Dismantling of the Constitution and Rule of Law

Jul 31, 2016 Letters

---

Dear Editor,
Editor’s note: This is the conclusion of Mr. Nandlall’s letter which first appeared in yesterday’s edition.
The Coalition Government, over the last year, has embarked upon a deliberate and centrally orchestrated course of action to persecute and which-hunt ministers and officials of the PPPC administration in order to prove that their widespread public allegations of corruption. However, they need the blind loyalty of the aforementioned institutions in order to succeed. Thus far, apparently, they have been unable to penetrate the cloak of independence which the aforesaid institutions enjoy. In consequence, we are witnessing a clear and consistent strategy to avoid the engagement of these institutions as they continue to pursue their vindictive agenda.
Not satisfied with the Auditor General’s Reports over the last several years, the regime, in violation of the Constitution and the Audit Act, simply shoved aside the Audit Office, handpicked over a dozen auditors, most of them being their allies and cronies and are paying them hundreds of millions of dollars to do “forensic audits”. Still, these audits are unable to unearth the type of evidence which they seek, although, the most unconventional methods are being employed by some of these Auditors.
Dozens of files have been sent to the Police Force and to the Director of Public Prosecutions with firm instructions to investigate and charge. Again, the response from the Police and the DPP has been disappointing to those who have already sharpened their political hatchets. The situation is exacerbated by every passing day because it results in considerable damage to their credibility. After all, they have intoxicated their supporters with the propaganda that the PPP administration is guilty of massive corruption in office but after one year in complete control of the government and State machinery, they are unable to prefer charges.
Not being able to exert the type of pressure and influence over the Police Force and the DPP as they would like, because of the constitutional and institutional insulations to which I have referred above, greater reliance is now being placed upon SARU and SOCU, two organizations that are politically staffed and directed to conduct investigations with the hope that they can find or I dare say, manufacture the required evidence. Still yet the desired results are not forthcoming.
In the meanwhile, the crescendo of frustration and desperation continues to build. As a result, laws and protocols are being drafted to strengthen and enlarge the powers of SARU and SOCU. Recently, there has been an expressed intention to establish “a Special Prosecutors’ Office”. The obvious objective is to circumvent the DPP or at least to emasculate that office of the autonomy and independence guaranteed to it by the Constitution. I have no doubt that we will soon hear about the establishment of “Special Courts” where these charges will be heard and determined.
Let me now make the picture clearer: the Government is handpicking its own auditors and directing them who, what, how and where to audit; when these audit reports are completed, they are then sent to two political outfits masquerading as law enforcement agencies, SARU and SOCU, which are being directed who and what to investigate; and when these investigations are concluded, the findings will be sent to a Special Prosecutors Office for legal advice. This will be an office that will be staffed by the Government with its cronies. Charges will be instituted and will be prosecuted by persons from this politically tainted unit. These charges will be heard and determined by the “Special Courts” which I anticipate will be established and which will be presided over by magistrates in whom the Government resides great confidence. That the decisions will be perverse, I am in no doubt.
In conclusion, the Constitution and the rule of law are under siege. Authoritarianism is building a formidable foundation. Today, the target is the PPP’s leadership and its supporters. Tomorrow’s victim will be you. It is the natural evolution of a dictatorship.
Mohabir Anil Nandlall
MP (PPP)
Attorney-at-Law

Editor’s note: We are of the opinion that the forensic audits have revealed financial irregularities that in other countries would have resulted in prosecution. Furthermore, we believe that the Government is treading carefully and cautiously in the pursuit on incontrovertible evidence, some of which we think have already made its way into the public domain through the forensic audits. One must question how objective would be the analysis of a senior former minister of a government that is being investigated for corruption and financial illegalities. We believe that when all the dimensions of a story of a certain public servant whose bank holdings run into billions are made public, it is going to shock all Guyanese maybe except those politicians he was laundering the money for.

---

---