It is wrong for Anil Nandlall to write on matters that are sub judice

May 25, 2017 Letters

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Dear Editor,
Investigators at the Special Organised Crime Unit (SOCU) ought to zero in on former President Donald Ramotar’s account regarding his role in the Commonwealth Law Books matter involving former Attorney General (AG), Anil Nandalall. This will be useful in determining whether the former President may be obstructionist or perverting the course of justice.
SOCU’s case against the former AG has attracted numerous innuendos, half-truths and omissions that may be vital in exonerating Mr. Nandlall or justifying the State’s action to prosecute him. While it may not be practical to bring charges against former President Ramotar, his account with relevant documented support, will not only set the public record straight but will also diffuse the speculations against SOCU in that process. It could put to end counter-blaming and accusations of witch-hunting levelled at SOCU. The public is reminded that investigative work by SOCU stemmed from direct findings of an independent forensic audit. SOCU did not pull the Law Books matter against Nandall out of a hat!
From knowledge within the Criminal Investigation Department (CID), not all matters require the Director of Public Prosecution (DPP)’s advice before it engages the Court. Advice is usually sought where legal culpability is vague. Sometimes it is also done to provide cover and cushion liability if things go wrong. These objectives can be nicely achieved without the current, unnecessary expensive cost of inordinate procrastination, and prevarication in filing charges by unofficially relying on or seeking the advice of state counsels until SOCU employs its own independent lawyer(s).
SOCU should be allowed to charge errant persons every week and put in place a system for case management, where the progress of charges can be monitored to ensure conviction. Every matter should be seen and understood clearly from start to end. The PPP has turned the case against Nandlall into one of a political contest in an apparent attempt to hoodwink gullible supporters. That party’s memories are long, bitter, unforgiving and vengeful. Since there is hardly much secrecy regarding whose current advocates and functionaries against crime and corruption are, those persons will inevitably graduate into being the subject of PPP vengeance and possible retaliation.
Former AG Nandlall was charged on April 27, 2017 for Larceny by Bailee of Commonwealth Law books. The Law books in question are (14 of) 15 Commonwealth Law Books/ Reports, paid for by the Ministry of Legal Affairs (with tax-payers money) to the tune of almost $2.5 Million from 2012 to 2015. The Law books were declared missing from the Legal Affairs Library when the APNU/AFC Government assumed office in May 2015. Subsequently, the former Attorney General Mr. Anil Nandlall declared that the 14 Law Books were in his possession. The fifteenth Law book, which was already paid for in March 2015, was received from the UK supplier in June 2016 and is now in rightful safe keeping of the Legal Affairs Library.
Controversy surrounding the custodian and ownership of those law books escalated after it became the subject of two main findings in the report of a Special Audit conducted by the Auditor General in January 2016. Section 18 of Store regulations of 1993 notes that “All goods purchased shall be taken to the store and shall be subject to store keeping procedures outlined in these regulations”. “The storekeeper shall make entries in the Goods Received Book in Form 4 and shall prepare goods received notes in Form 2, with appropriate remarks”
Based on a report from the Ministry of Legal Affairs, the Law books in question were not taken to the Stores nor subjected to the relevant storekeeping procedures. They were instead delivered directly to the former Attorney General Mr. Nandlall, in direct contravention of the Stores Regulations. Although the Law books were indisputably purchased with public funds, it must be noted that findings of the Special Audit altogether exposed an apparent breach in the payment procedure where the purchases were not done in accordance with such procedures governing the Fiscal Management Accountability Act of 2003. Such breaches raised suspicion that there may have been a collusion with, or circumvention of, the Head of the Budget Agency.
The Ministry of Legal Affairs in its February 2016 response to the Auditor General also noted that it has no evidence of this (Law books) agreement between former Attorney General Mr. Nandlall and former President Mr. Donald Ramotar. It was based on the foregoing that the matter was given Police attention. Police action further intensified after the breach of a gentleman’s agreement by the former Attorney General to return the Commonwealth Law books. SOCU then arrested Nandlall and criminal charges were then filed against him. While the matter against Mr. Nandlall is sub judice, he continues to write and make public pronouncements on the said matter liberally, something that is mind boggling from someone with his knowledge of jurisprudence. I trust that the sitting Magistrate and State Prosecutors will take note of this disreputable conduct.
Orette Cutting

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