18 months later… SARU still confined to straitjacket

Dec 29, 2016 News

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-Passage of legislation put off until next year – CEO
By Kiana Wilburg
The desire of the State Asset Recovery Unit (SARU) to take down corruption remains alive. But

without legislation, this department of the Ministry of the Presidency remains confined to a straitjacket.
This is according to SARU’s CEO, Major (Rtd) Aubrey Heath-Retemyer.
Providing an update on the Bill, the SARU CEO said, “We are of the understanding that plans are still on course for it. But we have done our part.”
He recalled that there were a number of concerns raised by the Private Sector and those were addressed in a most comprehensive manner by SARU Officials.
The Chief Executive Officer said that there were also some concerns expressed by the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, to the effect that the Bill makes a demand on her to comply with instructions of SARU when it becomes an agency, thereby diluting and compromising the constitutional powers and role of her office.
Heath-Retemeyer said that those fears were abated after further discussions between SARU and the DPP.
With regard to the Bill and the process for its passage in the National Assembly, the SARU CEO said, “When we last spoke to the Attorney General, Basil Williams, we were given the assurance that by early next year , it would be read in the House.”
He confirmed that the Bill has been with the AG’s Chambers months ago, before October in fact.
Heath-Retemyer said, “It was passed on to his office months ago and we were assured that he had everything that he needed. We were hoping it would have been read since October, but I believe that there were matters that the AG needed to have clarified. This was only communicated to us until recently. We did clarify those and we have the assurance that the Bill should be before the House some time next year.”
The SARU CEO said that he is concerned with the manner in which the Bill is being handled.
He said, “SARU remains in a straitjacket. And yes, it concerns me, because the longer we wait the more people will think that the government is not serious about addressing asset recovery, or corruption, or those damning forensic audits.”

Be that as it may, Heath-Retemyer said that the Attorney General has told SARU “that he is not dodging us, but that he is resolute about getting this Bill passed. He had other issues he had to attend to.”
The head of SARU, Dr. Clive Thomas has on numerous occasions, spoken to the importance for attention to be placed on recovering stolen public assets.
He said that the “rampant corruption under the 23-year rule of the People’s Progressive Party/Civic (PPP/C)” should not be ignored. Dr. Thomas stated that any new government pursuing good governance would seek to recover the nation’s assets, which were mismanaged in “some of the most despicable and corrupt ways.”
He had said, “A clear line must be drawn against past illicit/corrupt behaviour in order to prevent their future repetition.”
He asserted that the corruption that has been taking place in Guyana can be deemed public and not private, because it is based on fraudulent public procurements contracts; illegal capital flows, particularly illicit mis-invoicing of exports and imports and illicit financial transactions; and an underground economy that is driven principally by criminal endeavours and the evasion of taxes.
Dr. Thomas believes that the new administration can make bountiful gains by eradicating certain practices. The economist projected that the APNU+AFC government could rake in a $21B in total revenues once illicit siphoning off practices are halted.
Professor Thomas also said that those who held authority over state assets under the previous administration will be subject to “rigourous” audits, preparations for which are already underway.

The Economist said that this comes in light of the “hundreds upon hundreds of complaints” that come in on a daily basis to the Asset Recovery Unit regarding individuals who held high office and abused or allegedly stole state assets.
Dr. Thomas said that by all legal means necessary, his entity’s mandate to return or regain what rightfully belongs to the state, will be achieved.
He noted that under the previous regime, the assets of the state were “misused and in some cases stolen in unconscionable ways.” He said that he will make it his duty to see that due process is followed and that justice is served.
The Head of the Asset Recovery Unit stated, “I cannot begin to tell you the amount of complaints we get on a daily basis on persons under the previous government who abused assets of the state and in some cases, the evidence would strongly suggest that they stole it for their own benefit or the benefit of a third party. So we have our job cut out for us.”
He noted however that in order for this to be done, the entity must be legally empowered to prosecute and this comes from having its own legislation.

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