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Prime Minister adds voice to Arjoon/NBS court case
Prime Minister Moses Nagamootoo is the most recent official to add his voice to issues surrounding the Maurice Arjoon versus New Building Society, (NBS) court matter. Arjoon‘s case has been engaging the attention of the court since 2011.
Former CEO of NBS Maurice Arjoon
The matter ended last October but to date no ruling has been handed down by the court.
A lawsuit was filed by the former Chief Executive Officer, (CEO) of NBS over wrongful dismissal from the financial institution.
The case was presided over by Justice Brassington Reynolds. Justice Reynolds had scheduled a ruling for November 29, 2016.
Since then, no new date has been rescheduled by the Court for a ruling in matter.
Prime Nagamootoo, the most recent voice on the matter, noted his eagerness to see an end to the Maurice Arjoon saga.
Nagamootoo stressed that while the court has its work to do decisions should be handed down in timely manner, because justice delayed is justice denied. It‘s an old maxim but it can be applied in this context.”
The Prime Minister said that justice should be done to Maurice Arjoon. “This is a man who sought relief through the court on (allegations) that an injustice was done to him in the executive sector. The matter has been ongoing for so long. What makes the situation worse is the fact that he (Arjoon) is sick.”
Nagamootoo stressed, too, that in addition, a report by the late Ombudsman, Justice Winston Moore tabled in the National Assembly is awaiting the court’s decision.
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 matter was taken to the National Assembly where it was laid, but has been at a standstill.”
Additionally, Clerk of the National Assembly Sherlock Isaacs noted that the House is still awaiting the court decision before it can determine a way forward on the issue.
It was explained that the Speaker of the House advised that the House 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.
But after more than six years in the courts, a decision in the matter involving Arjoon for wrongful termination is still to be handed down.
Contacted recently, Mr. Arjoon, who is currently ailing, was reluctant to comment. He 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.”
Justice Reynolds, who presided over the civil proceedings, is currently on assignment in Essequibo.
Arjoon‘s matter dates back to 2007, when he 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. Arjoon had initially claimed that he was framed after he refused to endorse the illegal lending of $2B, in 2006.
That matter was dismissed for lack of evidence.
Back 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.
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