he knew that he said it; he knew that there was no distortion. The remarks were not only attributed to the Attorney General, they were his words and he does not deny them.
If indeed he did share the views about freedom of the press, he would also share the view that as a public figure his comments were of interest to the public. He should also tell the public about the number of lawsuits he has filed to silence the very media he says should be free.
In 2006 he wrote a letter on this very issue when the government released a recording of a conversation between the then Police Commissioner Winston Felix and attorney at law Basil Williams; he quoted the British law to support the right to release what was also a private conversation. What makes his conversation any different?
“The Guyanese public and I are equally victims of an unethical journalist and an unprincipled newspaper operating in a free environment,” says Nandlall.
The public must ask “What is unethical about recording the chief lawmaker and protector of the laws and the citizens of the country making a threat to the lives of the staff of Kaieteur News?”
The people are to be shot soon, according to the Attorney General.
It is illegal, immoral and unethical for him to be in possession of such information and not inform the authorities. He does inform his friend and encourages him to quit the office.
We await the outcome of his legal proceedings, copies of which are still to be served on Kaieteur News. Truth is the greatest defence and this will torpedo any effort Nandlall makes to hide behind his legal action.
His comment about the female reporter is enough for him to resign. No woman should live with such a person who holds women in such low esteem and calls himself a man.
No woman can and should trust him to continue to struggle for their rights and expect him to represent them. He should not be allowed near any woman or girl child.
The Attorney General as a lawyer knows that to misappropriate funds and to repay does not negate punishment. Many who have stolen and have made restitution are in jail.
November 5, 2014
Nandlall threat against K/News…Police to send file to DPP today
Amidst criticisms that it is adopting a biased approach, a senior official of the Guyana Police Force has assured that investigations into Attorney General Anil Nandlall’s disclosure of plans to attack the Kaieteur News will be completed today.
Kaieteur News was reliably informed that a report on the matter will be sent to the Director of Public Prosecutions (DPP) for advice no later than today.
It would mean that investigators have secured a statement from the Attorney General himself.
“In order for a file to be completed, all parties’ statements have to be obtained,” the senior police official told Kaieteur News.
The Attorney General in a recorded conversation with Senior Kaieteur News Reporter Leonard Gildarie, hinted at a plot to attack the Kaieteur News in retaliation to the newspaper’s exposure of corrupt activities by persons close to the ruling administration.
The newspaper’s Publisher Glenn Lall had lodged a complaint with the police, providing them with a copy of the recorded conversation. In the conversation with the Kaieteur News senior reporter, Nandlall told Gildarie that Kaieteur News had become a very “dangerous place” and that he should leave to avoid being at the wrong place at the wrong time.
Initially the police appeared to have been stalling the investigations into the matter and this approach was criticized by certain sections of society, which accused them of abandoning all pretence of impartiality and neutrality.
In fact the police had signaled that they may institute charges against the Reporter.
In defence of their actions, the force announced that the delay in their investigations was due to the need for clarification of certain sections of the statements provided by the Reporter.
But according to a top level official of the force, the police should have acted with more urgency in the initial stages of the investigations to dispel any thought of bias.
It is not clear when the police approached the Attorney General with the allegations made against him by the Kaieteur News nor is it clear when he provided them with his statement.
“Investigators should have approached him (AG) immediately after they received the complaint, just as how they would have approached anybody else if such allegations were made against them,” the high ranking officer stated.
He referred to the recent police investigations into an alleged plot to execute a senior MARAD official.
In that case the police received a report from a man who alleged that he was contacted by another party to execute the official.
Investigators wasted no time in arresting the other party, despite not carrying out a full investigation.
“In the Kaieteur News case, the police were provided with a tape recording of the conversation between the AG and the reporter in which he made certain statements that should have been investigated with some urgency,” the high ranking police official stated.
Instead the police intimidated the senior reporter during a visit to his home.
The Reporter said that ranks turned up at his home and invited him to the police station. Immediately, he questioned whether he was under arrest, only to be told that he was not. He said that he informed them that if he was not under arrest then he would complete some business at hand before venturing to the police station.
Gildarie said that the ranks insisted that he accompany them to the police station. He said that he asked about the consequences should he refuse and was told that the police would then be prepared to “take it to the next level.” They drove in his car to the Brickdam Police Station and at that stage he was considered under arrest.
At the police station, and in the absence of his lawyer, Gildarie declined to answer any question. The police acquiesced. His Attorney duly arrived and a new appointment has been rescheduled.
November 6, 2014
Recorded threats against K/News…The world is watching the Guyana Police Force – APNU
The brouhaha involving the Minister of Legal Affairs, Anil Nandlall and Publisher of the Kaieteur News, Glenn Lall,
has evolved into an international scandal and the world is watching to see how the authorities, especially the Guyana Police Force, will treat the matter in light of the lodged report.
This is according to General Secretary of A Partnership for National Unity, Joseph Harmon.
In an invited comment on the professionalism of the Guyana Police Force and its handling of the matter, Harmon lamented its capacity to investigate certain crimes and further, its ability to guard itself from political interference.
According to Harmon, who is a practicing attorney who would at times have to interact with the Guyana Police Force over criminal and other investigations, the force is notorious for dragging their feet in the compilation of their reports before approaching the Director of Public Prosecutions for advice.
He observed, too, that it has been some time now since the report was lodged with the Police Force and a report is yet to be completed.
Harmon said that it is at present unclear if the Attorney General was even questioned by the Police, which would have to be included in any such report to the DPP office.
He was adamant that there is a need for public indignation to ensure that the Police Force acts professionally in its conduct of the investigation against Nandlall.
According to Harmon this is even more critical against the backdrop of a road accident which involved the Finance Minister, Dr. Ashni Singh. It was made clear that when it comes to Government Ministers there is a different set of procedures to be followed.
Harmon insists that this cannot be the case; the law must be applicable to all, irrespective of who is involved.
According to Harmon, had the report been made against an ordinary individual then that person would have more than likely already been charged and possibly incarcerated.
Publisher of the Kaieteur News, Glenn Lall, filed the report of Nandlall’s threat with the Guyana Police Force two Mondays ago. He submitted a transcript of the recording that featured Anil Nandlall.
That course of action followed a previous report filed with the Ruimveldt Police Station, of a plot to shoot up Kaieteur News and to execute him. Lall told the police that he had information that the execution was to look like an accident.
This came about because of publication of correspondence involving Guyana Revenue Authority (GRA) Commissioner-General, Khurshid Sattaur, and former President, Bharrat Jagdeo, to destroy Lall and his business.
Lall had earlier also accused the Attorney General of spying on his Saffon Street establishment. Nandlall reacted that he would use other weapons against Lall in place of cameras, if he wanted to destroy him.
In his recent telephone call to the reporter, Nandlall also disclosed that he had to restrain his uncle, Kamal Mangal, from getting at Lall for publishing information that the man had imported a high-end luxury vehicle duty-free on the pretext that he was a re-migrant, although he continues to live overseas.
At the time the duty-free concessions were granted by GRA, where Nandlall’s wife is Senior Legal Advisor, Mangal was living at the home of the Attorney-General.
Nandlall unleashed his fury over a promise by Kaieteur News to expose the fact that he used tax dollars to fund a private medical bill for his wife. He said that he has since repaid that money to the Ministry of Health.
The Attorney General protested that Lall should have never brought his wife into the picture.
“I told, I told Glenn, I meet with Glenn. I sit down and talk with him. I use some money from the government and Glenn mek an issue of it. I pay back de f***ing money long before he even mek de issue and he know about it.
“Remember you were going to publish something about my wife and so on? I am not worried about what he gun publish…Me I am a f***ing thoroughbred.
“I…I just don’t want him to publish things about me wife. That is all I don’t want, you understand? Because she is innocent.”
The threats by the Attorney General have brought back memories of the shocking August 8, 2006 slaughter of five pressmen, who were gunned down, execution-style, by armed invaders at the Eccles printery of the Kaieteur News.
November 6, 2014
Guyanese afraid to speak out on Nandlall issue
– fear victimization by government
Even though the recorded conversation between Attorney General Anil Nandlall and a Senior Reporter from Kaieteur News is generating significant debate among Guyanese, many citizens appear reluctant and fearful about speaking publicly on the issues.
There is no doubt that the conversation which contained threats and several damning revelations by the Attorney General is being discussed in almost every office, beer garden and home.
However, not many are willing to voice their opinion overtly, choosing instead to hide behind the fear of victimization.
This was manifested when Kaieteur News sought to solicit comments from persons on the issue yesterday. It was clear that there was an open fear amongst many of the persons who were interviewed.
Nandlall, during a recorded conversation with senior Kaieteur News reporter Leonard Gildarie, hinted at an imminent attack against Kaieteur News publisher and staff. As a result, he advised the senior reporter to leave the organization as soon as possible, because it would be sooner rather than later that men with “weapons” would walk into the newspaper’s offices.
When asked his opinion on the Attorney General’s remarks which were aired publicly, one elderly gentleman declared, “You believe I want to take on y’all problems? I don’t care if you say it’s a Guyanese problem, is not me making problem with dem, is y’all. So deal with it. I have nothing to say, and imagine you want to put my picture with that too.”
Another Guyanese who claimed that he was a supporter of the administration said: “Imagine I use to fetch Navin Chandarpal and Shaik Baksh to UG. Now I am 74 and when I go to them to ask for things I am entitled to as a Guyanese, to fast forward the process, they always telling you to come back and they never want to help. I am an old PPP supporter and we all know what going on, but I am not going to say anything; my life in politics is over. I will die soon, so let them do what they want. We all have to answer to God.”
“Look, like you come here to give me problems or wah? I don’t have anything to say, especially about the government. I still got to slave here every day and they got to do what they got to do,” one vendor noted.
“Imagine you asking me about y’all and government problems. You know how much problems I got and I got to fix? Me ain’t going to nobody for help, so don’t ask me nothing,” one sand truck driver blurted out.
“I don’t want to say nothing. I don’t even read papers or watch news, because it never got nothing good inside,” one shopper said.
The situation of fear was further emphasized by a West Coast Demerara businessman who contacted this newspaper via telephone.
The man, who declined to give his name, expressed support for this newspaper against the Attorney General but refused to be quoted.
“We need a Kamla in this country,” he said, referring to the Prime Minister of Trinidad and Tobago, who over the past 15 months has let go 15 senior government officials in her country over alleged malpractices.
However the man noted, “I can’t go public because of victimization. I am a businessman and I could lose my business.”
November 6, 2014
Tax info leaks by GRA…World accounting body now investigating Sattaur
A global accountancy body has started the process to hear a complaint of unethical behaviour and abuse of office by
tax chief, Khurshid Sattaur.
The complaint, made last month by Kaieteur News, was filed after a number of damning emails disclosed a shocking plot to use audits of the Guyana Revenue Authority (GRA) to silence outspoken media houses and more specifically Kaieteur News.
In those emails, the Commissioner General allegedly breached secrecy regulations and leaked confidential tax information pertaining to Kaieteur News and other media houses, including Stabroek News.
Already, Kaieteur News has forwarded details to the Association of Chartered Certified Accountants (ACCA), which is based in London.
The complaint follows one filed last month to the local accountancy body, the Institute of Chartered Accountants of Guyana. That body has already started the process to hear the complaint against Sattaur.
ACCA is the global body for professional accountants.
Members of ACCA are required to observe proper standards of professional conduct.
ACCA will take disciplinary action against its members, firms and registered students where there is evidence of a sufficiently serious failure to observe those standards.
Once ACCA has received a complaint, it may decide to proceed with its investigation, despite a later request that it may be withdrawn.
Any negative findings against the embattled head of GRA by the bodies will definitely have a long-term impact on his
professional standing and credibility within the accounting community.
ICAG, in a reply to the complaint, last month disclosed that indeed, the Commissioner-General is one of its members.
“The Council of the Institute considered the contents of your letter and the associated attachment at its meeting of 14th October 2014. It has been agreed that the matter will be referred to the Investigations Committee of the Institute in accordance with our bye-laws (sic).”
It is not often that one hears about a complaint against a member of the accounting profession. This one has significance because it involves the head of the country’s tax collection agency.
The official complaint, which was prompted by the illegal release of confidential tax information, said that Sattaur is guilty of misconduct in office by his acts.
Glenn Lall, the Publisher of Kaieteur News, said that Sattaur, as a Chartered Accountant, was in breach of a statutory Declaration of Secrecy, and of the law, when he provided information concerning the tax affairs of several newspaper publishing companies to former President, Bharrat Jagdeo, in September.
The Publisher also included copies of leaked emails that Sattaur had exchanged with Jagdeo and Attorney General, Anil Nandlall.
“While only of tangential importance, the emails demonstrate that Mr. Sattaur, who is the Commissioner-General of the Guyana Revenue Authority, is using his position in an improper manner amounting to professional misconduct,” the complaint by Lall indicated.
“In view of the seriousness of this matter and the impact it has on the reputation of the accountancy profession for probity,
integrity and professionalism, I would welcome prompt action to address my complaint.”
Those emails, published over recent weeks by this newspaper, revealed a shocking plot by top Government officials, in collaboration with Sattaur, to go after a number of private newspapers and news entities that have been highly critical of projects and the way taxpayers’ dollars are being spent.
Kaieteur News has been at the brunt of the offence by Government which has been under increasing criticisms for a number of questionable contracts and deals with investors.
By law, GRA is bound to keep secret, tax and other financial information filed by taxpayers.
There has been widespread condemnation after those revelations of the tax leaks, with questions asked about which other businesses may have suffered.
Sattaur had become angry after the newspaper published a report which questioned the appropriateness of his three children and other relatives working under him in key positions at that state agency.
He admitted in those emails sent September, that he had used the threat of tax audits to successfully silence Frederick Kissoon, a popular, long-standing columnist in Kaieteur News.
GRA had also reportedly leaked sensitive tax information regarding Kaieteur News to the Guyana Chronicle, the state-owned newspaper, which was also used in a systematic attack on Kaieteur News.
The Opposition has signaled intentions to have Sattaur investigated by Parliament for those tax leaks to the former President. There have also been several calls for him to resign.
Last month, GRA, led by Sattaur, filed private criminal charges against Lall and his wife after seizing two SUVs belonging to a remigrant couple who are family friends of the Publisher.
GRA contends that the Lalls are the real owners. However, the Publisher made it clear that he and his wife would normally use the vehicles as part of a fleet, in face of security concerns.
Significantly, the vehicles were taken away from the home of the remigrants.
The charges and an increasing number of lawsuits from people close to and attached to the government, as well as the emails, are strong evidence of Government backing a plan to silence an outspoken newspaper, Lall said.
More recently, there was the recorded conversation between Attorney General Anil Nandlall and a Kaieteur News senior reporter. In that conversation Nandlall spoke of people coming to the newspaper offices to shoot up the staff and the publisher.
November 7, 2014
Revelations in AG’s recorded conversation… PM’s view contradicts Nandlall’s remarks on “entitlement”
While the Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall has sought to justify the use of monies
from the government, for medical treatment, by stating that it was approved by Cabinet and that it was an “entitlement” enjoyed by all members of Cabinet, the Prime Minister, Samuel Hinds has contradicted this.
In an interview with Kaieteur News via telephone yesterday, Hinds said that he would not call the monies approved for certain emergencies as an entitlement. The Prime Minister disclosed that such discretion by Cabinet “is not something that is automatic. It is something that would require much review.”
Nandlall in a profanity-laced recorded conversation with Kaieteur News reporter, Leonard Gildarie, said that he “used money from the government… and pay back long before” Kaieteur News Publisher, Glenn Lall “made an issue of it.”
However, in a statement on Tuesday which was released by a public relations consultant on Nandlall’s behalf, the Minister said, “I wish to set the record straight …the reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement was approved by Cabinet in a written Cabinet decision dated 20 June 2013. This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.”
This publication sought to ascertain from several government officials what are the conditions surrounding this kind of “entitlement” for reimbursements for medical expenses by Cabinet members.
But while some calls proved to be futile, some ministers, for example, the Junior Minister of Finance, Bishop Juan Edghill told this publication that he would not be able to be of assistance since he does not know the specifics of what he was being told about.
However, when contacted yesterday, Prime Minister Hinds, who is currently out of the country, was asked if this sort of entitlement for Nandlall was indeed approved by Cabinet, as he claimed, and if the circumstances surrounding medical treatment amounted to an emergency.
The Prime Minister declined to answer on that matter stating that he was not apprised of all the facts and preferred to have all the “statements and or facts” before him before making any comment in that regard.
The question was then rephrased to the Prime Minister, this time in a more general sense. He was asked if there is any entitlement for Cabinet Members for monies for medical expenses or emergencies and the criteria governing this privilege.
To this he responded, “I would not call it an entitlement. It is not something that is automatic. It really is a hard question to respond to, but what I would say is that one would have to review the long series of circumstances surrounding the need for money in that kind of situation. It would depend on the nature of the emergency for money to be granted. It’s not like a Minister could come and say he has a broken foot or something and just ask for money and it would be approved. The circumstances would have to be examined. It would definitely depend on that.”
A Partnership for National Unity (APNU)’s General Secretary, Joseph Harmon at the coalition’s press conference last week, told media operatives that there are many parts of the infamous recorded conversation that APNU has not touched as yet.
Harmon however, had emphasized that the money Nandlall said he took was not approved by the Parliament for any such reason. The politician had said that this indicates that such a transaction is a “callous betrayal of the citizen’s trust and the fair way in which state resources are supposed to be allocated.”
Additionally, Vice Chairman of the Alliance For Change (AFC), Moses Nagamootoo in a letter to the editor said that he had found Nandlall’s admission that he had accessed and used government’s money for a personal purpose, which he claimed that he has since repaid, to be most disgusting.
Nagamootoo had lent much support to APNU’s intention to launch an investigation into the financial indiscretion. The Parliamentarian had said that the behaviour of the country’s Attorney General raises eyebrows.
He emphasized that an investigation into that transaction ought to take place now.
Since the damning recording, the Publisher of the Kaieteur News Glenn Lall lodged a formal complaint with the Guyana Police Force. The file is expected to be sent to the Office of the Director of Public Prosecutions soon.
The pressure for Nandlall to demit office immediately continues to increase from the citizenry, the legal fraternity, international and regional bodies, as well as the joint political Opposition.
November 7, 2014
Recorded threats against KNews…Dr Jagan would have reined in elements like Nandlall
…but PPP now controlled by Jagdeoites – Nagamootoo
By Gary Eleazar
Had it been up to the late founder of the People’s Progressive Party, Dr Cheddi Jagan, then the likes of Attorney
General, Anil Nandlall, would have been reined in over the recent revelations made public in the now infamous audio recording between himself and a Kaieteur News journalist.
This is according to former executive member of the party, Moses Nagamootoo, who reportedly shared a very close relationship with Dr. Jagan, and who yesterday expressed surprise that Nandlall was not as yet dragged before the party’s disciplinary committee.
JAGDEOITES VS JAGANITES
He did point out nonetheless, that at present the party is no longer controlled by those loyal to Dr Jagan’s teachings but individuals who now hold to the policies and tactics of the Former President Bharrat Jagdeo. Nagamootoo labeled them Jagdeoites as against Jaganites.
“If he had been faced with the rogue elements of his party who hold office and are accused of committing violations in their official capacity, I would have expected Cheddi Jagan to bring them up before the disciplinary committee of the PPP.”
Nagamootoo reminded that it was this very committee that had expelled AFC Leader Khemraj Ramjattan when he openly criticized Jagdeo’s infantile conduct.
“I don’t know why Nandlall has not been brought before the committee, and I don’t know why Ashni Singh has not been taken before the committee.”
It was at this point in time Nagamootoo observed that many would say Dr Singh (Finance Minister) is not a member of the
PPP, “but that is where the problem lies, the PPP now is controlled by the non-PPP…the PPP is no longer controlled by what we used to call the Jaganite elements, it is controlled by the Jagdeoite elements.”
Nagamootoo surmised that what is now ingrained in the political culture of the PPP is that when an official is under fire, his/her colleagues tend to “circle the wagon.”
RAMOTAR’S RESPONSIBILITY
He said that this is again evident with the case of the Attorney General, Anil Nandlall.
Nagamootoo was adamant however that a Minister is simply an assistant of the President, “and so the buck stops with a President….Ramotar has a constitutional responsibility to discharge when one of his assistants would step out of line.”
According to Nagamootoo, the action which needs to be taken in reaction to Nandlall is an Executive one and “I believe very sincerely that faced with this situation, Cheddi Jagan would have used that discretion to rein in a Minister who runs around like a duck without a head.”
Describing Nandlall as a runaway juggernaut, Nagamootoo reminded that certain types of behaviour by a public official is totally unacceptable and cannot be tolerated.
Nagamootoo said that he is of the firm belief that had the President not come out publicly and sought to validate the integrity of his wayward Attorney General, Nandlall would have felt compelled to tender his resignation, “but he felt he had support and that is why he remains there.”
OBSCENE AND VULGAR
According to Nagamootoo, an attempt is currently being made, using taxpayers’ money, to rebrand Nandlall, by being
a part of the Education Ministry’s drive to hand out cash grants to poor people.
“There can be nothing more obscene and vulgar than that… to use taxpayers’ money as a fig leaf, it is an obscenity,” said Nandlall.
Asked about government intentions to seek to authenticate the now infamous recording, Nagamootoo completely rejected this, saying that its authenticity is not in question, by virtue of the fact that Nandlall admitted that he did say what was broadcast, but it was a private conversation.
He reminded media operatives that when the Watergate scandal erupted in relation to US President Richard Nixon, the question was not a matter of what was said and recorded, but rather the legality of the action in bugging the offices of political opponents.
“The issue here is not the tape, or the length of the tape or the authenticity of the tape, it is really what the Attorney General himself has said by implication…I said those things, but I said those things to my buddy, to my Queen’s College friend,” said Nagamootoo.
The AFC Vice Chairman reminded that to date the Minister has not said anything to distance himself from the contents of the recording, “he is saying that it was in private.”
Nagamootoo said that Nandlall is not a part time Attorney General or Minister of Legal Affairs, but is rather employed in that capacity full time.
“You have to own up to what you have said, whether you are saying it to your friend or whether you are saying it in the
capacity that you hold.”
He said that while the authenticity of the recording may be a legal issue to grapple with, but by Nandlall admitting to what was said, “then where are you going with the forensics.”
According to Nagamootoo, he is not in any way against the authentication of the recording, but the authorities must also deal with what it also presently has before it.
INTEGRITY AND CHARACTER
Meanwhile, executive member of the AFC, Cathy Hughes, who was also at the press engagement weighed in on the Nandlall debacle.
According to Hughes, it must be brought to bear that an important element of the discussion to be had, lies with the integrity and character of the individual involved.
“What we want to say is that in situations like this, once there is material that has been voiced that questions the integrity of the person that you uphold; that you have put up there as a leader and representative of this country, what we are saying is that it is not the type of leadership that we feel that this country should have to face.”
Hughes was adamant that enough Guyanese and various organisations have registered their view that “this is totally unacceptable…so it is not a question of how it was recorded.”
Hughes, herself a journalist, expressed the view that if she wanted to record an incoming conversation to her, “that
certainly is not an interception.”
She was adamant that the poignant question at hand is not how the recording was obtained but rather what the information revealed about the character of the person, namely Nandlall.
“Is that the best that we have to hold the most important position of Attorney General?”
SEXUAL DISCRIMINATION
The sentiments by both politicians came on the heels of a call for the resignation of Nandlall, by the ‘Women for Change’ organisation, the female arm of the party.
Latchmin Punalall, representing the group, dealt more specifically with the utterances by Nandlall regarding a young female journalist at Kaieteur News.
In the audio recording, Nandlall could be heard asking repeatedly about the identity of the young lady and further he intimated that his relative was interested in a sexual encounter with her.
According to Punalall, the attack on women by the Attorney General is being condemned in the strongest possible terms.
She termed it offensive and disrespectful language used by Nandlall to “drag this young lady into an illicit sexual relationship…We view this as inappropriate sexual advancement and harassment meted out to this young lady and we call upon all Guyanese to publicly demand the immediate resignation of Mr Anil Nandlall”.
Punalall used the opportunity to draw reference to the nation’s statutes, namely the Prevention of Discrimination Act, which she said defines sexual harassment as unwanted sexual conduct.
She said that this Act is also used to protect women from a hostile working environment.
Punalall said that Nandlall, in his capacity as Legal Affairs Minister and Attorney General, should be more concerned with the protection of women’s rights rather than violating them.
She also used the opportunity to lament the support voiced on the part of the administration for Nandlall in the face of the damning evidence that has been made public and asked “where is the consciousness of the PPP/C and their supporters in all of this, especially the womenfolk?”
November 7, 2014
Only a Gov’t afraid of its people would desecrate Parliament
“It is time that the PPP be made to confront their atrocities” – AFC
By Gary Eleazar
While the political opposition appears set on approving a no confidence motion against
the current administration on Monday, the President’s threat of proroguing Parliament until further notice has been greeted as a form of political blackmail that would effectively lead to an extension of its term in office, this time with the absence of any Parliamentary scrutiny.
At least this is the view held by the mover of the unprecedented motion, Alliance For Change (AFC) Vice Chairman, Moses Nagamootoo, who yesterday met with media operatives at the Campbell Room of the Georgetown Club and roundly criticized Head of the State Donald Ramotar, over his warning.
To prorogue Parliament, would mean an executive decision to halt the meetings of the National Assembly without actually dissolving it.
An animated Nagamootoo yesterday told media operatives that for the President to prorogue Parliament rather than face the AFC’s No-Confidence Motion is disingenuous, cunning and shows that the Peoples Progressive Party (PPP) will resort to any devious method to extend its minority rule for as long as possible.
Nagamootoo, himself a former PPP member, said Guyanese must be made aware of the fact that, that should the President prorogue Parliament, he would not be duty bound to call new elections. Elections are only due after Parliament is dissolved.
Nagamootoo explained further that the President can prorogue Parliament for as long as six months during which time the PPP Government would not be responsible to the National Assembly and “they could continue to dip their fingers in the Treasury”.
Following the six months, the President would be free to reconvene the Assembly and, if still faced with the No Confidence Motion, he may then dissolve Parliament.
“That would give him three months within which to hold an election…By proroguing Parliament, President Ramotar would be securing nine months for his government without any Parliamentary sitting and without any scrutiny.”
According to Nagamootoo, this is the devious plan of the Ramotar administration.
Nagamootoo insisted that Guyanese have now been put on their guard that “our country would then enter into an extra-parliamentary dictatorship.”
He reminded, too, that the British practice of proroguing a session and opening a new session once every year was carried out in Guyana, but the practice faded out years ago “and we have reached the stage where Parliament is now no longer prorogued during its life…Only a Government that is frightened of its own people would desecrate and suspend Parliament.”
Nagamootoo is of the firm view that the PPP is aware that its abuse of the Constitution and the public’s purse have placed it in a position where the people have lost all confidence in the administration’s ability to govern in the best interest of the nation.
“It is time that the PPP be made to confront their atrocities…We demand that the PPP either debate the No Confidence Motion or dissolve Parliament…Either way, the PPP must face the electorate in General Elections.”
Given the uncertainty of what obtains between now and Monday’s sitting of the National Assembly, the AFC’s Vice Chairman announced that come today, it will be holding a summit with its Parliamentary Opposition counterparts, A Partnership for National Unity, in order to fine tune strategies in face of the threat of a prorogued Parliament.
Pressed with the possibility of the President actually making good on his threat, Nagamootoo said that since the country will then be under the rule of an executive order in an extra-parliamentary fashion, the opposition and Guyanese people will then have to resort also to extra-parliamentary measures.
Nagamootoo did posit his belief that the threat by Ramotar is nothing but a ploy to buy time.
He suggested that Government has realized that perhaps it needs the time to be able to strike some sort of deal to abort a no-confidence motion, a move he said “is all part of a very spineless strategy.
According to Nagamootoo, failure to have the debate and proroguing parliament will lead to an extra-parliamentary dictatorship that would evoke extra-parliamentary responses by the people.
He reminded that the Guyanese people are empowered constitutionally with a peaceful mechanism to remove the government from office in the form of the no-confidence motion.
November 7, 2014
Govt.’s position on Nandlall’s actions exclude Luncheon’s input
Head of the Presidential Secretariat, Dr. Roger Luncheon yesterday told the media that government’s position on
revelations about the Attorney General (AG) Anil Nandlall’s alleged knowledge of a violent threat to Kaieteur News staffers does not necessarily reflect the advice by him to the President.
Luncheon said that while his opinion may have differed from those which influenced the position taken by the government, he is fully prepared to support the administration’s stance.
Dr. Luncheon was asked yesterday whether he had advised President Donald Ramotar on how to go about addressing the issue initially, and how to respond to calls for the removal of Nandlall from the post of Attorney General, but he did not give a direct answer.
The Cabinet Secretary made it clear that he has sought to distance himself from addressing press briefings and the public on the matter. He reasoned that his option to take that position is linked directly with the principle of sub judice.
He continued however, by saying that the President’s position on his Attorney General’s tenure has not been a matter that lacked clarity from day one – that position being that Nandlall, despite his illegal utterance, “enjoys the president’s full support.”
Dr. Luncheon said, “I think you would agree that if the instant response by the President is to be given a value that goes beyond the content of the support.”
He asserted that added value comes from the fact that the government had been very timely in its declaration of the support to Nandlall. Indeed, the government had mere hours after Nandlall’s recording was made public, issued a statement defending Nandlall, making allegations of distortion and manipulation, and essentially painted Kaieteur News as an enemy of the state.
Asked to clarify whether or not he advised the President on the matter, Dr. Luncheon again avoided a clear response, stating that he doesn’t “really any longer” consider himself as an advisor to the President.
He said that he has indeed, over the years, been engaging Presidents on “Luncheon’s perspective”, “but I don’t believe that that has anything to do with a job, the President has advisors…he’s got this one advisor and he’s got one that died recently (Presidential Advisor on Sustainable Development, Navin Chandarpal)… he has different advisors.”
Further pressed, Dr. Luncheon said plainly “yes, I had inputs into the disclosures that have taken place at cabinet level.”
Asked if his inputs are reflected in the position taken by the People’s Progressive Party administration, Luncheon replied, “I wouldn’t say that.”
The Cabinet Secretary said that it is kind of “difficult” when over 20 members have to vote on a decision.
Dr. Luncheon disclosed that, “Of course this is a matter that has gripped the attention of cabinet…it is difficult to say that Luncheon’s (position), particularly the people whose position accord with Luncheon’s position, has been taken as the overall position.”
He then sought to make it clear that once a position is adopted by the administration; there is no longer a difference between “the Luncheon” and “the government’s” position, for in the end, it is all one.
The embattled AG filed a $30M lawsuit against this publication for libel contained in an article published on October 28, titled “Attorney General reveals plan to hit Glenn Lall, Kaieteur News”.
Glenn Lall, the Publisher and owner of Kaieteur News two Mondays ago, handed over to the police, a recording of a conversation between Nandlall and a Senior Kaieteur News reporter Leonard Gildarie. In the profanity-laced recording, Nandlall could be heard talking about a potentially violent threat against Lall and his staff.
November 7, 2014
Nandlall’s recording could have an impact on PPP – Dr. Luncheon
Cabinet Secretary and Head of the Presidential Secretariat (HPS), Dr. Roger Luncheon was the first member of the government camp to admit yesterday that the profanity-laced 19-minute recorded conversation involving Attorney General Anil Nandlall and Kaieteur News reporter, Leonard Gildarie, could have an effect on the ruling party.
Dr. Luncheon made this assertion during a post-cabinet press briefing held at Office of the President.
He was questioned whether government is concerned about Nandlall’s utterances having a negative impact on its strength in going into election mode.
To this, the HPS responded, “I would be the first to concede that the nature of the utterances must have been considered. Our specific reactions have dealt with confirmation as to whether the level of manipulation, distortions can be scientifically established and if the correct version of the recording was made available…the second part has to do with the content itself and that must ultimately be confirmed as accurate… So yes, elections and an impact, that goes without saying.”
The Cabinet Secretary also stated that Government’s efforts are minimally two-fold; to inquire into, and to investigate scientifically and technologically the authentic content of the recording. “And then you might say in our usual parlance, deal with the fallout of what comes from establishing authentic content.”
Dr. Luncheon also confirmed yesterday that instructions have already been given for Government to take local and international steps with regard to the recording.
November 8, 2014
Harmon knocks down NCN’s defence of Nandlall recording
General Secretary of A Partnership for National Unity (APNU), Joseph Harmon, did not hesitate to shut down a
reporter attached to the National Communications Network (NCN).
The reporter appeared to have gone to the press conference with specific instructions to promote the government’s position on the embattled Attorney General, Anil Nandlall.
Nandlall, in the scandalous profanity laced 19-minute recording of a conversation with a Kaieteur News reporter, threatened physical harm to the people at Kaieteur News, degraded and made derogatory comments about a female reporter, and admitted to using state funds, illegally, for his personal use.
At its press conference, yesterday, at the Office of the Leader of the Opposition on Hadfield Street, Georgetown, NCN reporter, Olivia Rose, directed a question on the recording to APNU leader, David Granger.
The reporter claimed that Granger in his initial statements, spoke of the loss of public confidence in several Government Ministers, one of them being Nandlall.
“Why hasn’t there been any form of public condemnation from the APNU with regard to the illegal obtaining of a private conversation” between Nandlall and the Kaieteur News reporter, Leonard Gildarie, Rose asked.
Granger politely informed the young woman that the coalition had made a statement on the matter since last week. He then asked Harmon to comment on the “Anil-gate” matter.
Harmon in response to Rose said, “Why NCN keeps going back to this? Why are you trying to create a defence for the Attorney General? He knows what he has done. He has apologized for it. Why are you trying to justify that nonsense?”
The NCN reporter in a follow-up to Harmon’s response asked him whether he is supporting persons obtaining illegal
recordings of private conversations.
Harmon explained that he never made any such utterance. Harmon said that there has been no pronouncement or court ruling on whether the recording was obtained illegally.
The politician said that he believes that the slant taken by the government that the recording was illegally obtained, is merely to seek to defend Nandlall. The government’s position is not based on legal authority.
In light of the glaring fact that there has been no pronouncement that the recording is illegal or legal, Harmon said that it is fair in the “court of public opinion” to then examine the content of the recording.
“We are dealing with the content of what the gentlemen said. And every day right thinking citizens locally and abroad are expressing condemnation for the behaviour of the Attorney General.
“We have to recognize it for what it is and not try to create some kind of a defence when none exists. We cannot create a defense in NCN for him by saying that it is illegal,” the attorney-at-law said.
The APNU politician added that Nandlall, on his own, cannot deem the recording and how it was obtained to be illegal.
In any case, Nandlall never denied the recording nor did he question its validity.
November 8, 2014
Another one-man protest lands at AG’s office
…Seeks petition for Nandlall’s removal
This one-man picket opposite the Ministry of Legal Affairs yesterday afternoon, was part of the continuing protest against Attorney General Mohabir Anil Nandlall.
The demonstrator was also using an exercise book to seek petitions calling for the removal or the resignation of the Attorney General.
He also had at the back of his car a sound system playing the infamous ‘recording’ repeatedly for members of the passing public.
His cry, “If you love your country stop and sign…”could be heard along Carmichael Street, North Cummingsburg. When the man was asked about the reason for his protest he simply said “I want Nandlall out; we need him to step down, and if you are a Guyanese and love your country you should too.”
He urged the people of the nation to hear his plea and to do their part for the betterment of Guyana.
November 9, 2014
The “Anil-gate” scandal… recording vs. statements…Nandlall trying to confuse the nation –Nagamootoo
– released statements contradict revelations in despicable recorded conversation
Upon careful examination of several sections of the unapologetic statement by the embattled Attorney General
(AG), Anil Nandlall, Vice Chairman of the Alliance For Change (AFC), Moses Nagamootoo, is of the opinion that the Minister of Legal Affairs is shamelessly trying to confuse the nation.
Nandlall’s statement comes on the heels of a recorded 19-minute conversation he featured in alongside a Kaieteur News reporter, Leonard Gildarie.
Nagamootoo explained that the AG’s released statement, in an attempt to defend the “vile and nasty utterances” he made in the recorded conversation, only served to create more confusion and dent “whatever little integrity he had left.”
The AFC Parliamentarian highlighted one of the many glaring contradictions by the Attorney General. He did this by comparing one section of the statement with the recording.
In the recorded conversation, Nandlall said that he “used money from the government… and pay back long before” Kaieteur News Publisher, Glenn Lall “made an issue of it.”
However, in a statement released by a public relations consultant on Nandlall’s behalf, the Minister said, “I wish to set the record straight …the reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement was approved by Cabinet in a written Cabinet decision dated 20 June 2013.
“This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.”
Contrary to the so-called “entitlement” which Nandlall said existed “historically” even before his appointment, Nagamootoo, a former member of the People’s Progressive Party contended that this was never the case.
Additionally, the AFC executive member said that Nandlall also contradicted himself when in the recording he said that he leaned on a Ministry for money and paid it back. He turned around in his PR statement to say that he reimbursed the money.
“Nandlall is clearly trying to confuse the nation. Reimbursement is when you receive money that you expended. So if it’s a reimbursement why did he have to repay as he told Gildarie?
“Also, if this is a so called entitlement why did he have to get cabinet’s approval? Why did you have to go through that kind of process for a historically established privilege?”
Government should make clear to the people, its policy upon which such discretion for Nandlall’s reimbursement is given and even for other ministers in general, Nagamootoo said.
“While the government officials and ministers are entitled to their perks and privileges, the ordinary citizen and its union have to go around with a begging bowl for incremental increases in salaries.
“It is only reasonable that Cabinet explain to the people the criteria for this kind of approval for monies. They need to clear this up. This has to be some recent development for it never existed in my time,” Nagamootoo said.
Prime Minister, Samuel Hinds also said that currently, this is not the case.
Hinds had said that he would not call the monies approved for certain emergencies as an entitlement. The Prime Minister had disclosed that such discretion by Cabinet “is not something that is automatic. It is something that would require much review.”
A Partnership for National Unity (APNU)’s General Secretary, Joseph Harmon, at the coalition’s press conference last week, told media operatives that there are many parts of the infamous recorded conversation that APNU has not touched as yet.
Harmon however, had emphasized that the money Nandlall said he took was not approved by the Parliament for any such reason. The politician had said that this indicates that such a transaction is a “callous betrayal of the citizens’ trust and the fair way in which state resources are supposed to be allocated.”
Vice Chairman of the Alliance For Change (AFC), Moses Nagamootoo, in a letter to the editor said that he had found Nandlall’s admission that he had accessed and used government’s money for a personal purpose, which he claimed that he has since repaid, to be most disgusting.
Nagamootoo had lent much support to APNU’s intention to launch an investigation into the financial indiscretion. The Parliamentarian had said that the behaviour of the country’s Attorney General raises eyebrows.
He said that an investigation into that transaction ought to take place now.
November 10, 2014
Nandlall was crude and disrespectful
– “I was shocked at what he said and expressed to him how offended and disappointed I was at his remarks” – Manickchand
The deafening silence of People’s Progressive Party (PPP) Members of Parliament on issues that came out of the recorded conversation between Attorney General, Anil Nandlall and a Kaieteur News reporter, has finally been broken.
The Minister of Education, Priya Manickchand is actually the first government official to comment on the immorality of the utterances made by Nandlall in the recorded conversation.
Nandlall was heard saying that there are plans afoot to kill “innocent people” working at Kaieteur News in reaction to the many exposing stories the paper has been carrying. He was also heard admitting that he took taxpayers’ money and utilized it on his personal needs. Very disturbingly as well, the Attorney General, in the recording referred to a female Kaieteur News reporter as a “lil thing” and advocated that his uncle, Kamal Mangal got an opportunity to “f**K de girl.”
Manickchand, who was conferred an Honorary Doctoral Degree by Lesley University for her outstanding work in advocating for social justice and gender equality, finally spoke yesterday on the things Nandlall said about the female reporter.
In an invited comment, Manickchand told Kaieteur News that “what Nandlall said was crude and disrespectful and flies in the face of the environment that we (the government) are trying to establish and foster in Guyana.”
The Minister said that that environment is one where women should be treated as equals and celebrated for their worth in the development of Guyana and “not seen as chattel for men to use.”
The Minister said that she was shocked at the things Nandlall said and noted that she expressed to him how offended and disappointed she was at his remarks.
Manickchand said that she expects her colleague to do some soul searching.
However, she claimed that Nandlall was “deeply remorseful and apologized. I believe too he has issued a statement where he said he has the deepest respect for women and I would urge that he live the rest of his life evidencing this claim.”
The Minister went on to say that she finds it very hypocritical that Kaieteur News would seek her comments on this matter “when not so long ago this newspaper blatantly called a female public officer, with whom the newspaper seems to have a problem, a whore, in their pages.”
“This is the kind of harmful, backward environment that a newspaper should never harbour and promote as it could well set the tone for the way our men treat our women,” Manickchand noted.
The Minister said that she had called on this newspaper to apologize and retract their vile commentary. “I am still waiting on that apology and retraction.”
The Attorney General has had a noticeable part to play in the ‘Because we care campaign’, which falls under Manickchand’s Ministry.
The campaign involves the distribution of $10,000 to each child in the public school system.
Editor’s note:
This newspaper has never called any female, Guyanese or otherwise, a “whore” in its history of publication. We challenge Minister Manickchand to produce the sentence or the paragraph where the word ‘whore’ was used. We await her response.
November 10, 2014
The “Anil-gate” scandal… recording vs. statements…
Cabinet covering up Nandlall’s financial impropriety – Carl Greenidge
Just when it was thought that the Attorney General (AG), Anil Nandlall’s admission of misusing state funds was a grave enough injury to the current administration’s integrity, an insult of similar nature was on its way.
The insult is in the form of the Attorney General’s claims that his actions were legal and approved by Cabinet.
This view was posited by A Partnership for National Unity’s Shadow Finance Minister Carl Greenidge, who said that the fact that the AG could drag the Cabinet into his “dirty misgivings, only goes to show that Cabinet too is guilty of aiding in covering up Nandlall’s financial impropriety.”
Greenidge pointed to a part of the despicable 19-minute profanity laced recorded conversation between, Nandlall and Kaieteur News reporter Leonard Gildharie.
In the recorded conversation, Nandlall said that he “used money from the government… and pay back long before” Kaieteur News Publisher, Glenn Lall “made an issue of it.”
However, in a statement released by a public relations consultant on Nandlall’s behalf, the Minister said, “I wish to set the record straight …the reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement was approved by Cabinet in a written Cabinet decision dated 20 June 2013.
“This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.”
In light of the comparison made between the statement and Nandlall’s despicable recording, Greenidge said that, “As far as I understand, Ministers are only supposed to get an additional grant for monies in the case of medical emergencies which is going to be in addition to what they get from NIS. I don’t believe that it is even safe for one to consider that an entitlement. The fact that no member of Cabinet has spoken about this is an indication that they are aiding him in covering up a financial crime.”
The APNU Parliamentarian also stated that as far as his understanding of Nandlall’s circumstances is concerned, “what he took the money for constituted to no emergency. And in light of that glaring fact, Cabinet should not have been allowing him to use its chambers as some place to seek refuge when he has committed an illegality. But it is clear though, the government’s blue-eyed-boy has been caught. He confessed to misusing funds and as such they are aiding him in covering up the impropriety. That is clear when you do the comparison.”
As it relates to Nandlall’s contention that the money was an entitlement, he said that this is very “confusing.” He said that if the reimbursement was an entitlement to begin with, then Cabinet’s approval would not have been needed in the first place.
The former Finance Minister made the point that an entitlement just requires one to provide the relevant documents or filling of a form, and technical officers will take care of the rest.
“He is clearly confusing himself and trying to confuse the public,” the financial expert emphasized.
Regardless of what the Minister of Legal Affairs is contending, Greenidge said that a financial irregularity has occurred and it is one which attracts punishment and as such, Nandlall should be made to feel the full extent of the law.
“His statement and the confusion it causes should be rejected,” The APNU member asserted.
In support of Greenidge’s position, Leader of the Alliance For Change (AFC), Khemraj Ramjattan stated that the AG would have to prove under what circumstances or basis the money was granted.
Ramjattan noted that he was not aware that the Cabinet members are privileged to such an entitlement. He too agreed with Greenidge on the point that the Attorney General has contradicted himself. “I mean, how you could say that you are entitled to something, and in the recording you said that you took money and then repaid it? If it was an entitlement, then how come your conscience forced you to pay it back before you were exposed by the Kaieteur News? Clearly he contradicted himself,” the AFC Parliamentarian stated.
In an interview with this publication, Prime Minister Samuel Hinds had said that he would not call the monies approved for certain emergencies as an entitlement. The Prime Minister had disclosed that such discretion by Cabinet “is not something that is automatic. It is something that would require much review.”
APNU’s General Secretary, Joseph Harmon, at the coalition’s press conference last week, told media operatives that there are many parts of the infamous recorded conversation that APNU has not touched as yet.
Harmon had emphasized that the money Nandlall said he took was not approved by the Parliament for any such reason. The politician had said that this indicates that such a transaction is a “callous betrayal of the citizens’ trust and the fair way in which state resources are supposed to be allocated.”
Vice Chairman of the AFC, Moses Nagamootoo, in a letter to the Editor said that he had found Nandlall’s admission that he had accessed and used government’s money for a personal purpose, which he claimed that he has since repaid, to be most disgusting.
Nagamootoo had lent much support to APNU’s intention to launch an investigation into the financial indiscretion. The Parliamentarian had said that the behaviour of the country’s Attorney General raises eyebrows.
He had said that an investigation into that transaction ought to take place now.
November 10, 2014
Sattaur denies report that he is fearful of Glenn Lall
…says “someone is trying to turn me into a politician”
Head of the Guyana Revenue Authority (GRA) Khurshid Sattaur has denied giving any recent report to a section of the media that he is fearful of his life and that he is concerned about any attempts that could be made by Kaieteur News (KN) publisher Glenn Lall to bring him harm.
In an article published yesterday, it was reported that Sattaur was being vigilant against any attacks that might come his way from the KN publisher. The article quoted Sattaur as saying that he remains ever vigilant, but yet fearful for his life.
However, Sattaur told Kaieteur News yesterday that “someone is trying to make me apolitician.” He told this publication that his statement contained in the article, was made more than a month ago following a telephone exchange he had with the KN publisher.
Sattaur said it was not a recent comment made to the media house, and reiterated that he is being made into a politician.
“I am not a politician. I have been a public servant for more than 30 years,” the GRA Commissioner posited.
“I don’t want to be dragged into a political fight. It is harming the organisation and destroying the moral of the staff.”
Asked to comment on the report, Sattaur said that he had nothing to do with the story, that it is an old story.
Sattaur claimed further that he had cause to call the media house which carried the article yesterday and express strongly, his dissatisfaction with their report. He indicated his disgust with how the media house could regurgitate his statements and make it seem recent.
November 12, 2014
Rohee dodges important questions on Nandlall
– Directs them to Cabinet Secretary
General Secretary of the People’s Progressive Party (PPP) and Minister of Home Affairs, Clement Rohee, refused
to answer questions relating to the controversy surrounding the Attorney General (AG)’s use of $6M belonging to the state for a personal undertaking.
In a profanity-laced recording of a conversation between the AG Anil Nandlall and a Kaieteur News reporter, Nandlall was heard admitting to the transaction
His exact words were, “I use some money from the government and Glenn (Kaieteur News Publisher Glenn Lall) mek an issue of it. I pay back deh f**king money long before he even mek de issue and he know about it because wha it pay fuh.”
The confusion came when Nandlall sought to cover his tracks. As he read a statement to employees of his Ministry, Nandlall said that what he was heard saying on the recording was unfortunately interpreted to implicate him in some form of financial impropriety.
He said, “I wish to set the record straight on that issue. The reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement was approved by Cabinet in a written Cabinet decision dated 20 June 2013. This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.”
This statement has already been contradicted by Prime Minister Samuel Hinds, but Rohee chose not to even answer questions related to the issue despite the fact that he is a sitting member of Cabinet.
When asked if he was present at Cabinet meeting when the body approved $6M of taxpayers’ money for the Attorney General’s personal use, Rohee responded, “What money?”
However, Rohee, who said he had “no knowledge”, made sure he clarified his statement.
The politician said “let me be careful, when I say I have no knowledge of that, I mean I have no knowledge of what you
are saying, not that I have no knowledge of what Cabinet approved.”
But when offered clarification on what was being asked, Rohee said “I am not going there.”
“Please, please, I would wish to encourage you not to use my press conference to legitimize a recording that the government is now seeking to have greater scrutiny,” said Rohee.
Pressed to answer the question even from the aspect of the AG’s statement, Rohee said that the best person to answer questions related to Cabinet would be the Cabinet Secretary, Dr. Roger Luncheon.
Rohee said that the Cabinet Secretary is best to answer, mainly because he has the record of all decisions made by Cabinet. But the probability of Dr. Luncheon answering that question is slim.
Only last week, he told the media that he wishes to distance himself from making public pronouncements on the Nandlall issue.
Luncheon noted too that government’s stance to support Nandlall even in the face of the recorded evidence of his transgressions does not necessarily reflect the advice by him to the President.
Luncheon said that while his opinion may have differed from those which influenced the position taken by the government, he is fully prepared to support the administration’s stance.
Another high ranking government official who spoke on the issue is Prime Minister Samuel Hinds. In an interview with Kaieteur News, Hinds said that he would not call the monies approved for certain emergencies an entitlement.
The Prime Minister disclosed that such discretion by Cabinet “is not something that is automatic. It is something that would require much review.”
November 12, 2014
AG’s recorded threats to K/News…Newspaper ready to make phone, recording available for authentication
Days after Government indicated its intention to seek overseas help to authenticate an explosive tape of one of its senior
Ministers indicating knowledge of threats against the lives of journalists, Kaieteur News has offered to make the phone available to an independent expert.
According to Publisher of Kaieteur News, Glenn Lall, he has seen statements from Cabinet Secretary, Dr. Roger Luncheon, who last week announced that Government has asked an entity in North America to help check the recording to ensure it was not doctored.
The Publisher has now offered to make the phone and the recording on it available to an embassy to ensure that it is kept safe, before being handed over to an independent party for authentication.
That recording has to do with a cell phone conversation three weeks ago between Attorney General Anil Nandlall, and senior reporter of Kaieteur News, Leonard Gildarie.
“I don’t understand what is happening here. The Government said they are sending the recording for authentication. What are they really sending? We have the original. One cannot help but think that they are playing for time and want to slow down the investigation,” Lall said.
According to the Publisher, he is not confident of the current investigation going anywhere.
In the 19-minute conversation, a copy which has been handed over to the police, the Attorney General, who is also the Minister of Legal Affairs and the chief legal advisor to Government, is heard telling the reporter to leave Kaieteur News because of an imminent attack over continuing reports published by the newspaper.
He said in the recording: “…Somebody gun go into Kaieteur … they gun just walk with their weapons into that same f**king Saffon Street office and wha come suh do and innocent, Peter gun gah pay fuh f**king Paul in deh one day, me tell you innocent, me tell you honestly, man to man, that will happen soon.”
The Minister also admitted to paying back millions of taxpayers’ dollars he used for a personal medical issue.
Among other things, he attempted to find out a name of a female reporter who participated in an interview with the
AG’s relative who was at the centre of an issue related to his remigrant status. The Government official said he wanted to procure the girl for his relative for sex.
He also described himself as a high caste Indian – a Kshatriya – a statement that caused widespread anger.
Kaieteur News, alarmed at the threats issued by the Minister, had made a criminal complaint, lodging a copy of the recorded phone call with the police. Copies were released to the media and to several of the foreign embassies in Guyana.
The contents of the recordings have sparked massive condemnation of the Minister with anger over his many revelations. There were numerous calls for his resignation and a probe into financial irregularities.
The recording attracted thousands of online hits hours after its release and has refused to go away.
While Government had initially sought to downplay the recording, with President Donald Ramotar saying it was “manipulated”, Nandlall himself later admitted he indeed had a conversation with the reporter who he described as a friend. He even attempted to defend himself against some of the statements made.
The threats have attracted the attention of local and international press bodies which issued separate statements condemning the Minister and calling for increased protection for journalists and media houses seen critical to Government.
Despite the fallout, Government has refused to budge on the Attorney General, making it clear it is behind him. It even accused Kaieteur News of wiretapping. However, the recording was made using a simple application which is available free of charge on most smartphones.
Vice Chairman of the Alliance For Chance (AFC), Moses Nagamootoo, had made it clear that the authenticity of the tape was not so important.
“This is an Attorney General that is there for 24 hours a day, so you have to own up to what you have said. Whether you are saying it to your friend, you are saying it in the capacity that you own.”
November 13, 2014
AFC briefs IMF on massive bribery and corruption
…reports on AG, GRA boss abuse of power
Leader of the Alliance For Change (AFC), Khemraj Ramjattan, has been quick to inform a visiting team of the
International Monetary Fund (IMF) of the abuse of power by Guyana Revenue Authority (GRA) Commissioner, Khurshid Sattaur.
He told the IMF that the party has strong reasons to believe that there is massive bribery and corruption in many “behind closed door deals.”
He also drew the attention of the team to the revelations in a 19-minute profanity-laced recorded conversation between Guyana’s Attorney General, Anil Nandlall and a Kaieteur News reporter.
Ramjattan said that extensive mention was made of the discovery by Kaieteur News that the GRA tax boss sent confidential tax information, including the corporate tax files of news agencies to former President Bharrat Jagdeo.
The admission by the Minister of Legal Affairs to misusing taxpayers’ dollars as well as having knowledge of a looming violent attack on the newspaper’s publisher, Glenn Lall and his employees was also reported to the IMF team.
The AFC General Secretary, David Patterson, along with Dominic Gaskin also accompanied Ramjattan to the meeting.
Ramjattan said that the IMF contingent made extensive notes on the damning revelations by the Attorney General and the tax chief.
It informed the AFC that the team will request further information.
The AFC used the opportunity to condemn the government’s use of Prorogation as the tool to smother the majority opposition supported no-confidence motion.
He told the visiting team that such a development has severely imperiledý the stability and order of the State and created huge tensions which will affect business and even the Christmas holiday seasons.
Ramjattan said that the representatives wanted some particulars on Chief Justice Ian Chang’s budget ruling. The IMF also wanted the AFC opinion on the budget ruling.
The issue is whether reduction or cutting line items from the budget is permissible.
The attorney-at-law said that he informed the group that Guyana’s Constitution clearly gave the Committee of Supply and by extension the National Assembly, the power to do both.
The IMF team however asked for a copy of the CJ’s ruling and the relevant arguments which Ramjattan promised to provide.
He informed the team that an appeal of Chang’s ruling is still pending.
The AFC Parliamentarian said that what was also emphasized during the meeting was the massive corruption in the procurement sector especially in the supply of pharmaceuticals to the government.
The New Guyana Pharmaceutical Corporation (GPC), a privately-owned company headed by Dr Ranjisinghi ‘Bobby’ Ramroop, the best friend of former President Bharrat Jagdeo, has been the sole supplier.
Ramjattan said that he informed the special contingent of the history of the non -establishment of the Public Procurement Commission and the long standing debate between government and the opposition for the Constitutionally mandated organ to be implemented. The IMF team, he said, requested more details on this front.
“We laid it all out for them right up to the government’s demands for Cabinet’s no objection role in the process of the procurement of contracts,” the AFC leader added.
The delegation also inquired of its perspective of the allegations of the illegal spending of $4.5B by Minister of Finance, Dr. Ashni Singh.
While this was not to his surprise, Ramjattan told his publication that he took the representatives through the provisions of the Constitution and those of the Financial Management and Accountability Act of which Dr. Singh was violating.
He reminded the IMF visiting team that it was the IMF that had pressured the government to pass the Act which the Finance Minister is now openly abusing.
Of course, the team asked the AFC for a copy of the laws.
The AFC leader did not hesitate to update the group on what the party believed to be “giveaways in the extractive sector.”
He emphasized to the delegation that the country is not benefitting from the best deals particularly in the forestry and mining sectors.
November 16, 2014
President tells media to forget about Nandlall issue
President Donald Ramotar, on Friday, reverted to asking the media to let things slide. The issue was the action of Attorney General Anil Nandlall.
At a press conference he hosted at his office on Friday, Ramotar focused on the prorogation of Parliament.
But the President’s tone changed when reporters raised questions on the unresolved issues that came out of the recording of a conversation between Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall and senior Kaieteur News reporter, Leonard Gildarie.
The recording revealed many things that Nandlall would have preferred to stay out of the public domain. These included his knowledge of a planned attack on Kaieteur News during which “innocent” lives would have been taken. The recording also revealed Nandlall’s use of public funds as well as his regard for women.
On Friday, Ramotar maintained that the recording was somehow manipulated and distorted.
While opting not to comment on the “technical part,” the President said his administration is not keen on dealing with the issues coming out of the recording since it is believed that the contents of the recording were taken totally out of context.
He said that the conversation was not intended for the public. President Ramotar said that “confidentially and privacy” are two important rights that have been slaughtered in the release of the Public official’s conversation with a journalist.
“These are very important matters in a normal society.”
A few hours after the recording was made public, government released a statement notifying the public that it has thrown all support behind Nandlall, despite the content of the recording.
The President was asked on Friday to list the factors that have been taken into consideration when government decided to take the route. Ramotar told reporters that only two factors were taken into consideration and those are that the conversation was not intended for the public and that it was taken out of context.
The President also defended where he was implicated in the tape.
Nandlall had told the reporter that “The President already spoke, not to Glenn, but to Bhena (Lall), right… I am telling you boss how every effort has been made.”
This, Nandlall said, was done in an effort to get Kaieteur News publisher to behave himself and not expose the government.
When asked about this, the President said, “I should have made a statement about that before…I never had any discussion with Bhena Lall relating to any tax issue…
“I know Bhena; I speak to her; yes that is true but we never had any negotiation on taxes.”
After a few other questions on the issue were raised Ramotar said “Let’s forget about that.”
“I am finish with that; Nandlall will have a press conference. I hope you turn up and ask him. I’ve made my position clear.”
He halted further questions on the Nandlall matter but allowed a reporter of the National Communication Network (NCN) to ask a question on the very issue.
The question posed was whether he was at all concerned about the means through which the Nandlall recording was obtained.
To this the President responded, “I think it is illegal, it is immoral and I know many people in the UK (United Kingdom) (who) went to jail for such actions.”
November 16, 2014
Reason Nandlall used funds is a private matter — says Ramotar
In a recorded telephone conversation between Attorney General Anil Nandlall and a senior reporter, Nandlall said, “I use some money from the government and Glenn mek an issue of it.
“I pay back deh f**king money long before he even mek (it an) issue.”
The AG later declared that the money was released to him by Cabinet for a medical emergency.
The money used by the AG amounted to $6M.
During the press conference on Friday, President Ramotar was asked to explain the process when a Cabinet Member requires money for medical emergencies.
He did not. The question was prompted by Nandlall’s comment in the recorded conversation.
“I do not think Nandlall did anything wrong. Long before I became President, Cabinet Members had that kind of privilege.”
But last week, Leader of the Alliance for Change, Khemraj Ramjattan, said that even if there is a provision for Cabinet Members to access funds for medical emergencies, the provision is for the member not a son, mother or wife of the member.
Ramjattan said that there was no such provision while he was a member of Cabinet.
But the President said yesterday, contrary to what was noted before by Government officials, that family members of Cabinet officials can indeed access money.
He said that Cabinet would usually make this judgment on a case to case basis.
During the recording, Nandlall was heard admitting that his wife was involved in the utilization of the money.
When asked to state whether he would have considered the use the money went to as an emergency, Ramotar responded, “You know what I find wrong with this conversation, I was just speaking about privacy…we shouldn’t speak about health problems publically.”
The President however conceded that it is public funds and the public has a right to know but said that “ethics” prevented him from speaking further on the use of money for medical reasons.
President Ramotar was reminded that Nandlall said he repaid the money which would suggest that he took a loan. With that given basis, the President was asked if it is normal to borrow for personal reasons.
He responded, “I did not get into all the details about that because as I said I don’t like to get into people’s health business but I suppose if Nandlall said that (he repaid), it is because he probably did not want to make that an issue. But you have to ask him that.”
November 17, 2014
Nandlall’s threat to K/News…President’s conclusion on Nandlall recording is shocking – lawyers
President Donald Ramotar has once again come under fire for his comments on a recorded conversation in which Attorney General, Anil Nandlall, a Minister in the government, has admitted to using taxpayers’ dollars illegally and for issuing threats against Kaieteur News.
The President, despite the fact that the matter is being investigated by the police, made it clear that he believed that the recording was illegal.
The President’s conclusion is being viewed as highly unusual as his administration is known to shy away from issues that are before the police and the courts.
It has been a line that the administration has deliberately been pushing to divert attention from, among other things, some of the racially charged statements that the Minister made.
The Minister, during the conversation, attempted to find out which reporter investigated his uncle in a remigrant vehicle scheme fraud.
He wanted the name of the young reporter so his uncle can f*^k her, he said. He was also heard saying that he is a Chatrie- a high caste Indian. That statement has sparked widespread anger against the Minister and the administration.
During a press conference at his office on Friday, the President halted questions on Nandlall, but entertained a pointed one by a state reporter on the legality of the recording.
“I think it is illegal, it is immoral and I know many people in the UK (United Kingdom) (who) went to jail for such actions.”
It is these remarks that the President is now being criticized for. The embarrassing recording has sparked a major debate and a crisis in the ruling party which decided to support the embattled Attorney General despite the revelations.
The Minister has himself admitted publicly that he had a conversation with the senior reporter of Kaieteur News about three weeks ago.
The Bar Association, and the Opposition, among others, have called for the Minister’s resignation to facilitate an independent probe.
There have also been criticisms from newspapers in the region and from the local and international press bodies.
Without much information, Government initially took the position that the recording was done illegally via wire-tapping. However, the newspaper, in statements to the police, explained that it was nothing of the sort. Rather, smart phones can be easily equipped by free applications available at the “Play Store” programme that can be used to record all incoming or outgoing calls. Clearly there is no wiretapping.
Local observers have already made it clear that wiretapping is not the same as having a programme on the phone itself to record calls.
Rather, wiretapping must include a third party, other than the two callers, who is using programmes or equipment to intercept the conversation.
In the conversation, the Attorney General, who is the Government’s Chief Legal advisor, warned the reporter to get out of Kaieteur News, saying that angry people will use guns to attack the offices of the newspaper, which happens to be the country’s largest daily.
Kaieteur News’ Publisher, Glenn Lall, based on the recorded threats by the Minister, has made an official police complaint. However, there has been silence from the police on the issue.
Kaieteur News has even offered to send the phone and recording via a nominated embassy to an independent analyst to determine that the recording was not doctored.
President Ramotar, on Friday, did not want to answer questions and told reporters to forget about it. He maintained that the recording was somehow manipulated and distorted.
While opting not to comment on the “technical part,” the President said his administration is not keen on dealing with the issues coming out of the recording since it is believed that the contents of the recording were taken totally out of context.
He said that the conversation was not intended for the public.
President Ramotar also said that “confidentiality and privacy” are two important rights that have been slaughtered in the release of the Public official’s conversation with a journalist.
The President’s comments would come at a time when the nation is grappling with a recently released explosive report from the Ombudsman’s office which criticized the police, the administration, and the Director of Public Prosecution, for laying wrongful fraud charges against three senior managers of the New Building Society, back in 2007.
The named officials have since denied the comments by the Ombudsman.
The charges had been dismissed but the managers lost seven years of their life and pension benefits.
Chief Executive Officer, Maurice Arjoon, claimed that he was charged, at the urgings of former President Bharrat Jagdeo, after he refused to illegally endorse a $2B investment for the Berbice Bridge. Government in 2006 had been searching for investments for that project.
The President’s statement would also come at a time when Publisher of Kaieteur News, Glenn Lall, and his wife, have been placed on trumped up charges for evading taxes on two vehicles.
The vehicles were seized from the home of the real owners. Those charges against Lall followed a number of shocking emails between Nandall, Jagdeo and Khurshid Sattaur, the head of the Guyana Revenue Authority which were published in this paper.
The emails spoke of a plot to use audits and other means to silence the newspaper.
Tax details of local newspapers were also leaked by Sattaur to the two other men.
Like the telephone conversation between Nandlall and the journalist, the Ramotar administration has been refusing to act.
Yesterday, lawyers for Kaieteur News said that they have been following the President’s comments which they said are rather “unfortunate and rather pre-emptive” at this time.
“It almost seems as if the President is in a sly manner, telling the police how to act. It almost seems like the NBS matter in which the former President reportedly had a role to play.”
November 18, 2014
File on Nandlall’s threats to K/News complete – Crime Chief
Director of Public Prosecutions, Shalimar Ali-Hack, is expected to advise the police
soon on the way forward with regards to the allegations brought against Attorney General Anil Nandlall by publisher of the Kaieteur News Glenn Lall.
Yesterday, senior police officials, including Divisional Commander Clifton Hicken and Crime Chief Leslie James, confirmed that the file on the matter has finally been completed and it was expected to reach the DPP’s office by today.
It’s been more than three weeks since the Kaieteur News Publisher filed a complaint with the police alleging that the Attorney General had knowledge of a plan to attack the newspaper offices on Saffon Street.
The Attorney General, in a recorded conversation with Senior Reporter Leonard Gildarie, a few weeks ago, hinted at a plot to attack the Kaieteur News in retaliation to the newspaper’s exposure of corrupt activities by persons close to the ruling administration.
In the conversation with the Kaieteur News senior reporter, Nandlall told Gildarie that Kaieteur News had become a very dangerous place and that he should leave to avoid being at the wrong place at the wrong time.
Initially the police appeared to have been stalling the investigations into the matter and this approach was criticized by certain sections of society, which accused them of abandoning all pretence of impartiality and neutrality.
Lall in an invited comment said that he is surprised that such a straightforward issue would take such a long time.
“Right now I am beginning to lose faith in our police force and that is sad,” Lall stated.
November 20, 2014
AG Nandlall’s threats to Kaieteur News…Regional media body condemns Govt. stance on journalists’ safety
A regional media body has condemned Government. Yesterday it called for the state to pull out all stops to ensure
the safety of media workers.
According to the Association of Caribbean Media Workers (ACM), the Government of Guyana must do all in its power to protect media workers from violent attacks and acts of intimidation. The government must also ensure that it does not send mixed signals about its stated commitment to a safe environment for all journalists and media practitioners in the country.
ACM said that it has noted the alleged threat of gun violence against media workers at Kaieteur News reportedly made by Attorney General Anil Nandlall and recorded by a senior reporter.
ACM said that in a statement on the allegations, the Guyana Government has described the conversation as “private; it was illegally recorded, distorted, manipulated and taken out of context to reflect a different dialogue”, and that as the Attorney General has since filed legal proceedings “the matter is currently sub-judice”.
The media body which has members in CARICOM member countries and is part of the global media association, said that it is cognizant that in the same statement, Government’s claim that the Kaieteur News was guilty of offensive publications and efforts to “solicit apologies, retractions or clarifications are met with further abuse” and “injunctions issued by the judiciary restraining offensive and libelous publications are ignored with impunity…”
“The ACM believes the government must be unambiguous in its stated commitment to freedom of the press especially as it is aware that in 2006 masked men armed with automatic weapons killed five employees of Kaieteur News printing staff execution-style.”
The media body insisted, yesterday, that it was in full, unwavering support for media workers in Guyana and called on the Guyana Government to prosecute to the fullest extent of the law anyone, including public officials, who plot or execute violent attacks on the media.
“We also urge our media colleagues to press on and to publish without fear or favour stories deemed to be in the public interest.
“There are sufficient guarantees in current laws to protect freedom of the press and the rights of individuals and public officials.
“Violence and the threat of violence against the media offer no solution to the tensions that arise in a modern democracy.”
ACM is an organisation of journalists and media worker associations spanning the Caribbean Basin.
ACM’s statement would follow that of the Vienna-based International Press Institute (IPI) which also condemned Government and asked for assurances that media workers will be protected.
Late last month, Attorney General Anil Nandlall was heard making shocking threats of gunmen attacking the offices of Kaieteur News, the country’s largest newspaper.
In the 19-minute conversation, which was recorded on the reporter’s phone, the Attorney General, who is also the Minister of Legal Affairs and the chief legal advisor to Government, is heard telling the reporter to leave Kaieteur News because of an imminent attack over continuing reports published by the newspaper.
Vice Chairman of the Alliance For Chance (AFC), Moses Nagamootoo, had made it clear that the authenticity of the tape was not so important.
“This is an Attorney General that is there for 24 hours a day, so you have to own up to what you have said. Whether you are saying it to your friend, you are saying it in the capacity that you own.”
Kaieteur News Publisher, Glenn Lall, has himself expressed concerns over the police’s investigation. The file, reportedly, has been completed and sent to the Director of Public Prosecution for advice on the threats by the Minister.
November 23, 2014
Glenn Lall for court over alleged three-month-old threat to Sattaur
It took almost three months to investigate, and the Director of Public Prosecution (DPP) has finally advised that charges
be brought against Publisher of the Kaieteur News, Glenn Lall, for an alleged threat he made against Commissioner General of the Guyana Revenue Authority (GRA) Khurshid Sattaur.
On Friday, six days after the file was returned to the police, Lall was served with a summons to attend the Sparendaam Magistrate’s Court tomorrow to answer a charge of threatening language.
But in a comment to Adam Harris, Editor in Chief of Kaieteur News, Sattaur said that three months after the issue, when things have died down the charge serves nobody’s interest. Coming as it does now, three months later, highlights the incompetence of the situation.
“It will only acerbate the situation.” The Commissioner General was upset over the way the GRA was being dragged into political issues over which he had no control.
“I am happy that the situation has normalized. My lawyers will act in the appropriate manner to suit the situation.”
But Lall is expected to be at two separate courts at the same time, since he is also scheduled to be at the Georgetown Magistrate’s Court to answer tax evasion charges.
According to the recent summons which was served at the Publisher’s Saffon Street office by Police Sergeant Nigel Stephens of Brickdam Police Station, Lall is accused of threatening Sattaur contrary to section 141(a) of the Summary Jurisdiction (offences) Act Chapter 18:02.
It is alleged that on Friday August 29 at Plantation Goedverwagting, East Coast Demerara, Lall made use of “threatening language to Khurshid Sattaur.”
The threatening language charge reportedly stems from a telephone conversation between Lall and Sattaur three months ago.
Following the conversation, the Commissioner General cried foul and complained to the police that Lall had threatened
him.
He went further by going public with his allegations.
Meanwhile, the DPP is presently examining a file prepared by the police on a complaint made by Kaieteur News Publisher Glenn Lall against Attorney General Anil Nandlall.
Lall had complained that the Attorney General, by way of threats made in a recorded telephone conversation, has knowledge of a plan to shoot up the newspaper’s offices.
That file was received by the DPP on Tuesday last and is awaiting her advice.
November 23, 2014
AG threat to Kaieteur News…Nandlall was uncouth, obnoxious and offensive – PPP MP
– “One can only hope that the sentiments expressed in his apology are true but we have to wait, watch and see.”
Even though it seems like the political camaraderie in the People’s Progressive Party (PPP) administration
overrides the innate desire to command respect for fellow women, another female government official
has commented on the Attorney General’s disregard for women.
PPP Member of Parliament, Dr. Vindhya Persaud, has noted her dissatisfaction with the comments made by Minister of Legal Affairs and Attorney General, Anil Nandlall, during a recorded conversation with a senior Kaieteur News reporter.
Nandlall was heard saying that there are plans afoot to kill “innocent people” working at Kaieteur News in reaction to the many exposing stories the paper has been carrying.
He was also heard admitting that he used taxpayers’ money for personal reasons. The Attorney General, in the recording referred to a female Kaieteur News reporter as a “lil thing” and advocated that his uncle, Kamal Mangal got an opportunity to “f**K de girl.”
In an invited comment, Dr. Persaud, has made staunch interventions on the decline of public morality in the past. She said that she found Nandlall’s remarks to be extremely uncouth.
She also sits at the head of the Guyana Hindu Dharmic Sabha.
“Those sentiments should have never been expressed let alone be made so that the public could hear it.”
Dr. Persaud said that whether she sits in the religious or political world she see things the same.
The Member of Parliament said, “We as women have been fighting for some time to ensure that we are not seen as objects and I think that his (Nandlall’s) comments in that regard were just absolutely obnoxious.”
She added, “One can only hope that the sentiments he expressed in his apology are true but we have to wait, watch
and see.”
Persaud said that she has not seen Nandlall in a while but wants to and will let him know that she found his remarks to be very offensive to women.
Asked if she feels comfortable with him as a political colleague in Parliament, Dr. Persaud declined to comment.
She said, “I would not comment on that at this point but it (Nandlall’s remarks) was really obnoxious. I hope he meant every word of his apology.”
Minister of Education, Priya Manickchand, was the first Government official to comment on the immorality of the utterances made by Nandlall in the recorded conversation.
Manickchand, who was conferred an Honorary Doctoral Degree by Lesley University for her outstanding work in advocating for social justice and gender equality, had told Kaieteur News, “What Nandlall said was crude and disrespectful and flies in the face of the environment that we (the government) are trying to establish and foster in Guyana.”
The Minister had said that the environment is one in which women should be treated as equals and celebrated for their worth in the development of Guyana and “not seen as chattel for men to use.”
Manickchand had said, too, that she was shocked at the things Nandlall said and noted that she expressed to him how offended and disappointed she was at his remarks.
The Education Minister said that she expects her colleague to do some soul searching.
She had claimed that Nandlall was “deeply remorseful and apologetic”.
November 25, 2014
Sattaur drops threatening language charge against Glenn Lall
…new date set for trumped up tax evasion charges
The charge against Kaieteur News publisher, Glenn Lall, which claimed that he threatened
Commissioner General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, was dismissed by Magistrate Alex Moore yesterday.
It was three months after an investigation was launched into the allegations, that Lall was summoned to appear before the Sparendaam Magistrate’s Court.
The publisher of the local daily was being accused of using threatening language towards the GRA Head on August 29, last, at Plantation Goedverwagting, East Coast Demerara.
Lall pleaded not guilty to the allegation; Magistrate Moore smiled and remarked, “Fortune smiles upon your favour”. The Magistrate went on to inform Lall through his Attorney, Khemraj Ramjattan, that a legal representative for Sattaur had addressed the court prior to his arrival.
He explained that Sattaur through his attorney, Joy Persaud, had refused to offer any evidence against Lall. The GRA boss, the Magistrate said, was no longer interested in pursuing the matter and did not plan to appear in court to testify against Lall. The matter was accordingly dismissed.
Following the announcement by Magistrate Moore, a round of applause erupted in the courtroom which was packed to capacity, largely with persons waiting to have their matters heard.
The threatening language charge had reportedly stemmed from a telephone conversation between Lall and Sattaur three months ago. Following the conversation, the Commissioner General cried foul and complained to the Police that Lall had threatened him.
He went further by going public with his allegations.
However, Sattaur, who spoke to Kaieteur News last Saturday, said that three months after the issue, when things have
died down, the charge serves nobody’s interest. He said that coming as it does now, three months later, highlights the incompetence of the situation.
“It will only acerbate the situation.” The Commissioner General was upset over the way the GRA was being dragged into political issues over which he had no control. “I am happy that the situation has normalized. My lawyers will act in the appropriate manner to suit the situation,” he had assured.
Speaking with reporters who had flocked the courthouse, Lall expressed hope that the authorities, in the same manner which they pronounced on this investigation, do the same with the profanity-laced recording during which Minister of Legal Affairs and Attorney General, Anil Nandlall, is heard speaking of a plot to kill Kaieteur News staffers.
He further noted, “This is disrespectful to the people of this country. This is not a mockery only to the judiciary, it’s a mockery to the nation, the police, the DPP and her office; it’s a complete waste of resources.”
His attorney, who is also the Leader of the Alliance for Change (AFC), told Reporters, “The farce continues and it goes to show that when they want somebody they would do all manner of things just to get them.”
“This may not be the end of it; they would probably want to bring on some other charges and a whole heap of other things to pressure the newspaper man that is doing such a wonderful job of exposing them.”
Asked what sort of message this sends to the ordinary man, Ramjattan said that it sends one intended to induce fear.
“So they don’t have any evidence, the witnesses are not going to come to testify but they charge. The fact of having to run to court with the little trauma that you will always have when coming to court is the fear that they’re diving in. But they should know Glenn Lall by now,” he affirmed.
Ramjattan said that no tactic of inducing fear or activity to make him (Lall) cower, will work.
Lall was accompanied by Kaieteur News Editor-in-Chief, Adam Harris, other members of his staff, family members and supporters, among them Social Activists, Mark Benschop and Freddie Kissoon.
Tax Evasion charges
Before his hearing at the Sparendaam Magistrate’s Court, Lall and his businesswoman wife, Bhena, made an appearance before Magistrate Judy Latchman at the Georgetown Magistrates’ Court where they were given a new court date for the alleged tax evasion case.
They were ordered to return on January 8, 2015 after the Magistrate was informed that the remigrants, Narootandeo and Gharbassi Brijnanan, who were set to respond to charges in the case, are currently in the United States (US).
The court heard that the couple is away because Narootandeo Brijnanan is undergoing a surgery. The couple has also been named in the private criminal charges drawn up by GRA.
The Lalls are facing joint trumped up charges of conspiring to evade taxes on two vehicles imported by two remigrants. The said couple was also charged with attempting to defraud the GRA of revenue.
In this case, the Guyana Revenue Attorney (GRA) is being represented by Attorneys-at-Law Sandil Kissoon and Mahendra Satram while the Lalls are being represented by a team of high profile attorneys led by Senior Counsel, Rex McKay.
Their team includes Attorneys-at-Law Khemraj Ramjattan, Nigel Hughes, Joseph Harmon, Robin Hunte, Brenda Glasford, Bettina Glasford and Christopher Ram.
It was Hunte who entered an appearance on behalf of the Lalls yesterday and the local daily’s publisher reported that the Brijnanans will return to these shores in December.
The charge against the Lalls detailed that between June 18, and September 30, 2013, they knowingly dealt with goods with the intention to defraud GRA. They are being accused, too, of aiding and abetting the evasion of duty on the two Lexus vehicles between June 18 and September 21, 2013.
The Publisher and his wife denied the charges when they appeared on October 13, last, before Chief Magistrate Priya Sewnarine-Beharry. They were released on their own recognizance (self-bail).
That court appearance came less than a month after a series of shocking emails between the Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, the Attorney General Anil Nandlall and former President, Bharrat Jagdeo, which spoke of a plot to silence Kaieteur News.
In late August, GRA descended on the Continental Park residence of the Brijnanans, close family friends of the Lalls for over two decades, and officers moved to seize two Lexus vehicles.
The vehicles were brought in by the Brijnanans last year after their application for remigrant status was approved by the Ministry of Foreign Affairs on July 3, 2013 and tax exemptions granted by GRA a few days later.
The proceedings in the city court yesterday ended in about five minutes.
November 25, 2014
GRA’s Commissioner-General defends decision to drop charges
Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, wishes to assure the taxpaying
public that while he continues to maintain the position that the verbal threats were issued to him by Kaieteur News Publisher, Glenn Lall, he is very disappointed with the untimeliness in which the charges were instituted.
As a result of the delay he will not be providing further evidence in the matter. According to the Commissioner-General based on his statement put forward as evidence already given to the Police on the matter, the Magistrate could have either continued to have the matter heard or withdraw the matter. The Magistrate obviously chose to take the latter position.
“My decision of not providing further evidence on the matter today, at this juncture, is consistent with the position that I have asked my lawyer, who represented me, to take on the matter that would hopefully see the GRA being removed from the spotlight, as the staff were beginning to feel the fatigue from the excessive public attention that was unwarrantedly given to the current court imbroglio in which the Lalls were charged for criminal offences under the Customs Act,” the Commissioner-General said.
Further, he stated that it would appear from the protracted time taken by the DPP in eventually recommending criminal charges against the threats, that there was a perception of some difficulty in the pursuit of the charges.
“Having therefore the concern over the possible negative outcome, and in view of the manner in which this matter has been pursued in the media, moreso by certain media houses, in consultation with my lawyers, it was decided that no public good can be served to have evidence provided on the matter today and in the foreseeable future,” Mr. Sattaur stated.
According to the Commissioner-General, the GRA cannot run the risk ONCE again to fall prey to such issues that can result in the situation spiraling out of control from being manipulated on both sides of the divide. The GRA has a greater public interest to serve at this point in time in ensuring that it fulfills its mandate in collecting Government revenues in keeping with the estimate that has been approved in the National Assembly for the year 2014 of in excess of $135 billion.
November 26, 2014
Protect K/News and staff, investigate AG Nandlall
– International Human Rights body tells Govt.
The Inter American Commission on Human Rights (IACHR) has ordered the Guyana government to provide
within 15 days information to the Commission on the steps the government intends to take to protect Kaieteur News and its staff.
Guyana is a member of the IACHR. The order stemmed from a report to the commission by Christopher Ram following the release of a telephone recording between Attorney General Anil Nandlall and Kaieteur News senior reporter, Leonard Gildarie.
“After analyzing the factual and legal arguments put forth by (Christopher Ram) the commission considers that the information presented demonstrates prima facie that the members of Kaieteur News journal are in a serious and urgent situation since their lives and personal integrity face an imminent risk of irreparable harm.”
It ordered that the government provide updated information periodically.
“Given that the present precautionary measures have been granted without having previously requested information from the State, the Commission will review this decision once it receives reports from both parties.”
The Commission informed Guyana that it must adopt the necessary measures to protect the lives and personal integrity of (Glenn Lall, Adam Harris and Leonard Gildarie); agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure in order to prevent their repetition.
The facts are contained in a recorded telephone conversation between Attorney General Anil Nandlall and Kaieteur News senior reporter, Leonard Gildarie.
This conversation was released to the public by Kaieteur News.
The commission noted, “During the conversation, the Attorney General purportedly threatened Kaieteur News’ staff
and revealed knowledge of a possible attack against them.”
“Although Mr. Glenn Lall made a formal complaint to the police concerning the purported threats uttered by the Attorney General against the newspaper, ‘[…] no form of action has been taken against (Nandlall.)
The Inter-American Commission and the Inter-American Court of Human Rights have repeatedly established that precautionary and provisional measures have a dual nature, precautionary and protective.
Regarding their protective nature, the measures seek to avoid irreparable harm and preserve the exercise of human rights. Regarding their precautionary nature, the measures have the purpose of preserving a legal situation being considered by the IACHR.
Their precautionary nature aims to preserve those rights at risk until the petition in the Inter-American system is resolved.
In the present situation, the Commission considers that the requirement of seriousness is met, in light of the alleged threat expressed against the lives and personal integrity of the Kaieteur News personnel, within the framework of their right to freedom of expression.
The commission noted, “In particular, the information presented suggests that the purported threat was oriented toward preventing the members of Kaieteur News from freely exercising their role as journalists, related to a series of reports on corruption cases, among other issues, which allegedly affected high ranking officials within the Government.
“In addition to the purported threats, it is worth mentioning that the IACHR Special Rapporteur for Freedom of Expression closely followed up the situation of freedom of expression and of reporters in Guyana, and condemned the reported murder of workers from Kaieteur News in 2006.
“Moreover, concerning the purported context of violence against reporters in Guyana, the allegations presented appear
to be consistent with recent information received by the IACHR in that regard.”
The Commission said that it considers prima facie that the rights to life and personal integrity of the three identified members of the Kaieteur News journal face a situation of risk.
The publication of the taped conversation between the Attorney General and Mr. Leonard Gildarie and the alleged lack of an investigation would increase the apparent situation of risk faced by the proposed beneficiaries, the commission said.
“It appears that the Kaieteur News staffs are presently in a situation of risk without any form of protection.”
“The Commission also requests that the Government of Guyana provide information, within the period of 15 days from the date that the present resolution is issued on the adoption of the required precautionary measures.”
Here is the full statement issued by IACHR
December 5, 2014
AG’s crude comments about female KN reporter…Women and Gender Equality Commission “still to take a position”
Chairman of the Women and Gender Equality Commission, Indra Chandarpal, recently disclosed that the body
is still to take a position on matters coming out of the recorded conversation between Attorney General Anil Nandlall and a senior Kaieteur News reporter.
Chandarpal was asked specifically to comment on remarks Nandlall made about a female reporter from this newspaper, as her (Chandarpal’s) organization is one mandated to uplift women as well as maintain a moral society. But well over a month after the derogatory statements were made, the body is still to examine the matter.
On October 27, Kaieteur News made public the aforementioned recording, during which Nandlall was heard referring to the female Kaieteur News reporter as a “li’l thing” and advocating for a relative of his to have an opportunity to “f*** de girl.”
Two of his female colleagues in government and the National Assembly have since condemned his actions.
Minister of Education, Priya Manickchand, and Member of Parliament Dr. Vindhya Persaud were the only two female People’s Progressive Party (PPP) officials to have pronounced on this issue.
Manickchand, who received an honorary doctorate for her work in gender-based equality, was the first Government official to comment on the immorality of the utterances made by Nandlall in the recorded conversation. She said, “What Nandlall said was crude and disrespectful and flies in the face of the environment that we (the government) are trying to establish and foster in Guyana.”
Manickchand noted that the environment is one in which women should be treated as equals and celebrated for their worth in the development of Guyana and “not seen as chattel for men to use.”
Dr. Persaud, who always has a voice on moral issues told Kaieteur News that she found Nandlall’s remarks to be extremely uncouth.
“We as women have been fighting for some time to ensure that we are not seen as objects and I think that his (Nandlall’s)
comments in that regard were just absolutely obnoxious.”
Persaud said too, that she would let him know that she found his remarks to be very offensive to women.
Meanwhile, Chandarpal, after indicating that the Women and Gender Equality Commission is still to consider the issue and take a position, emphasised that she “does not want to be drawn into any controversy at this point and time”.
There has also been silence from the likes of Minister of Human Services, Jennifer Webster; Public Service Minister, Jennifer Westford; Minister of Foreign Affairs, Carolyn Rodrigues; Minister of Amerindian Affairs, Pauline Sukhai, and Parliamentarian, Gail Teixeira.
December 7, 2014
Gender Equality Commission endorses call for Nandlall’s removal
The Women and Gender Equality Commission (WGEC) has finally commented on the disrespectful utterances
made by Attorney General, Anil Nandlall, about a female Kaieteur News reporter.
On Friday, the Commission released a statement to the effect that it is “shocked and dismayed by the utterances made recently by the person who currently holds the position of Attorney General of Guyana. His utterances clearly demonstrated a marked lack of respect for women.”
This statement came hours after Head of the Gender Equality Commission, Indra Chandarpal, had said that her Commission had taken no position on the issue.
The Attorney General, in a recorded conversation with a senior Kaieteur News reporter, was heard saying all manner of inappropriate things.
Kaieteur News made the recording public and the nation heard all that the Attorney General had to say.
Nandlall was heard saying that “innocent people” working at Kaieteur News would be killed in retaliation for some of the stories the paper has been carrying. He was also heard admitting that he used taxpayers’ money for personal reasons.
Further, the government official referred to a female Kaieteur News reporter as a “lil thing” and advocated that his uncle, Kamal Mangal, get an opportunity to “f**k de girl.”
The general content of the recording sparked widespread displeasure and many bodies have since called for him to resign or otherwise be removed from his post. His own legal colleagues who are part of the Guyana Bar Association called for him to resign and so did the two main opposition parties. But these calls have fallen on deaf ears.
The Gender Equality Commission, however, in a belated pronouncement on the issue, identified that the recording brought two issues to the fore, one being the conduct of public officials and the other being the culture of men as it relates to women in Guyana.
The Commission which is headed by Indra Chandarpal said that, in this case, the conduct of public officials
is particularly worrisome. This, the commission said, is mainly because he has particular responsibility for upholding the Constitution of Guyana.
The Commission pointed out that the constitution protects the rights of women and stipulates obligations under the United Nations Convention for the Elimination of all forms of Discrimination Against Women (CEDAW) as well as the mandates of this Commission under which falls under Article 86.
“We therefore endorse the call for all necessary sanctions to be taken,” said the Commission.
Two of his female colleagues in government and the National Assembly have condemned Nandlall’s actions.
Those are Minister of Education, Priya Manickchand, and Member of Parliament Dr. Vindhya Persaud.
Manickchand, who received an honorary doctorate for her work in gender-based equality, was the first Government official to comment on the immorality of the utterances made by Nandlall in the recorded conversation.
She said, “What Nandlall said was crude and disrespectful and flies in the face of the environment that we (the government) are trying to establish and foster in Guyana.”
Manickchand noted that the environment is one in which women should be treated as equals and celebrated for their worth in the development of Guyana and “not seen as chattel for men to use.”
Dr. Persaud, who always has a voice on moral issues, told Kaieteur News that she found Nandlall’s remarks to be extremely uncouth.
“We as women have been fighting for some time to ensure that we are not seen as objects and I think that his (Nandlall’s) comments in that regard were just absolutely obnoxious.”
Persaud said, too, that she would let him know that she found his remarks to be very offensive to women.
There has however been silence from the likes of Minister of Human Services, Jennifer Webster; Public Service Minister, Jennifer Westford; Minister of Foreign Affairs, Carolyn Rodrigues; Minister of Amerindian Affairs, Pauline Sukhai, and Parliamentarian, Gail Teixeira.
December 11, 2014
Nandlall’s financial impropriety… Investigation should be launched – Chris Ram, APNU
Chartered Accountant Chris Ram and Opposition Member of Parliament Carl Greenidge, are jointly calling on the
country’s Auditor General, Deodat Sharma, to launch an investigation into the alleged misappropriation of funds by Attorney General, Anil Nandlall.
Nandlall in a profanity-laced recorded conversation with a Kaieteur News reporter, admitted that he “used money from the government… and pay back long before” Publisher, Glenn Lall “made an issue of it.”
However, after the conversation went public, in a statement released to the press, the Minister said, “I wish to set the record straight …the reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement was approved by Cabinet in a written Cabinet decision dated 20 June, 2013. This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.”
Ram said that in light of there being a prorogued Parliament, he believes that even greater diligence should be exercised and as such, the financial irregularity should be properly investigated.
In an interview with this publication, the chartered accountant said that this course of action is without prejudice to the criminal investigation which the police and the Director of Public Prosecutions (DPP), should be carrying out on what amounts to a clear admission of theft of public funds.
Ram said that there must be concern not only about Nandlall receiving the money but also, who authorized and paid it to him. He said the investigation to be undertaken by the Auditor General needs to reveal the dates for each transaction.
The accountant asserted that Sharma should exercise his powers in this regard, since he might have to ensure the recovery of the public funds as well as cooperate with the police and the DPP in their investigation of this grave impropriety. The Attorney-at-Law said that this should be done forthwith.
A Partnership for National Unity (APNU)’s Shadow Finance Minister also agreed with calling on Sharma to investigate
the matter.
Greenidge added that the Auditor General has been called upon on several occasions to investigate complaints or activities that are questionable, and actually should not need to be told that this matter needs to be investigated.
As a matter of fact, the former Finance Minister said that the Public Accounts Committee asked Sharma to keep a file on current events, newspaper complaints and public reports that would allow him to expeditiously investigate matters without being asked to, as well as take action whenever the need arises.
“I don’t know whether he has done so but of course as Chairman of the Committee, I am not in a position to say anything to him because the Committee, like the House, is not convened, but as a Member of Parliament one could of course write him and I will do so,” Greenidge concluded.
In response to the alleged misappropriation, which Nandlall had described as an entitlement, Prime Minister Samuel Hinds in an interview with Kaieteur News, had said that he would not call the monies approved for certain emergencies as an entitlement. Hinds disclosed that such discretion by Cabinet “is not something that is automatic. It is something that would require much review.”
At the time of his interview, Hinds was out of the country and had declined to answer whether
the “entitlement” for Nandlall was indeed approved by Cabinet, as he claimed, and if the circumstances surrounding medical treatment amounted to an emergency.
He said that he was not apprised of all the facts and preferred to have all the “statements and or facts” before him before making any comment in that regard.
He was also asked if there is any entitlement for Cabinet members for monies for medical expenses or emergencies and the criteria governing this privilege. To this he had responded, “I would not call it an entitlement. It is not something that is automatic. It really is a hard question to respond to, but what I would say, is that one would have to review the long series of circumstances surrounding the need for money in that kind of situation. It would depend on the nature of the emergency for money to be granted. It’s not like a minister could come and say he has a broken foot or something and just ask for money and it would be approved. The circumstances would have to be examined. It would definitely depend on that.”
Cabinet Secretary Dr. Roger Luncheon was also questioned on the issue at one of his weekly press conferences. He had articulated that there may be a provision that would permit the lending of monies for Cabinet members during a time of emergency.
Meanwhile, President Donald Ramotar continues to brush aside questions regarding the conditions for which the monies were given to Nandlall. He told media operatives at one of his press conferences to forget about the matter. But it still remains a pressing issue for citizens, the Diaspora and even international organizations who continue to call for the requisite sanctions to be leveled against the Minister.
December 11, 2014
Government responds to Int’l Human Rights body on protection of KNews staff – Silent on details
Government’s Chief Whip, Gail Teixeira, has responded to the Inter-American Commission on Human Rights,
(IACHR) which had ordered the current administration to provide within 15 days, measures it will take to provide protection to Kaieteur News publisher Glenn Lall and staff.
Guyana is a member of the IACHR. The order stemmed from a report to the commission by Attorney-at-Law, Christopher Ram, following the release of a telephone recording between Attorney General Anil Nandlall and Kaieteur News senior reporter, Leonard Gildarie.
It had said, “After analyzing the factual and legal arguments put forth by (Christopher Ram) the commission considers that the information presented demonstrates prima facie that the members of Kaieteur News journal are in a serious and urgent situation since their lives and personal integrity face an imminent risk of irreparable harm.”
Dr. Luncheon was asked yesterday whether Government responded to the Commission. He said that the Presidential Advisor did indeed advise Cabinet that the required submission had been provided to the Commission.
The Cabinet Secretary did admit that the content of that submission was not a matter that was deliberated on at the level of Cabinet. Notwithstanding, he said that it is reasonable to assume that in the case of such governance matters, the Presidential Advisor on her actions generally, is fully supported by Cabinet.
Dr. Luncheon said that there is no doubt that the submission of the Guyana’s response to the IACHR which took place under Teixeira’s watch is likely to be posted on the Commission’s website, if not then it will be posted on the website of the Office of the President.
The Head of the Presidential Secretariat was asked if on any level he was apprised of the nature of Teixeira’s response, to which he said, “People don’t ask Gail too many questions comrade. I didn’t want to say it that way but indeed …nobody questions Gail with regard to her contributions on these matters so she just announced that Guyana has through the Ministry of Foreign affairs, submitted the response.”
The Commission had said that, given that the present precautionary measures have been granted without having
previously requested information from the State, it will review this decision once it receives reports from both parties.
The Commission informed Guyana that it must adopt the necessary measures to protect the lives and personal integrity of (Glenn Lall, Adam Harris and Leonard Gildarie); agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure in order to prevent their repetition.
The IACHR had also stated that the requirement of seriousness is met, in light of the alleged threat expressed against the lives and personal integrity of the Kaieteur News personnel, within the framework of their right to freedom of expression.
The commission noted, “In particular, the information presented suggests that the purported threat was oriented toward preventing the members of Kaieteur News from freely exercising their role as journalists, related to a series of reports on corruption cases, among other issues, which allegedly affected high ranking officials within the Government.
“In addition to the purported threats, it is worth mentioning that the IACHR Special Rapporteur for Freedom of Expression closely followed up the situation of freedom of expression and of reporters in Guyana, and condemned the reported murder of workers from Kaieteur News in 2006.
“Moreover, concerning the purported context of violence against reporters in Guyana, the allegations presented appear to be consistent with recent information received by the IACHR in that regard.”
The Commission had noted that it considers prima facie that the rights to life and personal integrity of the three identified members of the Kaieteur News journal face a situation of risk.
December 14, 2014
Nandlall’s threats against K/News…File stuck in DPP Chambers
Almost one month after the police completed the file on allegations made by the Publisher of the Kaieteur News,
Glenn Lall, against Attorney General Anil Nandlall, the matter remains stalled in the Chambers of the Director of Public Prosecutions, Shalimar Ali-Hack.
It’s been more than six weeks since the Kaieteur News Publisher filed a complaint with the police alleging that the Attorney General had knowledge of a plan to attack the newspaper offices on Saffon Street.
After taking statements from several persons, the police forwarded the file to the DPP for her to advise on whether or not to institute charges against the Attorney General.
And while it took the DPP a mere two days to advise on a threatening language complaint made by Commissioner General of the Guyana Revenue Authority Khurshid Sattaur against Lall, the Nandlall file has been engaging her chambers’ attention for close to a month.
A source who has links to the DPP’s office told this newspaper that it is unusual for the DDP to take so long with matters of this nature.
“She will look at it and if she needs further information from the police, she will send back the file to them. But I do not think that this is the case with this matter,” the source told this newspaper.
Attorney General Nandlall, in a recorded conversation with Senior Reporter, Leonard Gildarie had hinted at a plot to attack the Kaieteur News in retaliation to the newspaper’s exposure of corrupt activities by persons close to the ruling administration.
In the conversation with the Kaieteur News’ senior reporter, Nandlall told Gildarie that Kaieteur News had become a very dangerous place and that he should leave to avoid being at the wrong place at the wrong time.
Initially the police appeared to have been stalling the investigations into the matter and this approach was criticized by
certain sections of society, which accused them of abandoning all pretence of impartiality and neutrality.
A few weeks ago, the Inter American Commission on Human Rights (IACHR) ordered the Guyana government to provide within 15 days, information on the steps the government intends to take to protect Kaieteur News and its staff.
“After analyzing the factual and legal arguments put forth by (Christopher Ram) the commission considers that the information presented demonstrates prima facie that the members of Kaieteur News journal are in a serious and urgent situation since their lives and personal integrity faced an imminent risk of irreparable harm.”
It ordered that the government provide updated information periodically.
“Given that the present precautionary measures have been granted without having previously requested information from the State, the Commission will review this decision once it receives reports from both parties.”
The Commission informed Guyana that it must adopt the necessary measures to protect the lives and personal integrity of (Glenn Lall, Adam Harris and Leonard Gildarie); agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure in order to prevent their repetition.
A few days prior, the Association of Caribbean Media Workers (ACM) had condemned the Government and called for the state to pull out all stops to ensure the safety of media workers.
According to the ACM, the Government of Guyana must do all in its power to protect media workers from violent attacks and acts of intimidation. The government must also ensure that it does not send mixed signals about its stated commitment to a safe environment for all journalists and media practitioners in the country.
December 17, 2014
Nandlall’s threat to K/News…Civil society joins call for AG’s dismissal
After weeks of demonstrations, several members of the public joined the once lone protestor Courtney Crum-Ewing in solidarity, calling for the dismissal of Attorney General (AG), Anil Nandlall, alluding to distasteful remarks he made during a profanity-laced recorded telephone conversation with a Kaieteur News senior reporter.
More than a month ago, the AG was recorded issuing threats to the Kaieteur News Publisher Glenn Lall and his staff. During the recording, Nandlall was also heard attempting to solicit sexual favours on behalf of a relative and hinting that there was a forthcoming, disturbing plot against Kaieteur News.
In light of the recording, Crum- Ewing, a former Officer of the Guyana Defence Force (GDF), has been carrying out a demonstration for weeks, in front of Nandlall’s Carmichael Street, Georgetown office, calling for his dismissal.
Yesterday, Crum-Ewing once again resumed his demonstration, but was this time joined by two dozen members of civil society, among them, Chartered Accountant and Attorney-at-Law Christopher Ram, prominent political activist Dr. David Hinds and Kaieteur News’ publisher Glenn Lall.
Ram commented that the government’s position in allowing the AG to remain in office reflects “poorly” on the administration, saying that even the Bar Association of Guyana has called for Nandlall’s resignation.
He further commented that it is an embarrassment to the country that the government would continue to support a public official, who was “in breach of his civic duty to the citizens of Guyana”. This was said in reference to the AG’s withholding of knowledge that threatened the lives of citizens.
Dr. Hinds, who has over 35 years of political activism under his belt, stressed that the AG’s remarks to a Kaieteur News senior reporter were “undignified and should not be tolerated coming from a public official”.
“I am of the view that your private political views should be in consort with your public views as someone who is in public office,” said Dr. Hinds.
He stated that he was disturbed by Nandlall’s proclamation of his racial superiority and that the AG spoke as if the country is owned by the Government rather than the people. He explained that the two views are dangerous for any government to support, as they can lead to an authoritative state.
“Picketing doesn’t remove a government, but it calls attention to the significance of the preserving of every citizen’s constitutional right to speak out against authoritative governments,” said Hind.
On Monday, Crum-Ewing took his demonstration to the Office of the Director of Public Prosecutions (DPP). He cited the fact that it has been more than six weeks since the file on allegations made by the Publisher of the Kaieteur News, was forwarded by the police to the DPP for advice. The matter remains stalled at the Chambers.
Hinds opined that the stall was due to collusion between the AG’s Office and the Office of the DPP. He is of the belief that the offices of many public services have become politicized causing a further breach in the duties of many of Guyana’s public offices.
“The fact that the DPP has not pronounced on the matter should alert the country,” said the political activist “We have been through this before! We have to keep this thing in the limelight.”
In speaking to the media, Kaieteur News’ publisher Glenn Lall, stated that he was part of the protest because he is “still looking for justice.” Lall emphasised that he wants to see the same justice served to him by the DPP and police, served to the AG.
“There wasn’t even a recording against me, just allegations,” said Lall, “and this speaks volumes of where our country is heading.”
Supporting protestors voiced their support of Crum-Ewing’s demonstrations, with one mother of four stating that the way the country is heading “is not right”.
Others said that they felt it was necessary to come out and join their fellow citizen, Crum-Ewing, in exercising their constitutional right “when things are going wrong in our country.”
Crum-Ewing, related to the media that he was overwhelmed by the support he received by citizens and shows that people no longer want to see the hijacking of their public offices. He intends on continuing his demonstrations in front of the AG’s office and is calling on continued support from other citizens.
“This struggle will continue,” Crum-Ewing stated.
December 18, 2014
Two months after AG threatens K/News… DPP’s still pussyfooting on decision to prosecute
– “her inaction reflects her political preference” – Dr. David Hinds
Given the inaction by the Director of Public Prosecution (DPP), Shalimar Ali-Hack, in the matter involving Kaieteur
News and Attorney General (AG) Anil Nandlall, a group of concerned citizens staged another demonstration outside the DPP’s office yesterday.
They were continuing to voice their disapproval at her handling of the issue.
More than a month ago, the AG was recorded issuing threats to the Kaieteur News Publisher Glenn Lall and his staff. The issue has since been filed and is awaiting recommendation from the DPP on whether the charges will be pressed against the AG.
Among the protestors were Kaieteur News Publisher Glenn Lall, Chartered Accountant and Attorney-at-Law Christopher Ram, political activist Dr. David Hinds and columnist Frederick Kissoon.
While at the demonstrations, Dr. David Hinds, recommended that the best course of action for the country is to have Ali-Hack removed from the offices of the DPP and conduct a commission of inquiry on the matter.
Hinds stressed the need for an audit of all the public offices in the country, stating that it will take a long time to “clean up the mess in the country.”
According to Hinds, this mess has compromised constitutional offices, like the DPP. They have been politicized by the government thus resulting in their ineffective dispensation of their duties.
“Governments come and go, but institutions of the state, like the DPP office should not be interfered with,” explained Hinds. “Politicians will always try to influence these offices but they are supposed to be independent and serve the people.”
He added that the DPP’s inaction “is a reflection to the extent to which her political preferences and ideologies are influencing the dispensation of justice in the country.”
This follows previous demonstrations by a former Officer of the Guyana Defence Force (GDF), Courtney Crum-Ewing, who has been calling for immediate action from the DPP to press charges against Nandlall for his disturbing threats.
During the protest, Publisher of Kaieteur News, Glenn Lall, voiced his concern for the example that the DPP inaction is setting for the country’s future law enforcers.
“What kind of example are they (the DPP chambers) setting for up and coming lawyers and police officers?” asked Lall, saying that Ali-Hack is causing a loss of confidence in Office of the DPP.
“Her inaction towards this matter has demoralized Guyana,” said the Kaieteur News publisher, “all her actions will be viewed with a sense of dishonesty with whatever she does. I don’t think the nation can have any trust in her dispensation of justice.”
Frederick Kissoon said, “The DPP has virtually and literally damaged the image and credibility of the rule of law in the country.” He cited a number of controversial decisions Ali-Hack has made while in office.
Attorney-at-Law, Christopher Ram, stated that the inaction from the public official has demonstrated a lack of independence, integrity and competence in the investigations of the Attorney-General.
He described her approach to the case as being “totally unprofessional”, since she has not responded to many of his attempts of correspondence.
As a legal attorney to Kaieteur News, Ram said that he has been following up on the Nandlall file at the DPP office, but has not received any official word on the matter from Ali-Hack.
“She acted like a hare when she was dealing with (allegations against) Glenn Lall,” said Ram, “now she acting like a tortoise when dealing with (allegations against) Nandlall.”
December 19, 2014
Kaieteur News is a victim of state terrorism – Dr. Thomas
At a Working People’s Alliance (WPA) symposium held yesterday, Professor Emeritus Clive Thomas spoke
profoundly about what it means for Guyana to have a sitting Attorney General who vehemently threatened an institution. In Dr. Thomas’ eyes, Attorney General Anil Nandlall’s actions have further descended the country into a criminalized state. Upon such basis, Dr. Thomas said that Kaieteur News (KN) is a victim of state terrorism.
The recently retired professor told this to approximately 150 persons who gathered at the National Library’s conference room. The event was a symposium that focused on “prorogation and its aftermath.”
Former Minister of Finance, Carl Greenidge and Attorney-at-law Christopher Ram also spoke at that event. But those two gentlemen centered their entire presentations on the effects and legality of prorogation and it being used as a political weapon.
Dr. Thomas, however, spoke on the promotion and degeneration of the criminal state, Guyana, which included points about the now infamous prorogation of Guyana’s Parliament.
But in speaking about the “criminal state,” Dr. Thomas indentified a lot with the “Nandlall recording.”
In his preamble, Dr. Thomas told the audience that there is a connecting thread to the ongoing narrative of multiple crises, economic contradictions, and threats of violence against government critics that Guyana faces in this era. He said that the many crises certainly include prorogation and its aftermath, as well as constitutional, political, legal, governance (ranging through ideology- actors –agency and ethics) and even socio-cultural ones.
Thomas said that the publication of the AG’s taped conversation with a KN reporter announces two gross deformations of the Guyana state which he said has never been so nakedly revealed to the Guyanese public through utterances from one of the State’s most senior political officials.
One of the two deformations is the AG’s invocation of threats of extra-judicial sanction against a newspaper “basically because it has been critical of the ruling PPP/C administration.” Thomas said that in this regard, “two particularly invidious features of this behaviour should be highlighted; namely, the exalted position the AG occupies in the legal profession, and the fact that there was a previous terroristic assault on KN and its staff in 2006.”
The second deformation pointed out by Thomas is the fact that “statements by the AG implicating the Presidency in the use of a state agency, GRA, in an intimidating and punitive way against persons and private businesses.”
In this regard, Dr. Thomas said that there is a “Nandlall-type version of the hubris-syndrome.”
The hubris-syndrome is a well acknowledged deviant political behaviour recognized in political science. It is said that Power causes the hubris syndrome. It speaks to a disorder of power and high office, particularly when power is associated with success and when minimal restraints are placed on the leader.
Thomas said that the ruling cabal, Peoples Progressive Party, has resorted to the use and threat of use of state terror as part of its political armory.
Dr. Thomas told the gathering that “Beyond its self-focused vanity, crassness, immorality, indecency, and vulgarity, the taped conversation reveals the AG (of all the political state officials and members of the PPP/C Executive) embracing language, which unmistakably indicates the likelihood of terroristic acts against persons and private businesses with the political objective of curtailing criticisms of the ruling PPP Administration.”
Thomas pointed out that the notion of state terrorism remains a hotly disputed one in the legal and political literature, but said that it is his considered belief that Nandlall’s invocation of extra-judicial sanction and violence added to threats and intimidation through the Guyana Revenue Authority against political critics. This, according to him, constitutes deliberate acts of state terror.
He said that this is so for four reasons, “If private individuals and or non-state organizations were to do the same, there would be little or no police hesitation anywhere in the world in investigating/apprehending those involved for terroristic activities.”
Further, Dr. Thomas posited that the legal office Nandlall holds must definitely be considered in evaluating his threat of violence and generation of fear he invoked for a political outcome.
KN, he pointed out, was the victim of a widely known terroristic attack in 2006, so that threats against it cannot be taken lightly.
Taken together, these items fulfill the essence of contemporary dictionary definitions of terrorism.
Nandlall on a profanity-laced recording was heard saying that there are plans afoot to kill “innocent people” working at Kaieteur News in reaction to the many exposing stories the paper has been carrying.
He was also heard admitting that he used taxpayers’ money for personal reasons. The Attorney General, in the recording referred to a female Kaieteur News reporter as a “lil thing” and
advocated for a relative of his to have an opportunity to have sex with her.
December 23, 2014
AG threat against K/News…No evidence to charge Attorney General – DPP
After a delay of more than a month, Director of Public Prosecutions, Shalimar Ali-Hack, has finally advised
that there is no evidence to charge Attorney General Anil Nandlall over threats he allegedly made during a telephone conversation with Kaieteur News Senior Reporter, Leonard Gildarie.
The DPP said in a statement, yesterday, that the file on the matter has been returned to the police, advising that no charges be laid against Nandlall.
The advice comes a few days after several persons protested outside her office accusing her of compromising the integrity of her office.
Kaieteur News Publisher, Glenn Lall, had filed a complaint with the police, alleging that the Attorney General threatened the safety of his employees when during the conversation, he spoke of an imminent attack on the newspaper’s main office on Saffon Street, if the entity continued with its exposure of government corruption.
The DPP in her statement referred to the recorded conversation between “personal friends” Gildarie and Nandlall as private. Based on the evidence contained in the police file, the conversation was “not between the Attorney General…and Mr. Glenn Lall.”
She explained that the offence created in Section 141(a) Chapter 8:02 is in relation to the speaker using threatening language with intent to provoke anyone else to commit a breach of the peace, that is, provoking another person to do so.
According to the DPP, the threatening language must be such as is likely to provoke a breach of the peace by anyone else that is the person to whom the threat is directed.
She said that for the threatening language to result in provocation, the threat must be directly communicated to the person to whom it concerns, that is, in his presence and hearing.
“There is no evidence of this contained in the police file,” the DPP stated.
She further stated that the offence created in Section 141 (b) Chapter 8:02 is in relation to the person using abusive, insulting, obscene or profane language to the annoyance of another, that is, such language is used directly to the other person in his presence and annoys him.
“There is no evidence of this (also),” she pointed out.
“The alleged recording of a telephone conversation between the Attorney-General and the Minister of
Legal Affairs and Mr. Gildarie, does not fall under Section 1a1 (a) or (b) Chapter 8:02,” Ali-Hack stated.
“In these circumstances the communication to Mr. Gildarie does not provide an evidential basis which
can support the institution of criminal proceedings,” she added.
The DPP was criticized for “pussyfooting” on the matter, which was described by many legal minds as a straightforward case.
Reference was made to the advice she gave in the matter involving alleged threats made to Commissioner General Khurshid Sattaur by Glen Lall.
Sattaur had also expressed concern over the length of time the DPP was taking to advice on that matter.
But Ali-Hack explained that the police file in the matter was received at her Chambers on November 18, last, and was returned to the Guyana Police Force yesterday.
She said that, similarly, the police file in the matter of Khurshid Sattaur vs. Glenn Lall for the offence of alleged abusive language and threat was received by her Chambers on October 14, 2014 and was dispatched to the GPF on November 11.
“The DPP takes this opportunity to reiterate that she continues to maintain the integrity of the DPP Chambers by giving legal advice according to the statements in the police files and the Laws of Guyana and this is done free of race, religion and political affiliation,” the statement said.
December 25. 2014
The Nandlall threat against KN…DPP action demoralizes staff – lawyer says
Days after a controversial decision that she could find no grounds to charge Attorney General, Anil Nandlall,
for a shocking phone-call with a senior reporter of Kaieteur News, the Director of Public Prosecution (DPP), Shalimar Ali-Hack, is coming under more fire.
According to Attorney-at-Law, Christopher Ram, the DPP, despite evidence of “illegalities” carried out by senior public functionaries, has established a pattern of behavior which saw none being charged.
“It is appalling that any professional would be so reckless about their reputation. Her appointment owes as much to that other violator, (President) Bharrat Jagdeo, as to the manner in which it was carried out.”
Ram is the lawyer for Kaieteur News. He said the matter will continue to be pursued at another level.
“My clients Glenn Lall, Adam Harris and Leonard Gildarie are naturally dismayed at the decision but will not let this matter rest. They are considering their options in the face of this barely disguised political block placed by Ms. Hack.”
He said that the police should not accept the decision by the DPP but rather should consult with its Legal Adviser, Justice Claudette Singh.
“The police have an experienced former judge as its Legal Advisor who the Commissioner of Police should now consult. The public will be looking to see if she would accept this irrational and baseless decision by Ms. Hack.”
The phone call had shocked Guyana after Nandlall, who admitted to the tape, insisted that he was a “Chatree”- a high class Indian.
According to Ram, the AG also admitted “to raiding the public purse, pimping on behalf of a male law-breaking relative, claimed knowledge of a plot to cause harm, and disclosed knowledge of governmental interference into a criminal tax case.
“Yet the DPP, Ms. Shalimar Ali-Hack could find nothing wrong.”
Lall had filed a complaint with police two days after that call, but there was a perception that the matter was being deliberately delayed, first at the level of the police and then at the DPP Chambers.
The lawyer said that by her “abominable” decision, the DPP has shown herself to be “no better than Nandlall”.
“She is known to have allowed religion to affect her work, dragging the CIOG (Central Islamic Organisation of Guyana) into the scandalous, trumped up charges against the NBS (New Building Society) three and interfering in the police investigation into serial sexual offences committed by a Muslim cleric.”
He said that with Ali-Hack at the helm of the Office of the DPP, it is no surprise that crime is spiraling out of control.
“For all the illegalities carried out by members of the PPP, Ms. Hack has never once recommended bringing any charge.
“Her irrational discharge of her functions brings her office into disrepute and demoralizes her subordinates, something she seems unwilling to appreciate or unable to recognize.”
The DPP said in a statement earlier this week that the file on the matter has been returned to the police, advising that no charges be laid against Nandlall.
The advice came a few days after several persons protested outside her office accusing her of compromising the integrity of her office.
The DPP in her statement, described the recorded conversation between “personal friends” Gildarie and Nandlall as private. Based on the evidence contained in the police file, the conversation was “not between the Attorney General…and Mr. Glenn Lall.”
She explained that the offence created in Section 141(a) Chapter 8:02 is in relation to the speaker using threatening language with intent to provoke anyone else to commit a breach of the peace, that is, provoking another person to do so.
According to the DPP, the threatening language must be such as is likely to provoke a breach of the peace by anyone else that is the person to whom the threat is directed.
She said that for the threatening language to result in provocation, the threat must be directly communicated to the person to whom it concerns, that is, in his presence and hearing.
“There is no evidence of this contained in the police file,” the DPP stated.
She further stated that the offence created in Section 141 (b) Chapter 8:02 is in relation to the person using abusive, insulting, obscene or profane language to the annoyance of another, that is, such language is used directly to the other person in his presence and annoys him.
“There is no evidence of this (also),” she pointed out.
“The alleged recording of a telephone conversation between the Attorney-General and the Minister of Legal Affairs and Mr. Gildarie, does not fall under Section 1a1 (a) or (b) Chapter 8:02,” Ali-Hack stated.
“In these circumstances the communication to Mr. Gildarie does not provide an evidential basis which can support the institution of criminal proceedings,” she added.
Kaieteur News Publisher, Glenn Lall, had filed a complaint with the police, alleging that the Attorney General threatened the safety of his employees when during the conversation, he spoke of an imminent attack on the newspaper’s main office on Saffon Street, if the entity continued with its exposure of government corruption.
The recording had been the most downloadable piece of news in Guyana with the AG coming under heavy pressure to resign.
Several local and international organizations, including human rights bodies, have called for his resignation. But Government has stood by the embattled minister.
The phone call followed investigations by this newspaper into the importation of Mercedes Benz SUV by an uncle of Nandlall under the remigrant duty free concession scheme.
The local bar association and the Opposition have also called for Nandlall’s sacking.
The social media websites, like FaceBook, and the comments section of the newspapers, have been inundated with comments condemning the Government over its stance to protect Nandlall from the backlash of that conversation.
December 28, 2014
Law provides for Nandlall to be charged under Terrorist Act – Ramjattan
– urges DPP to review evidence and decision
Though Director Public Prosecutions (DPP), Shalimar Ali-Hack, advised that based on the recorded conversation between Attorney General (AG), Anil Nandlall and Kaieteur News reporter, Leonard Gildarie, there is no evidence to charge Nandlall, Alliance For Change (AFC) Leader, Khemraj Ramjattan posits otherwise.
Ramjattan believes that there is enough incriminating evidence to charge Nandlall under the Terrorist Act.
Ramjattan noted that his party observed in the daily newspapers, the guidance rendered by the DPP on the Nandlall case to the Guyana Police Force.
He then reminded that the AFC is aware that in 2002 the PPP Government, who then enjoyed a majority in Parliament, passed an amendment to the Criminal Law Offences Act to create a new offence of terrorism.
The lawyer said that the new offence, Section 309 A (a), says that, “Whoever with intent to strike terror in any section of the people does any act or thing by using firearms or lethal weapons in such a manner as to cause or likely to cause death or injuries to any person or persons …commits a terrorist act.”
Section 309 A(s) then goes on to state, “Whoever advocates, aids and abets, advises or incites or knowingly facilitates the commission or, a terrorist act or any act preparatory to a terrorist act commits an offence.”
On this premise, Ramjattan reminded that the Attorney General has confirmed that he did utter the statements in his conversation with the said journalist.
He then recalled some of Nandlall’s damning statements which he believed served as a substantial basis for the Minister of Legal Affairs to be charged under the said Act.
Nandlall had said in the recorded conversation, “There is a simpler way of dealing with this situation you know. I tell Glenn already. He knows I have capacity and I know his. I don’t have to go Court every day and issue press statements, I don’t have to resort to those methods…there are far more effective measures to which I can resort.”
He had also stated, “My first advice to you is that you should move out of there… it is a dangerous f**king place to work, is a dangerous place…I am telling you, read between the lines this thing not going to go on for long, people not going to tek this thing just so. Is a lot of powerful people that this man.”
“Somebody gun go into Kaieteur, you see everybody nah gat as I told Adam today I said Adam, everybody doesn’t have a newspaper to use as a weapon. I told Adam, I said Adam people got weapons right, is not newspaper they gonna use as a weapon, they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f**ing Saffon street office and wha come suh do and innocent, Peter gun gah pay fuh f**king Paul in deh one day. Me a tell you honestly, man to man, that will happen soon.”
Ramjattan then said that in the light of the clear unambiguous statements of the Attorney General about the existence of intended acts of terror against a national newspaper and its owner, such intention all the more corroborated when he is giving a warning to Gildharie to remove from there, and his clear advocacy and incitement of the specific terrorist activity, it is difficult to appreciate the context in which the Director of Public Prosecutions offered the advice to the Commissioner of Police as she did.
“Especially in the context of a history where this newspaper had five of its staff members brutally killed some time before,” he added.
The AFC Leader urged that the Director of Public Prosecutions revisit the examination of the evidence in light of the provisions of Section 309 A of the Criminal Law Offences Act.
December 29, 2014
DPP’s advice borders on hypocrisy – Greenidge
A Partnership for National Unity’s (APNU) Shadow Minister of Finance, Carl Greenidge believes that Director of Public Prosecutions (DPP) Shalimar Ali-Hack ruling on the Attorney General Anil Nandlall phone threats issue borders on hypocrisy.
Greenidge reminded that the Government passed legislation which allows people to be prosecuted on the basis of taped
conversations. He noted that none of the points offered by the DPP for her ruling on Nandlall had stopped her from advising on the case involving Major Bruce Monroe and his wife Carol Ann, who, along with GDF officer Wharton, were arrested on December 23, 2010 for allegedly conspiring with unknown parties to overthrow the Guyana Government.
They were charged with treason, a crime punishable by death. They were allegedly caught in a sting operation where an undercover civilian reportedly taped conversations of them plotting to wage war in Guyana.
The politician highlighted that Monroe and company were not accused of directly speaking to the Guyanese public or the PPP Government but rather the content of their conversation and what it meant for the lives of other citizens.
Similarly, Greenidge said that with the Nandlall case , the Minister of Legal Affairs was taped admitting to a variety of things, some of which were illegal and included having knowledge of a plot to violently attack the staff at Kaieteur News.
“He didn’t say it directly to Glenn Lall, but to a staff member who as far as I understand, also made a report to the police about the said statements. That very DPP advised the Police to charge others for similar matters and now she is saying that there is no evidence? I highly disagree with her,” the APNU Parliamentarian added.
Leader of the Alliance For Change (AFC), Khemraj Ramjattan had also said that there is enough incriminating evidence to charge Nandlall under the Terrorist Act and urged the DPP to review the evidence and her decision.
Greenidge agreed with Ramjattan’s stance on the matter and added that the legislation on terrorism allows the Government to use taped information to prosecute.
“It is ironic that under the Anti Money Laundering and Countering the Financing of Terrorism Bill, the AG should be named as the official who is charged with identifying the potential criminals on the basis of information and threats/actions which he himself has recently carried out,” the financial point man asserted.
He commented too that in relation to the tape itself, Nandlall has not denied that it is his voice but merely that is has been manipulated, “whatever that means.”
Greenidge then made reference to comments by a judge of the United Kingdom in response to concerns about the use of taped evidence.
“Lord Nolan, who, while delivering the judgment in the Sultan Khan case in 1996 said: “it would be a strange reflection on our law if a man who admitted his participation in the illegal importation of a large quantity of heroin should have his conviction set aside on the ground that his privacy had been invaded.” Greenidge commented that it is appalling, to say the least, that this is exactly what the PPP Government is claiming and the DPP by extension.
KN’s Publisher, Glenn Lall, had filed a complaint with the police, alleging that Nandlall threatened the safety of his employees during the conversation, as he had mentioned an imminent attack on the newspaper’s main office on Saffon Street, if the company continued with its exposure of government corruption.
But after over a month of delays, the DPP, in a statement, revealed that she advised that no charges be laid against Nandlall.
In her statement to the media, the DPP referred to the recorded conversation between “personal
friends” Gildarie and Nandlall as private. Ali-Hack said that based on the evidence contained in the police file, the conversation was “not between the Attorney General…and Mr. Glenn Lall.”
She explained that the offence created in Section 141(a) Chapter 8:02 is in relation to the speaker using threatening language with intent to provoke anyone else to commit a breach of the peace, that is, provoking another person to do so.
According to the DPP, the threatening language must be such as is likely to provoke a breach of the peace by anyone else that is the person to whom the threat is directed.
“In these circumstances, the communication to Mr. Gildarie does not provide an evidential basis which can support the institution of criminal proceedings,” she advised.
December 30. 2014
Nandlall’s threats to KNews …PPP defends DPP’s advice not to charge
The People’s Progressive Party (PPP) yesterday jumped to the defence of the Director of Public Prosecutions
(DPP) Shalimar Ali-Hack saying that she has every right to advise the Guyana Police Force in favour of Attorney General, Anil Nandlall.
Speaking at the PPP’s weekly press conference, the party’s General Secretary, Clement Rohee, said that it stands ready to defend “hardworking professionals and those who hold public offices in the discharge of their professional duties.” His reference was to the DPP.
Rohee told the media that his party is disappointed but not surprised by the position adopted by both the Alliance For Change and A Partnership for National Unity on the advice offered by the DPP “on the allegations made by the learned Attorney General Mr. Anil Nandlall against the publisher of Kaieteur News.”
This is with regard to the threats Nandlall made to the lives of Kaieteur News staff.
Rohee said that it seems that for the political opposition, the only correct and acceptable advice that could be offered by the DPP is one that puts Nandlall, and by extension the PPP/C administration in a bad light “even though the DPP took pains to clarify the reasons for arriving at her decision on the matter.”
Rohee said that the PPP fully supports the DPP on the advice she offered. He claimed that it is consistent with the views of a significant body of public opinion to the effect that the allegations against the AG were politically motivated
and designed to denigrate the AG and the office he holds.
Rohee said that the PPP condemns the “unwarranted and unsubstantiated attacks on the DPP’s Chambers and other Government officials whose only crime is to uphold the integrity of their offices and their professionalism.”
He called on the opposition parties and other to desist from making statements that are designed to attack the professionalism and integrity of public officers.
Rohee said that the attacks on the DPP’s Chambers, is yet another attempt to subvert the justice system.
January 01, 2015
DPP ignores other criminal aspects of Nandlall’s conduct
– Bar Association President
Though he expressed reservations about giving an opinion on the recent advice provided by the Director
of Public Prosecutions (DPP) Shalimar Ali-Hack on the alleged threats to Kaieteur News
(KN)’s publisher and staff by Attorney General (AG) Anil Nandlall, President of the Guyana Bar Association, Ronald Burch-Smith believes that there are other criminal aspects of the tape which are still to be addressed.
The lawyer told Kaieteur News, yesterday, that it would be difficult for him to express his views on Ali-Hack’s decision without seeing the statements the DPP’s office received in the first place. However, from the perspective of the Bar, Burch-Smith said that it is believed that Nandlall’s conduct has made his continuation in the position of AG impossible to defend.
He reiterated that there remain several aspects of the matter that have not been dealt with, such as Government’s policies on spending for personal matters which he deemed as being “arbitrary and hidden.”
Nandlall, in a profanity-laced recorded conversation with a Kaieteur News reporter, admitted that he “used money from the government… and pay back long before” Publisher, Glenn Lall “made an issue of it.”
However, after the conversation went public, in a statement released to the press, the Minister said, “I wish to set the record straight …the reference relates to the reimbursement I received for monies I expended on medical treatment. This reimbursement was approved by Cabinet in a written Cabinet decision dated 20 June, 2013. This is, and historically has been, an entitlement of every member of Cabinet long before my appointment.”
Since this statement, numerous questions were raised, particularly on the premise that if the money Nandlall
claimed he received was “an entitlement” why did he feel compelled to repay it. The contradictions arising from what was said in the tape and his later statement, moved several politicians and even accountants, to call on the country’s auditor general to run a full-scale investigation into the matter.
The Bar Association President said, too, that President Donald Ramotar’s reaction has been quite surprising. “How the President so comfortably brushes aside such immoral and unprofessional conduct is astonishing,” he said.
KN’s Publisher Glenn Lall had filed a complaint with the police, alleging that Nandlall threatened the safety of his employees during the conversation, as he had mentioned an imminent attack on the newspaper’s main office on Saffon Street, if the company continued with its exposure of government corruption.
But after over a month of delays, the DPP, in a statement, revealed that she advised that no charges be laid against Nandlall.
In her statement to the media, the DPP referred to the recorded conversation between “personal friends” Senior KN reporter, Leonard Gildarie, and Nandlall as private. Ali-Hack said that based on the evidence contained in the police file, the conversation was “not between the Attorney General…and Mr. Glenn Lall.”
She explained that the offence created in Section 141(a) Chapter 8:02 is in relation to the speaker using threatening language with intent to provoke anyone else to commit a breach of the peace, that is, provoking another person to do so.
According to the DPP, the threatening language must be such as is likely to provoke a breach of the peace by anyone else, that is, the person to whom the threat is directed.
“In these circumstances, the communication to Mr. Gildarie does not provide an evidential basis which can support the institution of criminal proceedings,” she advised.
With regard to the DPP’s decision, Burch-Smith said that Ali-Hack’s position would be consistent with advice she had given on other cases. He said, however, that it should not negate the fact that there are other offences which are evident in the recorded conversation.
Leader of the Alliance For Change (AFC), Khemraj Ramjattan, had also said that there is enough evidence to charge Nandlall under the Terrorist Act and urged the DPP to review the evidence and her decision. A Partnership for National Unity (APNU)’s Shadow Minister of Finance, Carl Greenidge had agreed with this position.
Asked if he would lend his support to this stance, Burch-Smith said it would be difficult to do so without knowing more.
“For instance, the DPP would have had the benefit of statements which are outside the conversation. A police officer would have interviewed the AG or attempted to do so. I haven’t seen anything published about that. Questioning by the police would have clarified a lot.
“Similarly, a refusal by the AG to answer questions would also have been instructive in her decision-making. If she felt there was inadequate information, she could have asked the police to conduct further investigations.”
With particular reference to what Ramjattan posited, the Bar Association President said, “People say stupid and careless things all the time in private – doing so is not necessarily a crime. The Terrorism offence is not intended to make stupid conversations the subject of criminal prosecution, otherwise we’d have to close all the country’s bars and rum shops.”
January 07, 2015
Rohee dodges questions on Govt’s disregard of calls for AG’s removal
General Secretary of the People’s Progressive Party (PPP) and Minister of Home Affairs, Clement Rohee yesterday dodged questions about government’s decision to ignore numerous calls to sanction Attorney General Anil Nandlall for threats made in relation to staffers of the Kaieteur News and the establishment itself.
Late last year, Kaieteur News made public a recording of a conversation Nandlall had with a Senior Kaieteur News reporter.
Nandlall was heard saying that there are plans afoot to harm “innocent people” working at Kaieteur News in reaction to many of the stories the paper had been publishing.
He was also heard admitting that he used taxpayers’ money for personal reasons. The Attorney General, in the recording referred to a female Kaieteur News reporter as a “li’l thing” and advocated for one of his relatives to have an opportunity to have sexual favours from the reporter.
The general content of the recording sparked widespread displeasure and many bodies have since called for Nandlall to resign or otherwise be removed from his post.
Many of his colleagues in the Guyana Bar Association called for him to resign and so did the two main opposition parties – A Partnership for National Unity and the Alliance for Change. Even the governmental Women and Gender Equality Commission (WGEC) endorsed such calls, but they all fell on deaf ears.
Yesterday, as he hosted the PPP’s weekly press conference where he lauded developments that came under the PPP/C administration, Rohee was asked to comment on government’s refusal to remove Nandlall.
The General Secretary was also asked how the PPP views the fact that the government, in an effort to protect Nandlall, even ignored the call of the WGEC, which is a governmental organization.
But Rohee refused to give a straight answer. He said that the PPP had already made known its position on the Nandlall recording. He added that questions on how the PPP views the government’s stance on the issue should be directed to Cabinet Secretary, Dr. Roger Luncheon, as “it is all really up to the government.”
The WGEC has publicly stated that it is “shocked and dismayed by the utterances made recently by the person who currently holds the position of Attorney General of Guyana. His utterances clearly demonstrated a marked lack of respect for women.”
The Commission said that the recording brought two issues to the fore, one being the conduct of public officials and the other being the culture of men as it relates to women in Guyana.
The Commission which is headed by Indra Chandarpal said that in this case, the conduct of the public official is particularly worrisome. This, the commission said, is mainly because he has particular responsibility for upholding the Constitution of Guyana.
The Commission pointed out that the constitution protects the rights of women and stipulates obligations under the United Nations Convention for the Elimination of all forms of Discrimination Against Women (CEDAW) as well as the mandates of this Commission which falls under Article 86.
“We therefore endorse the call for all necessary sanctions to be taken,” said the Commission.
Two of his female colleagues in government and the National Assembly have condemned Nandlall’s actions. They are Minister of Education Priya Manickchand, and Member of Parliament Dr. Vindhya Persaud.
January 09, 2015
Even with shocking Paris media house killings…Govt. ignores security for Kaieteur News
The violent attack carried out against the Paris office of French satirical magazine Charlie Hebdo on Wednesday, during which 12 persons were killed, mirrors a reality that Kaieteur News has been trying to avoid ever since the recognition that certain high-ranking officials and other “powerful” persons were out to destroy the newspaper at all cost.
The French media workers were murdered by gunmen who claimed to be Muslims, in retaliation for cartoons the magazine published that did not find favour with them. The publication had been warned that it was treading on dangerous grounds and was asked to retract its cartoon depictions.
As a result of the threat posed, the French government had provided police security for staffers of the magazine.
Similarly, Kaieteur News was warned last year that if it didn’t back off from doing certain investigative reporting it would suffer a similar fate – with gunmen storming the premises and shooting indiscriminately. As a matter of fact, a senior minister of the Guyana Government – who should be depended on for help – is the one who was heard during a taped conversation warning of an imminent attack on the newspaper for its content and manner of reporting.
Attorney General and Minister of Legal Affairs Anil Nandlall, in a profanity-laced recording, was heard telling a senior reporter that “innocent people” working at Kaieteur News would be in harm’s way as a result of the types of stories the newspaper has been carrying.
Government has refused so far to take any action against one of their own. Also, calls to provide protection for KN workers have been met with deaf ears, even callous dismissal.
Wednesday’s shocking attack on the journalists in Paris has made Nandlall’s threats take on even greater significance in terms of the manner in which the attack occurred, added to the fact that the Kaieteur News has experienced the cold-blooded murder of five of its employees to terrorist elements and, like Charlie Hebdo, had been firebombed.
When contacted by telephone yesterday, Home Affairs Minister Clement Rohee was less than sympathetic and showed total disregard for the lives of those working at Kaieteur News.
The Minister became upset after being told that he was contacted for a comment pertaining to the occurrences in Paris and the distinct possibility of something similar happening in Guyana, given Nandlall’s aggressive warnings.
Rohee tersely said: “Excuse me!” and his phone went dead.
The Inter-American Commission on Human Rights (IACHR) had in November last called on the Guyana Government to protect Kaieteur News staff and for an investigation to be carried out in relation to Nandlall’s utterances. The body had given the Government two weeks to tell them the measures that will be implemented.
But Government has refused to say what measures have been put in place, despite questions from this newspaper.
When asked about it yesterday in the wake of what happened in Paris, Presidential Advisor, Gail Teixeira, refrained from providing the details of Government’s response, but said that government is still communicating with the Commission on the matter.
She did not make mention of the five Kaieteur News pressmen who were executed by gunmen in an attack on the newspaper’s printery at Eccles in August 2006. That execution-style attack had stunned the nation and the media fraternity worldwide.
Asked if the government would now be keen to address the threats made against Kaieteur News seriously, Teixeira told the reporter: “I think that you are fishing for something, my darling…We believe that the security of all journalists who are doing their job is important.”
Asked if the government will therefore address the threats, Teixeira said: “What is it that you want? What you want? Are you suggesting that you want bodyguards? Is it bodyguards that you want, my darling?”
She was then told that the newspaper was not suggesting anything, but simply asking what Government plans to do; whether it will hasten steps to provide security for the newspaper in light of the Nandlall recording and also taking into account the tragedy in France.
“Name me one country in the world that provides personal security for journalists who are carrying out their jobs?”
She was then asked again to consider the two situations, to which she said, “The tragedy in Paris, France is a terrorist attack and the authorities there have access to intelligence among other things that Guyana cannot dream to have, and while government is concerned about the safety of all journalists, the two instances cannot be compared. That was a terrorist attack. But I don’t know what you want me to say, you are fishing, you are trying to lead me …”
Black-clad gunmen shouting “Allahu Akbar!” stormed the Paris offices of Charlie Hebdo, killing 12 persons, including its editor, three political cartoonists and a police officer, whose cold-blooded murder at close range was captured on a disturbing video.
The masked shooters moved with military precision, and then escaped following the mid-morning attack on the publication known for its provocative cartoons, lampooning politicians and religions alike.
Witnesses said the attack was carried out commando-style, with the gunmen demanding the names of those they encountered, indicating that they had specific targets in mind.
One of the dead in Wednesday’s attack was satirical cartoonist Stephane Charbonnier, the publication’s editorial director and the artist behind the caricatures that offended jihadists.
In a 2012 interview, Charbonnier famously shrugged off the threats on his life. “I would rather die standing than live on my knees,” he said.
The attacks have attracted widespread condemnation across the world and there was a day of mourning yesterday in France.
January 09, 2015
GRA, re-migrant couple to resolve matter amicably – court hears
The Guyana Revenue Authority (GRA) and the re-migrant couple accused in a multi-million-dollar tax evasion scam are working to solve the matter amicably, the tax agency’s lawyers told a packed city courtroom yesterday.
Narootandeo and Gharbassi Brijnanan appeared before Magistrate Judy Latchman at the Georgetown Magistrates’ Courts, and were released on self-bail. They were never served with a summons, but they turned up in court.
The elderly couple, of Continental Park, East Bank Demerara, was jointly charged with making false declarations and conspiring to evade taxes on two vehicles they imported in 2013, under the remigrant scheme.
The Brijnanans are being accused of subscribing to a false declaration in a matter relating to Customs, by falsely declaring two Lexus LX570 motor vehicles, to the worth of US$44,158 each, at GRA’s Camp Street, Georgetown Office, between June 18, 2013 and September 20, 2013.
The GRA also claims that the couple, together with persons unknown, aided and abetted the fraudulent evasion of duties due and payable to the tax agency on the two Lexus vehicles, PRR 8398 and PRR 8399, between June 18, and September 21, 2013.
The Brijnanans denied all the charges read to them in court.
The Brijnanans are being represented by a battery of high-profile lawyers led by Senior Counsel, Rex McKay. The team includes Attorneys-at-Law, Khemraj Ramjattan, Nigel Hughes, Robin Hunte, Brendan Glasford, Bettina Glasford and Christopher Ram.
Appearing for the GRA were Attorneys-at-Law Sandil Kissoon and Mahendra Satram.
It was Hunte who entered an appearance for the couple yesterday. He told the Court that the senior citizens once lived in the United States, but returned to Guyana and were living with their son at Continental Park.
The Brijnanans were due to appear in court since October when Kaieteur News Publisher, Glenn Lall, and his businesswoman wife, Bhena Lall, were first arraigned on the private charges. The Lalls were jointly charged with conspiring to evade taxes on two vehicles imported by the remigrants.
Hunte told the Magistrate that the Brijnanans’ late appearance was due to the fact that they were abroad seeking medical attention. They returned to these shores during December 2014.
He said though no summonses were served on them, they had learnt of the charges by alternative measures, and faithfully attended court yesterday. The lawyer asked for the couple to be released on their own recognizance.
Hunte highlighted their interest in the matter.
The Prosecution did not object to self-bail. During his short address, Kissoon admitted that no summons had been served on the Brijnanans and revealed that the tax agency and the remigrant couple are seeking to resolve the matter amicably.
His attempt to have the matter adjourned to March 4 was rescinded. The next court date is February 6.
The Lalls were also present yesterday and they too will return to court on that date.
The charge against the Lalls detailed that, between June 18 and September 30, 2013, they knowingly dealt with goods with the intention to defraud GRA.
They too are being accused of aiding and abetting the evasion of duty on the two Lexus vehicles between June 18 and September 21, 2013.
The Publisher and his wife already denied the charges when they appeared on October 13, last before Chief Magistrate Priya Sewnarine-Beharry. They were released on their own recognizance (self-bail).
The private criminal charges came less than a month after the publication of a series of shocking emails between the Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, the Attorney General Anil Nandlall and former President, Bharrat Jagdeo, which spoke of a plot to silence Kaieteur News.
Lall and his wife were hauled before the courts several weeks after Kaieteur News published reports questioning the appropriateness of Sattaur’s three children and relatives being employed at GRA, a state-owned tax collection agency where sensitive information is stored.
Another report that Chinese investment company, Bai Shan Lin, was granted luxury vehicles to conduct logging activities, had also angered Sattaur.
GRA refused to comment on the concessions, citing confidentiality clauses regarding taxpayers.
In late August, GRA descended on the Continental Park residence of the Brijnanans, close family friends of the Lalls, and officers moved to seize the two Lexus vehicles.
The vehicles were brought in by the Brijnanans last year after their application for remigrant status was approved by the Ministry of Foreign Affairs on July 3, 2013, and tax exemptions granted by GRA a few days later.
January 10, 2015
Attack on press freedom…Glaring similarities between Paris magazine and Kaieteur News -Dr. Thomas
– Says shame has government in denial
Executive member of the Working People’s Alliance (WPA), Professor emeritus, Clive Thomas, has said that there is a striking but scary resemblance between the recent attack on press freedom in Paris and that which is happening in Guyana.
On Wednesday last, three French nationals violently attacked the office of Parisian satirical magazine, Charlie Hebdo, and killed 12 persons. They have since been killed after a massive police manhunt.
The French media workers were murdered by gunmen who claimed to be Muslims acting in retaliation for cartoons the magazine published that did not find favour with them. The publication had been warned that it was treading on dangerous grounds and was asked to retract its cartoon depictions.
As a result of the threat posed, the French Government had provided police security for staffers of the magazine.
It was revealed last year that certain high-ranking government officials and other “powerful” persons were out to destroy the newspaper at all cost.
Kaieteur News was warned last year that if it didn’t back off from doing certain investigative reporting, it would suffer a similar fate – with gunmen storming the premises and shooting indiscriminately.
Attorney General and Minister of Legal Affairs, Anil Nandlall, in a profanity-laced recording, was heard telling a senior reporter that “innocent people” working at Kaieteur News would be in harm’s way as a result of the types of stories the newspaper has been carrying.
But when contacted, Presidential Advisor, Gail Teixeira told Kaieteur News that the two situations cannot be compared.
“The tragedy in Paris, France is a terrorist attack,” she said.
The official added, “While Government is concerned about the safety of all journalists, the two instances cannot
be compared. That was a terrorist attack. But I don’t know what you want me to say, you are fishing; you are trying to lead me …”
But Dr. Thomas said that the similarities are glaring. The WPA official, said that Kaieteur News is a victim of state terrorism, and that he made the decision to speak out on the Nandlall issue from the beginning, as he knew that what happened in Paris can very well happen in Guyana.
Dr. Thomas said that the fact that Kaieteur News has experienced the cold-blooded murder of five of its employees to terrorist elements and, like Charlie Hebdo, had been firebombed before, is reason to take Nandlall’s threats as serious as possible.
He said that the reason “Ms. Teixeira cannot see the similarities is because she doesn’t want to…If she admits, it will put Nandlall in a bad light. The truth is Nandlall embarrassed them. He put them in a position that they don’t know how to get out of.”
Thomas made mention of the five Kaieteur News pressmen who were executed by gunmen in an attack on the newspaper’s printery at Eccles in August 2006. He said that this is an example of how things can get out of hand. That execution-style attack had stunned the nation and the media fraternity worldwide.
The Inter-American Commission on Human Rights (IACHR) had in November last, called on the Guyana
Government to protect Kaieteur News staff and for an investigation to be carried out in relation to Nandlall’s utterances. The body had given the government two weeks to tell them the measures that will be implemented.
But Government has refused to say what measures have been put in place, despite questions from this newspaper.
When asked about it in the wake of what happened in Paris, Teixeira, refrained from providing the details of Government’s response, but said that government is still communicating with the Commission on the matter.
Questioned whether the government will hasten steps to provide security for the newspaper in light of the Nandlall recording, and also taking into account the tragedy in France., the Presidential advisor retorted, “Name me one country in the world that provides personal security for journalists who are carrying out their jobs?”
Thomas said that while it is very important that the government provide security for Kaieteur News, he is more concerned about justice for what has already been done.
He said that he was very disappointed with the Director of Public Prosecution (DPP)’s decision.
As for the tragedy in France, “Black-clad gunmen shouting “Allahu Akbar!” stormed the Paris offices of Charlie Hebdo, killing 12 persons, including its editor, three political cartoonists and a police officer, whose cold-blooded murder at close range was captured on a disturbing video.
The masked shooters moved with military precision, and then escaped following the mid-morning attack on the publication known for its provocative cartoons, lampooning politicians and religions alike.
Witnesses said the attack was carried out commando-style, with the gunmen demanding the names of those they encountered, indicating that they had specific targets in mind.
One of the dead in Wednesday’s attack was satirical cartoonist Stephane Charbonnier, the publication’s editorial director and the artist behind the caricatures that offended jihadists.
In a 2012 interview, Charbonnier famously shrugged off the threats on his life. “I would rather die standing than live on my knees,” he said.
January 11, 2015
Nandlall repeats threats to Kaieteur News
… if you cross the road carelessly you are likely to be struck down by an errant driver
Attorney General, Anil Nandlall has chosen to send yet another shivering message to the newspaper. He is now essentially saying that if the newspaper continues along the line it is going, it is likely to suffer the same fate of those who were killed in Paris.
Attorney General and Minister of Legal Affairs Anil Nandlall, in a profanity-laced recording made public last November, was heard telling a senior reporter that “innocent people” working at Kaieteur News may be killed as a result of the types of stories the newspaper has been carrying.
A group of reporters cornered Nandlall on Friday as he exited the Chief Justice’s Chambers and asked him about the comments he made back then.
Nandlall was told that his colleague in Parliament, Moses Nagamootoo, had on the same day said that the Paris incident coupled with Nandlall’s threats should serve as a warning to all Guyanese that there can be terroristic attacks to media houses in Guyana resulting in the deaths of journalists.
The Minister interjected, “And?”
He was then asked to confirm if what he was heard saying on the recording should indeed be taken as a warning.
At this, Nandlall laughed. After containing himself he said “ It should serve as a warning, (Laughed again) Well if you cross the road carelessly you are likely to be struck down by an errant driver.”
The Minister immediately then turned from the cameras and walked away.
Earlier that day, Nagamootoo had told the media that Guyanese should do as the Eddie Hooper song says and “take warning.”
He added, “Nandlall had given this country a warning that it is possible that you can have terrorist attack on newspapers and that journalists can be killed.
The Member of Parliament said that many unfortunately did not take Nandlall’s warning seriously and “let him off the hook.”
The Alliance For Change (AFC) Executive Member said that what played out in Paris seems to be from a script written by Nandlall. “Whether you say that those were Islamic extremists, Islamic fundamentalists or Islamic terrorists, it is not very important. The main issue is a question of intolerance against freedom of the press, freedom of expression and of the independence of journalists.
“For me the worst you could ever do to a human being is to shoot that human being for his views because you are intolerant.”
Nagamootoo said that Nandlall is one of those who cannot tolerate Kaieteur News’s views and “was telling them, warning one of its reporters, ‘Look that’s a dangerous place. Somebody would come in and shoot all y’all up and Peter gon pay fuh Paul and wha come sah do.”
The politician said, “We now have a situation in Guyana where we must now reverse the tape, look back at what Nandlall said and society must come out with revulsion and tell Nandlall that he cannot just escape with such types of threats because people’s lives are at stake.”
Executive member of A Partnership for National Unity (APNU) Dr. Rupert Roopnaraine said that while Guyana should not have waited for the Paris incident to take the threats made by Nandlall seriously, that unfortunate incident should be taken as a wakeup call for all.
He said, “I don’t believe we have to wait until an international tragedy like what happened in Paris to understand how serious we need to take threats against press freedom. I recall the brutal killing of the pressmen of KN back in 2008, that was a ghastly act and threats against the newspaper now should have been taken seriously because of what took place in the past.
“That incident should be a wakeup call for all of us because safety of our journalists is something we should take seriously and government should hasten moves to put in place security for KN staffers.”
Nandlall was heard saying, “Everybody doesn’t have a newspaper to use as a weapon, I told Adam, I said Adam people got weapons right, is not newspaper they gonna use as a weapon they got weapons and when you continue attack people like that and they have no way of responding they gun just walk with their weapon into that same f**king Saffon Street office and wha come suh do and innocent, Peter gun gah pay fuh f**king Paul in deh one day.
“Me ah tell you innocent, me a tell you honestly man to man that will happen soon… So the quicker you get out of deh, the quicker you get out of deh the better.”
January 12, 2015
Free expression is seen as a threat to the powers in Guyana – Greenidge
A Partnership for National Unity’s (APNU) Shadow Minister of Finance, Carl Greenidge has opined that it is clear that free expression is now seen as a threat to the powers that be in Guyana, and probably treated as a criminal offence by some.
This was after careful analysis of the horrifying massacre which recently took place in Paris, France, alongside the threats made against the Kaieteur News paper by the Attorney General, Anil Nandlall.
According to Greenidge, the importance of the press in the life of democracies cannot be exaggerated.
For the people of the Caribbean, he said, the wanton and callous murder of 12 journalists in Paris last week followed by the related murder of an additional five persons in a supermarket by terrorists hiding under the cloak of religion, should strike a special chord because satire, the idiom of the newspaper Charlie Bebdo, is a form well known to the English Caribbean people. (Satire is the use of humor, irony, exaggeration, or ridicule to expose and criticize people’s stupidity or vices, particularly in the context of contemporary politics and other topical issues.)
Greenidge said that the massacre at Charlie Hebdo is a further reminder, if one was needed, that all kinds of journalists, including cartoonists and satirists are also at risk on the front lines of the battle for press freedom and democracy. Although many in the government would tend to say otherwise, the Opposition member said that Guyana has not been spared such excesses.
“The execution of TV journalist Ronald Waddell outside of his home on January 30, 2006 has not warranted any special attention by the authorities. Indeed, a currently serving Minister has not only been fingered as facilitating a criminal who it is alleged was responsible for the execution but with giving instructions to the hospital to ensure that Waddell be left to die. A similar execution style killing of five pressmen, Eon Wegman, Shazim Mohamed, Richard Stuart, Mark Maikoo and Chaitram took place at the offices of Kaieteur News on August 8, 2006,” Greenidge said.
He went on to state that this disgraceful situation persists because some believe that somehow the cause or the political motives of those who perpetrated the atrocities were just.
Rather than resolving to ensure that there would be no repetition, the former Finance Minister emphasized that the nation then witnessed the Attorney General and Minister of Legal Affairs, Anil Nandlall issuing a de facto threat on innocent employees of the Kaieteur News newspaper, and confirming in the process, the links between the PPP, the Government and major criminals in the community.
He reminded that the release of the recording of the alleged conversation on October 27, 2014 has merely served to prompt a set of despicable excuses from President Donald Ramotar and his associates, notwithstanding calls from the Guyana Bar Association and the Association of Caribbean Media Workers (ACM) for the Government of Guyana, and even from their own, to deal properly with the matter.
He added that while some may opine that there are similarities to be drawn between what happened in Paris and the threats by Nandlall, the lesson to be drawn from those two events is that the excuse for the specific terrorist act is always going to be different.
“We should avoid therefore focusing too much energy on those narrow causes, such as religious differences and radicalism for example, but rather on their ultimate intent and impact which is to deny others and the majority in the society, the right to free expression and to voice their perception of the world. In Guyana, free speech is seen as a threat to the income and even influence of the powers in Guyana,” Greenidge concluded.
February 7, 2015
Seizure of Lexus vehicles… GRA drops charges against Lalls
… reaches amicable settlement with remigrant couple
The Guyana Revenue Authority (GRA) has dropped all charges against Kaieteur News’ Publisher, Glenn Lall, his businesswoman wife, Bhena and the re-migrant couple for alleged tax evasion, stating that the tax agency has reached amicable settlement with the elderly couple.
The Lalls and the remigrant couple, Narootandeo and Gharbassi Brijnanan were accused last year of defrauding the State of millions in relation to the importation of two high-end Lexus vehicles.
They were named in private criminal charges drawn up by the tax agency and the matter was being heard by Magistrate Judy Latchman at the Georgetown Magistrates’ Court.
The elderly couple, of Continental Park, East Bank Demerara, was jointly charged with making false declarations and conspiring to evade taxes on two vehicles they imported in 2013, under the remigrant scheme.
The Brijnanans were being accused of subscribing to a false declaration in a matter relating to Customs, by falsely declaring two Lexus LX570 motor vehicles, to the worth of US$44,158 each, at GRA’s Camp Street, Georgetown Office, between June 18, 2013 and September 20, 2013.
The GRA has also claimed that the couple, together with persons unknown, aided and abetted the fraudulent evasion of duties due and payable to the tax agency on the two Lexus vehicles, PRR 8398 and PRR 8399, between June 18, and September 21, 2013.
The charge against the Lalls stated that between June 18 and September 30, 2013, they knowingly dealt with goods with the intention to defraud GRA.
They, too, were accused of aiding and abetting the evasion of duty on the two Lexus vehicles between June 18 and September 21, 2013.
The Lalls and Brijnanans denied any wrongdoing and were subsequently released on self-bail.
They were represented by a battery of high-profile lawyers led by Senior Counsel Rex McKay. The team included Attorneys-at-Law Khemraj Ramjattan, Nigel Hughes, Robin Hunte, Brendan Glasford, Bettina Glasford and Christopher Ram.
Appearing for the GRA were Attorneys-at-Law Sandil Kissoon and Mahendra Satram.
During a hearing before Magistrate Latchman last month, lawyers from the tax agency revealed that they and the re-migrant couple were working to resolve the matter amicably.
As the matter was called again yesterday, none of the defendants were present in court. The court heard that the Lalls were out of the jurisdiction while the Brijnanans had offered excuses for their absence by way of letter.
It was through Kissoon that the court was informed that the tax agency wished to withdraw the charges against the parties. At the end of the three minute hearing Magistrate Latchman dismissed the charges brought against the four.
The tax agency, by way of public statement, said that it had, in an amicable resolution agreed to accept compensation in lieu of or in substitution for proceedings in a court of summary jurisdiction in-keeping with the law.
Commissioner-General, Mr. Khurshid Sattaur is quoted as saying “After some discussions, we were agreeable with the proposal put before us, as we are more inclined to amicable resolutions rather than litigious ones. Notwithstanding, we are prepared to go the distance to protect tax revenues.”
The agency noted the article which appeared in the Guyana Times on January 6, last and advised that too much media publicity in tax matters that require some degree of confidentiality can “negatively impact such cases, and force persons to resolve matters out of court by way of compensation, when they are found to be in contravention of the Act or any regulations made there under.”
Sattaur emphasised that tax offenders have the prerogative of settling matters out of court. This
is provided for in law to avoid severe penalty which could include imprisonment. He said that as part of its vision and mission, the organisation seeks to first promote voluntary compliance to ward off enforcement action.
“Even when enforcement action becomes necessary, the Authority seeks an approach that lends to achieving efficiency and certainty in the tax dispute resolution process. In this case, like others, we have chosen the traditional method of alternative dispute resolution which is less costly, less time consuming and is not resource depleting,” Sattaur added.
The Commissioner-General added that the current laws are “not stringent to allow for prosecution as weaknesses developed because the Scheme is governed more by policy rather than law.”
He said that recommendations were sent to the policy makers to have a certain set of laws amended to strengthen the conditions to be satisfied before and after remigrant status is granted.
Regarding similar matters that are pending, the GRA head said that when the time comes the Authority will take the necessary action in accordance with the law. The GRA reminded the taxpaying public that concessions are not granted without impositions or fetter, but have statutory preconditions as well as conditions as to the use of those concessions.
“Taxpayers have rights,” and the GRA views the use of the court by persons to challenge the actions taken by the agency as a right or entitlement. Notwithstanding, the Authority will do its part to protect the integrity of its operations.
“Again, the GRA urges those who are contemplating making use of concession schemes to be cognizant of the laws including anti money laundering legislation, regulations, international agreements and policies governing same as there are serious consequences once found guilty of violating the laws pertaining to such offences,” the statement ended.
The private criminal charges against the four came less than a month after the publication of a series of shocking email between GRA’s Commissioner-General, the Attorney General Anil Nandlall and former President, Bharrat Jagdeo, which spoke of a plot to silence Kaieteur News.
In late August, GRA descended on the Continental Park residence of the Brijnanans, close family friends of the Lalls, and officers moved to seize the two Lexus vehicles.
The vehicles were brought in by the Brijnanans last year after their application for remigrant status was approved by the Ministry of Foreign Affairs on July 3, 2013, and tax exemptions granted by GRA a few days later.
February 16, 2015
Stabroek News is malicious and misleading — says Glenn Lall
The decision by the Guyana Revenue Authority to settle the issue of the imported Lexus vehicles has been seen by Stabroek News as a test of the credibility of Kaieteur News Publisher, Glenn Lall. In its Sunday edition, the newspaper described the settlement as a “secret settlement” between the Guyana Revenue Authority and Publisher, Glenn Lall.
Yesterday, Publisher Glenn Lall, who has been overseas for the past month, said that he was in no way involved from the beginning.
“I never imported any vehicle; I never sought remigrant status and I was in no way involved in this issue from the beginning,” he said.
He said that indeed he was critical of operations at the Guyana Revenue Authority during his pursuit of accountability and fair play in the national economic system. He said that his anti-corruption stance caused him to release e-mails between the GRA and Government officials.
And this was only done when he learnt that the government had planned to go after him for his position on corruption at the national level. Lall said that the attack by the government dates far back as some years ago.
He said that even the deaf, the dumb and the blind know that the charges were trumped up against him and others. The e-mail exchanges with the government officials and the recorded conversations speak volumes, he said.
“I was not surprised while sitting in the United States to learn that the charges were dropped. It came as no surprise.”
He said that for Stabroek News to publish what it did could only be a case of seeking attention and being downright wicked.
It was misleading and malicious when it said that one of the vehicles was seized form Bhena’s Footwear and the other from Kaieteur News Saffon Street office, he added. The vehicles were seized from the residence of the remigrants.
“For the Stabroek News to suggest that I was implicated in anything is nothing but wicked and malicious. When the settlement was reached I was out of the country and when the decision was handed down I was out of the country.” Mr Lall is still out of Guyana.
He said that the evidence would reveal that he had nothing to do with any agreement with Guyana Revenue Authority.
The vehicles were released to the remigrants, Narootandeo and Gharbassi Brijnanan, and not to Glenn Lall and his wife, both of whom were charged with tax evasion as part of the government campaign to malign him, he said. When the vehicles were released Lall was out of the country on personal business.
He said that he would have nothing to ever say to Stabroek News, a newspaper he once respected both as a competitor and as a newspaper.
“Stabroek News would do well to get to the source of the people who decided to drop charges against me and my wife and not speculate about my involvement.”
July 07, 2015
Nandlall recording…KN journalist breaks silence, refutes Nandlall’s claim of friendship
As he finally faced a topic that he desperately ran from in the past, former Attorney General, Anil Nandlall did not deny that his was the voice heard on the recording warning of a possible attack at Kaieteur News.
Nandlall had said that the attack could result in the loss of “innocent” lives. This time, he repeated that he was talking to an old school friend and had no idea he would have been betrayed.
Nandlall said this on Sunday afternoon as he appeared on a radio programme ‘Hard Talk’ aired on 90.1 Love FM. The programme is hosted by Chris Chapwanya.
Last October, a profanity laced recorded telephone conversation between Nandlall and senior Kaieteur News reporter. Leonard Gildarie, was released to the public and went viral.
The recording prompted a criminal investigation and also saw calls and protests for Nandlall to resign as Attorney General or be fired. This was a call that was echoed by Courtney Crum-Ewing who was subsequently killed in Diamond Housing Scheme.
At the time when the recording was released, the then People’s Progressive Party/Civic (PPP/C) government attempted damage control. It made several pronouncements including that the then Minister was illegally recorded. At one point the government said that it would have checked the authenticity of the tape insinuating that it was manipulated.
But when he appeared on the radio programme on Sunday the former AG did not mount such defence. Instead, he clung to what he said was a classic case of betrayal. He said that the situation was made bigger than it really is.
The betrayal line of defence pushed the journalist who stayed quiet all along to finally come out and say otherwise.
Nandlall had told Chapwanya, “The persons who have spun that out of control are persons who would not vote for the PPP – they are not my supporters.”
He said he did not fathom that his remarks would have been made public since he presumed he was speaking to a former classmate and not a journalist.
“I was having a conversation with this gentleman whom I have known for several years; yes he is working at the newspapers but I wasn’t calling him in that capacity. It’s as if I call you one day and you and I are friends …I’m not speaking to you in your capacity as a reporter but that was the spin that was put to it.”
Nandlall dubbed the remarks as “unfortunate” and said that he is not of the opinion that he should have abandoned his post as Attorney General and Legal Affairs Minister.
“We all make unfortunate remarks, we all have conversations that we all hope will never see the light of day…We have our private conversations, I never thought this thing would be taped. I never thought it would be released as a news item and going to be all over the world,” he stated.
Yesterday, the journalist who Nandlall keeps acknowledging to be his friend and former classmate totally disowned the former Minister.
He posted on his Facebook page, “I am getting a little tired of this classmate thing. I stayed quiet throughout this entire episode.”
Gildarie noted, “Nandlall again says I am his classmate and the DPP (Director of Public Prosecution Ali) Hack used the argument of classmates also…My statement to the police who came to my home to arrest me last year never mentioned anything of a best friend.”
The journalist questioned, “Could Mr. Nandlall say which classes we were in together at QC? We were best friends…where did we ever go for a drink? Who was my form master or mistress?
Which (school) year was I in? Does he know my parents? The answers will speak for themselves.”
Gildarie continued, “The DPP erroneously concluded that because I was a school chum of Mr. Nandlall then the statements had to be taken as such. How did the learned DPP arrive at that decision? Again I believe as a journalist I should not be making the news but rather writing it.”
Nandlall was heard saying that there are plans afoot to kill “innocent people” working at Kaieteur News in reaction to the many exposing stories the paper had been carrying.
He was also heard admitting that he used taxpayers’ money for personal reasons.
The Attorney General, in the recording referred to a female Kaieteur News reporter as a “lil thing” and advocated that his uncle, Kamal Mangal, got an opportunity to “f**K de girl.”
Nandlall said, “I told Adam [Adam Harris, Editor, Kaieteur News] everybody don’t have a newspaper to use as a weapon, I told Adam people got weapons. If they continue to attack people like this and they [people] have no way of responding, they will just walk with their weapon into that same F**king Saffon Street office and wah come shall do.”
He further said, “Innocent people got to pay for f**king Paul… I tell you honestly, man to man, that will happen so the quicker you get out of there, the better for you.”
“There is a simpler way of dealing with this situation you know, I tell Glenn already. He knows I have capacity and I know his. I don’t have to go to Court every day and issue press statements, I don’t have to resort to those methods…there are far more effective measures to which I can resort.”
October 25, 2015
“It wasn’t me!” GRA emailgate was Nandlall and Sattaur thing – Jagdeo
By Abena Rockcliffe
Former President Bharrat Jagdeo recently urged the new government not to use the all important Guyana Revenue Authority (GRA) to get information on entrepreneurs. That can have serious repercussions on the economy and can cause citizens
to lose trust in the system, he said
As he made such a plea, the Opposition Leader was reminded of the era when members of the People’s Progressive Party/Civic (PPP/C) government used the Authority to target individuals with whom it did not find favour.
Last September, Kaieteur News published two sets of emails; one between GRA Commissioner, Khurshid Sattaur and former Attorney General, Anil Nandlall and the other between Sattaur and Jagdeo.
The emails provided insight into a plot to destroy Kaieteur News as a result of the exposés the newspaper had been carrying concerning the operations of the executive and Sattaur.
But that incident probably slipped Jagdeo’s mind as he initially warned the government not to use GRA as a political tool.
Jagdeo told the media on Friday that he had major concerns about the economy as it was grinding to a halt. The Opposition leader said that the distress of the economy is not just reflected in growth rate, but “in the loss of income and the loss of jobs. My fear is that we may have several financial crises long before we have an economic crisis particularly with the currency and with our banking system.”
The former President said that he recently visited Region Five and held several community meetings. He then indicated that at those fora he met with some businessmen who had grave misgivings about the Bill that is currently before the National Assembly. The Bill he referred to was the Financial Institutions Amendment Act.
Jagdeo said the Region Five businessmen are “Worried that GRA will be used politically to go after their information in the banks. I am very fearful of what this can trigger many of them to do and they probably will pull their money out of the system.”
Jagdeo stressed that if this happens there will be a large scale movement of resources switching to US dollars or it may be externalized as capital flight.
“This could cause major problems with our currency and I urge the government to be careful about the signals that they are sending because if that were to ever happen we will trigger a crisis of unimaginable proportions in this country.”
Asked how he would compare the fears of the Region Five businessmen to what actually happened in 2014, Jagdeo did not deny the authenticity of the email but denied being directly involved.
He said, “The email was copied to me. I was never party but that is Kaieteur’s fabrication. I received a copy of something, an email; I had never sought information on private individuals, never.”
That was the first time that Jagdeo ever spoke publicly about the emails.
He was asked if he views the disclosure of the information as wrong. To this he responded, “Khurshid was dealing with a sitting AG and I do not know what engagements they had with government business. The AG deals with legal issues and Sattaur deals with tax collection; that’s an official channel.”
Asked why he who was not in Government at the time was copied in the email, Jagdeo claimed ignorance.
He said, “I do not know. People copy tons of things to me. Why they copy them, I do not know. I cannot answer that but people send lots of stuff.”
The former President said that even the most hostile people against the PPP cannot claim that the GRA or any state agency was used in a political fashion under the PPP.
“Let me state an example. You are talking about example, let me give you an example, Guyana Stores of Glenn Lall and Tony Yassin for 10, 15 years had no annual General Meeting and as a public company they should have been struck from the register,” said Jagdeo.
He continued, “Today I heard a number of people hired for the enforcement department of the GRA, check who they are. I heard most are political and ex army people.”
Jagdeo further stated that, “In light of what is happening people are fearful that their record will be used for other purposes. So I can understand the sentiment out there and I am not saying this is my sentiment. But once that catches on… you can expect a large number of businessmen feeling insecure.”
When the emails were revealed, Sattaur contended that whatever he did was covered in law and as such he had nothing to hide or to be afraid of.
Asked whether he denies that he did in fact share tax information of privately owned media houses with the former President Bharrat Jagdeo, Sattaur said, “No comment.”
“Let them dig more and write what they want…Let them write it in ‘dem boys’,” said Sattaur.
Kaieteur News had published a redacted email sent from Sattaur to Jagdeo, where he divulged tax information of several privately-owned media houses.
In another email, to Attorney General Anil Nandlall, Sattaur informed him that he had provided the former President with “Information which I would expect he treats with the utmost confidentiality.”
Sattaur informed Nandlall that, “Since we are in this thing together, I see no harm in sharing this with you. However, further to the assurances you have given me that the Government will be pursuing the newspaper for libel and other offences of a criminal nature, I will await the determination of such action before I provide you with the details on Kaieteur News.
“Of course I am deeply indebted to the Government for the confidence it places in me to continue to execute my duties as CG.”
The email went on, “I spoke with the honourable BJ and he suggested that the recent outrageous article published on me should for “media purposes” be attributed to the impending major audit of the Kaieteur News which in his usual irregular and surreptitious manner, the newspaper was able to uncover.
“Please note however, unless there is a major gag order from the court with a threat of maximum imprisonment, I am not prepared to have this most recent proposed action made public…This as they say in proverbial language is likely to break the camel’s back and the individual may go berserk.”
January 03, 2016
GRA swoops down on Sattaur’s home, takes away gun, PC and Ipad
Officials late last week descended on the Pradoville One, Goedverwagting home of Head of the Guyana Revenue Authority (GRA), Khurshid Sattaur, taking away his firearm and other property belonging to the state entity.
The visit by GRA officials, on December 31(Old Year’s Day), would come almost two weeks after Sattaur was sent on vacation leave by the entity’s Governing Board of Directors to facilitate an upcoming comprehensive forensic audit by an international firm.
GRA sources yesterday confirmed that a visit was made to the East Coast Demerara premises late Thursday evening.
Contacted yesterday, the Commissioner General said he did not want any trouble and had “volunteered” to give up his gun to the GRA officials.
He also said that his computer was taken away by the officials.
GRA officials, speaking on conditions of anonymity, said an Ipad was also taken from the Commissioner-General.
Sattaur yesterday insisted that he was not political and had served faithfully for over 30 years between Inland Revenue and GRA.
Sattaur believed that Kaieteur News played a critical role in his removal, carrying stories about him even while he was representing GRA on overseas trips.
He said that two of his children, who held positions with GRA, resigned over the past months amidst growing pressure, following General Elections in May which saw a new government being sworn in after the two-decade rule by the People’s Progressive Party/Civic (PPP/C).
“I am happy in this New Year to be away (from GRA).”
He said while in Opposition, Members of Parliament Joseph Harmon and Moses Nagamootoo had said that he, Sattaur, would not “survive” if the coalition won the elections. Harmon is now the Minister of State, in charge of the Ministry of the Presidency while Nagamootoo is the Prime Minister.
“I am thanking Kaieteur News and Glenn Lall (the Publisher) for allowing me a rest.”
Sattaur reportedly served for 12 years as Commissioner-General of GRA.
The new Board of Directors, to facilitate the impending audit, sent him on 200 days leave.
Sattaur, contacted on December 17, the day he was sent on leave, said his name was very much tarnished in the run up to elections.
“…Though the current Government when in opposition had issues with me yet I had faith that things would be different from this administration. I guess I was wrong.”
Sattaur added that he has sacrificed and turned down “many overseas postings and offers to serve my country but if you have people who don’t believe I deserve the job there is nothing that I can do. If this is how Guyanese believe I should be treated so be it.”
He said that during his 30-plus years, he served under leaders like Arthur Chung, Forbes Burnham, Desmond Hoyte, Dr. Cheddi Jagan, Janet Jagan, Sam Hinds, Bharrat Jagdeo and Donald Ramotar, and now President David Granger- all with distinction.
“Now if the Board believes that I need a rest then I think I need a rest too.” Since taking office, government has launched several forensic audits to determine the health of its State agencies and several Heads have been sent on leave.
January 09, 2016
Sattaur forced confrontation with GRA over assets removal
– had six GRA vehicles at Pradoville One home
The Guyana Revenue Authority (GRA) defended last week’s visit to the home of tax chief, Khurshid Sattaur, yesterday saying that it was done to retrieve sensitive data and other properties belonging to that state-owned tax collection entity.
Sattaur was sent on leave by the governing Board of Directors on December 17 as GRA prepares for a forensic audit that will be conducted by an international company.
GRA officially reportedly went on December 31, and collected a laptop, Ipad and even a gun belonging to the official.
The visit, reported by Kaieteur News over the last weekend, was criticized in many quarters with some of the critics contending that Sattaur is still the Commissioner-General.
However, during a press conference yesterday at GRA’s Headquarters on Camp Street, Chairman of the Board, Rawle Lucas, made it clear that GRA regulations are clear when it comes to protecting taxpayers’ confidential information.
Lucas insisted that Sattaur was not cooperative with the GRA officials when he was notified that the GRA needed to recover some property from the Pradoville One home, at Goedverwagting, East Coast Demerara.
It was disclosed yesterday that Sattaur had possession of six vehicles belonging to GRA, including a golf cart. Acting Commissioner General, Ingrid Griffith, said that her office decided to leave one vehicle then on second thoughts opted to leave the golf cart also for the use of the Commissioner-General.
The Chairman explained that based on a directive of the Board, on December 17, Sattaur proceeded on leave. It was agreed that he would return certain properties pertaining to taxpayers.
The Board, Lucas revealed, also asked Sattaur to help identify persons in possession of GRA property.
Lucas stressed that the entire exercise was to ensure the protection of confidential tax data as required by regulations.
“We were not interested in anything else but the taxpayers’ properties and data,” Lucas said.
He added that initially Sattaur had been asked about the return of the properties and data he had in his possession. When he did not comply, a decision was taken to visit his home.
The visitors were staffers from GRA’s information and technology division. Sattaur also had remote access, from home, to GRA’s information. GRA had since severed the link too, Lucas said.
Commissioner-General (Ag), Ingrid Griffith, said that when on leave, GRA staffers for obvious reasons are not allowed access to internal data, to ensure its protection.
No Disrespect
The Chairman also said that at no time, at Sattaur’s home, did the GRA staffers display discourtesy and disrespect to the Commissioner-General.
In case of the gun, Sattaur himself voluntarily handed it over– it was never demanded by GRA.
Sattaur is not on contract with GRA. For a number of years now, he has been on permanent employ with the entity, Lucas said.
Meanwhile, the Chairman who was accompanied at the press conference by senior officials, spoke extensively on the need for taxpayers’ information to remain confidential.
He said that on an initial review of the policies of GRA, there were gaps found that needed addressing with little assurance that the information could remain confidential especially when it concerns staffers who are on leave for a long time from the authority.
He said that the information available at GRA could be a powerful weapon in the wrong hands.
It was never the intention that the confidential data should ever be used for anything but revenue collection-—and definitely not to embarrass, ridicule, frustrate or torment taxpayers.
The only way that the information at GRA could be released is in pursuit of the public interest, he said.
Already, GRA has moved to close the loopholes and tighten its procedures to better protect the taxpayers’ data.
According to Lucas, the new systems are awaiting final approval.
“No one should believe that law does not apply to him or her, more so those entrusted with setting the example.”
Tough Penalties
Lucas warned that the Board intends to be tough on implementation and anyone found with confidential taxpayers’ information when they are not authorized, will be investigated and dealt with.
Sattaur came under fire in 2014 when a number of leaked emails alleged that he released confidential tax information on Kaieteur News to ex-President, Bharrat Jagdeo, and former Attorney General, Anil Nandlall.
Yesterday, the Private Sector Commission joined a number of other institutions in criticizing the visit to Sattaur’s home.
“The Commission is both perturbed and concerned at this treatment of a very senior official who has not been formally accused of any wrongdoing. To the best of our knowledge, Mr. Sattaur is on leave from the entity pending the results of an inquiry. He has not been asked to resign and as such remains both the de jure and de facto Head of the GRA.”
In the circumstances, if his electronic communication devices were required for purposes of the investigation, then the proper procedure would have entailed a request to Sattaur to hand these over to the Board, PSC said in its statement.
The truth is that this was the procedure adopted.
“We understand that the invasion of Mr. Sattaur’s home was not conducted by the National Police armed with a warrant for search and seizure of items from his home. This is a violation of his human rights. It was reported that the officers who went to Mr. Sattaur’s home were officers of the Guyana Revenue Authority and we do not believe that they are or were legally authorized to do so.”
PSC said that the searching of homes of officials of entities under investigation seems to have become common practice and, “We call upon President Granger to rein in what appears, from all accounts in the public domain, to be a show of excessive enthusiasm on the part of some persons.”
In recent days also, commentator Chris Ram and David Hinds also raised questions about GRA’s visit, insisting that Sattaur for all purposes is still the Commissioner-General and a member of the Board of Directors.
Today the GRA Board set the record straight.
January 22, 2016
GRA fires tax Chief Khurshid Sattaur
More than one month after sending the country’s tax chief on more than 200 days leave, a
decision has been made to fire him.
According to the Guyana Revenue Authority (GRA), the Governing Board of Directors at yesterday’s 171st meeting took a unanimous decision to terminate the relationship between Commissioner-General, Khurshid Sattaur, and the authority. The decision will take effect on March 1, 2016.
A press conference has been scheduled for today at GRA’s head office on Camp Street, to further discuss the development.
“Acting Commissioner-General, Ms. Ingrid Griffith, will continue to function in the position of Commissioner-General until further notice,” GRA said.
It will be recalled that Sattaur was sent off on December 17, after 12 years as Commissioner-General. The move, according to GRA, was made to facilitate an upcoming comprehensive forensic audit of the agency by an international firm.
As Commissioner-General, Sattaur reportedly accumulated over 200 days of leave.
Sattaur was also a member of the Governing Board of Directors.
Late last month, Kaieteur News reported that GRA officials visited the Goedverwagting home of Sattaur, removing property that belonged to that state entity. Reportedly taken away were an iPad, four vehicles and a number of computer related items,
GRA also cut the remote access that Sattaur had at his home with the servers and other systems of the authority.
Earlier this month, GRA defended the visit to Sattaur’s home, saying it was done to retrieve sensitive data and other property belonging to the state. Sattaur voluntarily handed over his gun also. At his home, there were six vehicles belonging to GRA, including a golf cart.
GRA Chairman Rawle Lucas disclosed that it was decided to leave one vehicle and the golf cart with the Commissioner-General.
The visit to Sattaur’s home was criticized in many quarters, with some of the critics contending that Sattaur was still the Commissioner-General. However, during a press conference at GRA’s Headquarters on Camp Street, the Chairman said regulations are clear when it comes to protecting taxpayers’ confidential information.
Lucas insisted that Sattaur was not cooperative with the GRA officials when he was notified that the GRA needed to recover some property from his Pradoville One home, at Goedverwagting, East Coast Demerara.
The Chairman had explained that based on a directive of the Board, on December 17, Sattaur proceeded on leave. It was agreed that he would return certain property pertaining to taxpayers.
The Board, Lucas revealed, also asked Sattaur to help identify persons in possession of GRA property.
Lucas stressed that the entire exercise was to ensure the protection of confidential tax data as required by regulations.
“We were not interested in anything else but the taxpayers’ property and data,” Lucas said.
He added that initially Sattaur had been asked about the return of the property and data, he had in his possession. When he did not comply, a decision was taken to visit his home.
Meanwhile, the Chairman, who was accompanied at the press conference by senior officials, had spoken extensively on the need for taxpayers’ information to remain confidential.
He said that on an initial review of the policies of GRA, there were gaps found that needed addressing, with little assurance that the information could remain confidential, especially when it concerns staffers who are on leave for a long time from the authority.
He said that the information available at GRA could be a powerful weapon in the wrong hands.
Sattaur came under fire in 2014 when a number of leaked emails alleged that he released confidential tax information on Kaieteur News to ex-President, Bharrat Jagdeo, and former Attorney General, Anil Nandlall. Complaints had been filed by the newspaper to the Association of Chartered Certified Accountants (ACCA).
Sattaur has also been criticized for not doing enough to collect taxes from a large number of non-compliant persons and companies. There have been recurring reports of various scams involving duty free concessions for vehicles, happening under his watch, causing the country to lose hundreds of millions of dollars in revenues.
Lucas had warned that GRA is taking seriously the sanctity of taxpayers’ information – any leakage will result in the perpetrators being penalized, he said.
January 22, 2016
Sattaur issues statement on termination
– had offered President to stay on; wants outstanding benefits
Khurshid Sattaur, who was sacked as Commissioner-General yesterday by the Governing Board of Directors of the Guyana Revenue Authority, has issued a statement, saying that the entity was out to embarrass him.
The tax chief also said that he had offered President David Granger to stay on, but he was made uncomfortable.
Below is the full statement:
At the very inception the many public pronouncements made by the Prime Minister (Moses Nagamootoo) indicated that it would be uncomfortable for me to continue as the head of the GRA under the new administration.
I held office at the pleasure of the Minister, President and the Board and they are entitled to adopt the course of action they have taken.
Immediately after the new Government was installed, I made a request to the President of this country for my services to be continued as the head of GRA and I offered my continued commitment and dedication to the revenue administration of Guyana.
I received a response through a letter some time in September, that was backdated in July, acknowledging my offer, but indicating to me that His Excellency’s Ministers will take a decision.
In the meanwhile, I was given all assurances from both the Minister of the Presidency and the Minister of Public Security that there was nothing to be worried about concerning continuing my services with the GRA.
However, within the GRA there were many strange developments that belied or contradicted what was communicated to me by the politicians aforementioned.
Professional ethics precludes me from disclosing any of these matters. Suffice it to say, however, I was extremely taken aback by the decision taken by the Board on 2nd December 2015 to have me proceed immediately on leave.
According to the reasons offered this was to facilitate an impending forensic audit of the agency.
As the public is well aware, since proceeding on leave certain incidents have occurred, including a press conference conducted by the Chairman, that have targeted me and would appeared (sic) to suggest that my days were numbered at the GRA.
It does concern me that I gave long and dedicated service to my beloved country for which I have received a national award (the CCH), for my outstanding performance and I am now being discarded and attempts are being made to have me ridiculed and publicly embarrassed by the very agency that I gave long and dedicated service. These incidents, sad to say, would appear to have been orchestrated to make it very uncomfortable for me to continue serving with the same dedication and sincerity with which I approach my work.
It is apparent that if I were to resume duties at the end of my leave period I would have been unable to execute my mandate in an effective manner.
I am, therefore, very much relieved that the Board, probably sensing my discomfort, has compassionately chosen to terminate my services after giving me the necessary notice and most optimistically would be providing me with my hard earned benefits including my pension benefits up to my legal age of retirement on 31st October 2017 among other entitlement that applies to termination such as severance pay and my full leave passage entitlement.
I now look forward for a peaceful retirement and to engage in less strenuous activities that would allow me to enjoy the benefits of my long and dedicated service to this country. I am very proud and feel most honoured to have served my country with dedication, commitment and distinction.
January 23, 2016
GRA: Sattaur backdates GRA’s pension claim, collects $12M
-illegally shared information with embassy
-collected Govt. pension while on the job
-Tax Chief insists he was asked to do illegal things
The Guyana Revenue Authority (GRA) has launched an investigation into a suspicious $12M pension payment that Commissioner-General, Khurshid Sattaur, received shortly before the May 11 General Elections last year.
The transaction was one of several reasons that prompted GRA’s Governing Board of Directors on Thursday to terminate the services of the embattled tax chief.
Several senior GRA officials were present yesterday at the entity’s Camp Street Headquarters to explain the sacking.
According to Chairman, Rawle Lucas, the Board during its 171st meeting, decided to end GRA’s relationship with Sattaur. The decision was spurred by a number of considerations.
During a recent meeting with the Board, Sattaur, who was sent on more than 200 days leave last month to facilitate a forensic audit, admitted that he broke confidentiality rules of GRA when he shared information on taxpayers with unauthorized third parties.
The Board, Lucas said, learnt that approximately one month before the May General Elections last year, the Commissioner General divulged sensitive GRA information to persons who were not authorized to receive such information.
This particular issue is not new to Sattaur. In late 2014, he was implicated in an explosive leaked email in which he is alleged to have shared tax information on Kaieteur News, the country’s leading newspaper, with ex-President Bharrat Jagdeo and former Attorney General, Anil Nandlall.
The email indicated a plot to bring down the newspaper. The newspaper’s Publisher, Glenn Lall, and his wife were also targeted—they were placed before the court on a charge of evasion of tax duties. Those charges were later dropped.
Yesterday, Sattaur admitted that he indeed shared information but it was with a local embassy and that the person involved was not a taxpayer (SEE additional statement issued by Sattaur),
The sharing of information to unauthorized third parties is strictly forbidden by GRA’s secrecy regulations.
However, Lucas argued that the transaction only benefitted Sattaur and not the citizens of Guyana.
Safe
The official also disclosed that GRA discovered that Sattaur had a safe in his Goedverwagting, East Coast Demerara home. That safe was supposed to be under the control of the Head of GRA’s Information Technology Division. It was normally used for storing confidential taxpayers’ data.
Questioned, Sattaur claimed that the safe was in his home on account of his son, who is an Information Technology operator at GRA.
But aside from this, GRA also found a number of other questionable things about Sattaur’s presence at GRA.
For instance, weeks before the November 2011 elections, Sattaur decided to voluntarily end his employment with GRA. He opted for his pension. Reportedly, he would have received millions in a lump sum.
Those payments to Sattaur would have had to be approved by the former GRA Board of Directors and former Minister of Finance, Dr. Ashni Singh.
Since 2011, Sattaur has been receiving his pension with the last payment made this month.
The problem with this arrangement that after the 2011 elections, Sattaur somehow stayed on as the tax chief of the country without a written contract. GRA officials looking into the arrangement could find no contract, implying it was an oral one.
According to the Chairman, investigations by the Board found that Sattaur was appointed Commissioner-General on September 1, 2003 by ex-President, Bharrat Jagdeo.
However, the power to appoint was placed in the hands of the Governing Board of Directors when new GRA laws were passed.
Oral Contract
Lucas said that from all indications it appeared that Sattaur was on an implied contract which meant that another transaction that was discovered was highly questionable.
It was explained that though he retired since 2011 from being a permanent staffer of GRA, Sattaur shortly before the 2015 elections filed backdated claims from a pension scheme that GRA had for staffers. He collected $12M. He dated his claim back to 2007.
GRA’s legal team was asked to advise on the legality of the transaction but, according to the Chairman, it could not provide any legal basis for what appears, at first glance, a highly irregular course of action- that is that Sattaur was a permanent staffer and not on contract.
“The Board regarded this action as inimical to the public interest and highly prejudicial to the interest of the Guyana Revenue Authority.”
The Board also found another problem with Sattaur’s handling of the affairs of GRA.
Two vehicles, one of which had been gifted to GRA, were found with the same registration plates.
Asked about it, Sattaur at first could not recall who gave GRA the vehicle. He did eventually provide some helpful information, Lucas said.
It was found that the gifted vehicle was driven by a person not doing GRA’s business.
That matter is under investigation also.
“It is in light of the foregoing factors, that the Board found it to be in the public’s best interest to discontinue the working relationship between Mr. Sattaur and the Guyana Revenue Authority.”
Questioned yesterday, Lucas confirmed that the sharing of information by Sattaur was not related to the highly publicized one involving Kaieteur News. He also could not speak of other cases.
However, GRA has records of what Sattaur told the Board when he met with them recently.
GRA is currently putting measures in place to ensure taxpayers’ information is kept even safer and prevent staffers on leave, especially, from having access.
Lucas made it clear that of priority at the moment will be providing the enabling environment for GRA staffers to carry out their mandate. He said that any action taken by the Board is purely intended to make the tax collection agency stronger.
Asked about whether GRA is likely to pursue criminal charges against Sattaur, the Chairman disclosed that GRA is examining its options.
Late last month, shortly after the Commissioner General was sent on leave, GRA officials descended on his home, removing hard drives, an IPAD and other items. Also removed were four of six GRA vehicles Sattaur had at his home.
The allegations against Sattaur would raise alarm bells over the manner in which the previous administration was managing GRA, the country’s premier tax collection agency.
A number of frauds involving duty free concession have been uncovered in the past but there has been little word from Sattaur and GRA over the status of the probes.
Recently, Lucas disclosed that tax compliance was a major problem for GRA with an initial assessment by the new government finding worrying signs, especially in economic hotspots across the country.
The current disclosures about GRA would raise serious questions about the level of oversight by the previous administration on the state-owned agency.
With alleged, widespread corruption on the wharves and a large number of non-compliant taxpayers, GRA had overtime become feared as an entity for another reason- that it could be used as a weapon by the administration against taxpayers.
January 23, 2016
Tax Chief refutes GRA’s reasons for sacking
-claims he was asked to do illegal things
Following the explanations given Rawle Lucas, Chairman of the Guyana Revenue Authority, on the termination of Commissioner-General, Khurshid Sattaur, the following statement was released yesterday
“While I am extremely disturbed by the allegations made by the Chairman for corrupt practices at (yesterday’s) press conference held at the GRA, I am equally devastated by his acts that has (sic) forced me to give a response to the many
allegations made against me.
From the time the Chairman held the first press conference in which he accused me of having six vehicles in my possession at my home amongst other highly offensive things, I became extremely suspicious that I will be targeted in the future for various wrongdoings to which I am innocent and nor have knowledge of.
For the public’s information I have always have (sic) only two vehicles in my possession, a Camry and a Fortuna- for which the Fortuna I was recently been relieved of.
I have a deep concern of the welfare and well-being of the GRA since many of my close colleagues are employed there and from these displays coming from someone who is in charge of this important agency I can only hope that my years of dedicated service do not go to the wayside and result in my former colleagues being impoverished.
Even though, year after year I have been instrumental in achieving my revenue targets and surpassing them on all occasions, it is worrying to say the least that last year I was informed unofficially of the GRA not attaining the revenue target by half of a billion due to my absence of only two weeks.
Because of the many misrepresentation (sic) by Mr. Lucas concerning what I said to the Board and what I would have responded to him about what I have in my possession, because he is a professional person like me, and since I find his statement to be most distasteful and offensive, I am contemplating taking legal actions.
Soon after the new government was installed and the replacement for Mr. Clement Sealey was hastily put in place it had become painfully obvious to me that I would be unable to act professionally as I am accustomed to in the position of Commissioner General.
Illegal Actions
On repeated occasions I was asked to do various things such as:
1) Settling taxpayer’s cases for meager sums that would have caused (sic) the country billions of dollars in lost revenue. I am prepared to provide a list of names at a later date.
2) Promote persons who did not have the requisite qualifications and who were acting for a considerable period, before they were suitably qualified
3) Promote persons in position who had QUESTIONABLE RECORDS of service, based on objective investigation conducted.
4) Rehire persons who were previously dismissed for corrupt practices. These persons have since been rehired, since I have departed GRA and I have been advised are in senior positions.
5) Turn a blind eye to taxpayer’s files including Minister Ramjattan’s being photocopied and taken out of the agency by a known person (the list of names I will be divulging at a later time)
With regards to these allegation which include the following; ‘Breach of my Oath of Office’, ‘Possession of Safe responsible for storing confidential tax payers’ documents’ and ‘back dating of benefits for myself, I wish to provide the following response.
“In relation to the back-dating of my pension plan to 2007, when I retired in 2011, I was advised by Prominent Lawyer, Ashton Chase and the Human Resources and the Legal Department of GRA can testified to this, that I was entitled to those benefits under the GRA’s contributory pension scheme.
Further this benefit was due to me from 2007 after I found out that I was entitled to those benefits .The reason why I was not claiming these benefits before is that the HR department never told me that I was entitled, even though other persons were receiving it.
After I got the approval from the HR department I went ahead and claimed my benefits. Ms. Roopnauth, the Director of Budget can attest to this. If this is so wrong why was the monies (sic) approved for payment?”
Lies
I further deny claims that I admitted to the Board, to divulging tax payers’ information to anyone. However, I do admit to the Board of giving information to the Diplomatic Head of Mission with information sought, given that it was diplomat’s information and not that of a taxpayer.
I do not agree that for the reasons given above that I admitted to the Board that I divulged taxpayers’ information. The information was to facilitate an audit by the embassy of its records and done in the best interest of safeguarding the integrity of the GRA system. It was also done to validate information received from a third party as we routinely do at GRA as part of their routine work when granting large amount of tax concessions according to the GRA’s SOP.
I wish to further state that the Head of the Mission wanted to know about his staff who was providing businesses with certification that were fraudulently obtained.
This staff is not a taxpayer and had the Board sought a proper explanation from me they would have been told that the diplomat visited my office and in my presence certified that his staff did or did not issue a fraudulent document from his Mission.
With regards to the claims by GRA Chairman, Rawle Lucas, earlier in the day, I wish to emphatically state that I never revealed taxpayer information to anyone. Those are all fabrications that I find most offensive and atrocious. This is most disgusting as I never admitted to the Board that I gave out taxpayer information.
I further wish to state that while at the Board meeting, I was put on the spot and I did not have an opportunity to explain the background. I do however admit that I was aware of the particular question and I responded in a manner that did not implicate me in revealing taxpayer information to anyone.
As a background of that situation, I did recall a month prior to the May 11, 2015 General Elections, a diplomat asked me to facilitate a probe that the foreign government had been conducting into one of its staff members. One of their staff is not a taxpayer of this country. That staff member had allegedly breached a very serious protocol and had given the GRA information on someone which should not have been the case and as such the Diplomat was asked by his government to investigate the matter.
Nothing at Home
I am of the belief that one of my former very senior GRA staff members, and who was suspended for one week afterwards for falsification of documents, later reported that interaction with the embassy official to either the Board or the Minister of Finance, Winston Jordan.
This particular individual, who was with me at the meeting I had with the embassy officials, whom I took deliberately to be a witness to what I was discussing with the Diplomat, would have appeared to have misled the Board or the politician in retaliation.
On the issue of the safe being at my home, my son was employed by GRA in the IT department, in a senior capacity and he was given responsibility for storing the tax agency’s data at another safe place offsite, a situation that the previous Board and government did not find offensive and distrustful, as a temporary measure.
However this storage of the data at my home was abandoned about five years ago. My home or the safe was no longer the repository of that information. I categorically state that the safe never had any data. I wish to state further that the infrastructure related to the backing up of the data has since been removed under the directive of the new GRA Board.
The use of the safe was discontinued years ago when a new back up site was created at another location but the safe continued to remain at my home to store my GRA weapon and ammunition up until recently.
In closing I am sadden (sic) by the fact that after serving the tax collection agency for decades and increasing revenues by 192 percent in 11 years, the GRA has a Chairman who appears to be operating in a highly questionable manner.
I have spent many years of dedicated service to the agency and the least I can expect is the Chairman to display some level of intellectual honesty towards me.
I have given appropriate direction to my lawyers so that they can act in my best interest. End.
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