Latest update January 17th, 2025 6:30 AM
Court still to hand down decision in NBS wrongful dismissal case
After more than six years in the courts, a decision in the matter involving former Chief Executive
Former CEO, Maurice Arjoon
Officer, (CEO) of the New Building Society Limited (NBS), Maurice Arjoon, for wrongful termination is still to be handed down.
The matter which was heard before Justice Brassington Reynolds at the Georgetown High Court was set for decision several months ago.
After a lengthy trial, November 29, 2016 was the date set for the ruling by the court. However it has been almost eight months since that date and no ruling has been given by the Court.
Several checks revealed that the Court is yet to send out notices on a new date for a decision.
While the matter remains on the judicial waiting list for decision, the former CEO has been anxiously awaiting the outcome of the widely publicized case.
When contacted yesterday, Mr. Arjoon, who is currently ailing, was reluctant to comment. But given the current status of the case, the former Manager nonetheless asserted, “My family and I have endured so much suffering during the past decade hoping for justice. I recently lost my son who was also very traumatized by this matter.”
“I hope I receive justice during my lifetime and not posthumously,” he added, noting that the date for decision was scheduled eight months ago.
Chapter 3:13 of Laws of Guyana prescribes that “a judge who presides at the trial of a civil case shall give a written or oral decision and reason for the decision at the conclusion of the hearing of the case or as soon as possible after the conclusion of the hearing but not later than one hundred and twenty days (approximately four months) from the date of the conclusion of the hearing.”
“Failure to give decisions within the time limit, Judges may apply for an extension of time by writing to the Chancellor, within no less than twenty one days before the expiration of the specified time limit”.
However, although no date has been fixed for the ruling in the Maurice Arjoon versus NBS matter,
Justice Brassington Reynolds
Kaieteur News was informed that the case will likely receive some attention in the coming months since Justice Reynolds, who presided over the civil proceedings, is currently on assignment in Essequibo.
Back in 2007, Arjoon was accused of conspiracy to defraud the NBS of $69M. He was charged along with Kissoon Baldeo, 38, of 86 Zeeburg, West Coast Demerara (Assistant Mortgage Manager of NBS) and Kent Vincent of 1247 Canje Pheasant Lane, South Ruimveldt (Operations Manager). They had faced a trial in the Magistrates’ Court.
The matter was later dismissed after the main witnesses in the trial stopped attending court.
But in 2011, Arjoon of 1-2 La Fleur Road, Eccles, filed a lawsuit in the High Court against the financial institution, noting that he was on the verge of retiring when the charges were instituted and he was dismissed from NBS, losing his pension and other benefits.
The former CEO had therefore sued the financial institution for wrongful dismissal and for withholding of Pension.
Arjoon had also claimed that he was framed after he refused to endorse the illegal lending of $2B, in 2006.
A report by the Office of the Ombudsman, concluded in November 2014, stated that the police wrongfully charged the former Chief Executive Officer (CEO) and two of his managers for the $69M fraud at the New Building Society, in 2006.
The report recommended that the men be compensated for losing seven years of their lives. That Ombudsman has since died.
The matter was taken to the National Assembly where it was laid, but has been at a standstill.
Contacted recently for an update on the status, Clerk of the National Assembly Sherlock Isaacs noted that the National Assembly is still awaiting the court decision before it can determine a way forward on the issue.
Prime Minister Moses Nagamootoo had explained that the Speaker of the House advised that the House should be mindful of the sub judice rule, which states that once a matter is engaging the attention of the court, it could not be ventilated in the Assembly.
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