Parliament yet to act on Ombudsman report into Maurice Arjoon saga

Mar 06, 2018 News

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It’s been

over three years since the matter was tabled in the National Assembly but the House is yet to debate the Ombudsman’s report into the matter involving former Chief Executive Officer (CEO) of New Building Society, (NBS), Maurice Arjoon.
Arjoon and two other managers were placed before the courts for allegedly defrauding the financial institution of $69 million. The charges against the men were subsequently dismissed for want of evidence.
Arjoon then moved to file a lawsuit against the Institution for termination of service and payments due by NBS, including pension. Judge Brassington Reynolds ruled on Mr Arjoon’s case last July, but NBS appealed. The bank filed a stay in the court of appeal.
In 2014, Arjoon filed a complaint with Ombudsman, Justice Winston Moore. The Ombudsman’s report concluded that police wrongly charged the former CEO and two of his managers for fraud. The Ombudsman forwarded his report to Parliament in November 2014. The matter was tabled in the National Assembly since June 2015 but the conclusion appears to be nowhere in sight; the parliamentary debates are yet to be placed on the agenda for debates.
Clerk of the National Assembly, Sherlock Isaacs had explained that the Speaker of the National Assembly, Dr Barton Scotland, had expected to determine whether the issue is sub judice (under judicial consideration and therefore prohibited from public discussion elsewhere) since Arjoon ‘s case was yet to be determined by the court.
However, those close to the matter are contending that the matter is not sub-judice at all since the Ombudsman’s report does not deal with the civil matter, which is before the court but rather the wrongdoing by those in Public Office. Towards that end, the affected parties are seeking an investigation into the wrongdoings of public officials.
The Ombudsman’s report cleared the three managers, and questioned how investigators recommended charges when there was clearly no evidence in the police file.
Justice Moore noted in his findings that the standard required for conviction of a criminal offence is proof beyond a reasonable doubt for every element of the offence – the acts as well as the mental ingredients. “The missing exhibit indicates interference that was highly irregular. The fact that this document was removed from the Police file is not surprising.” “Without intending any disrespect to anyone, I would state that carelessness; most species of negligence, foolhardiness or even stupidity are not the standard of proof of guilt for a criminal offence. I do not hereby state any finding or conclusion that anyone at the NBS should be blamed for any of these.”
Justice Moore had opined that he can only observe that persons who hold high political offices, and are burdened with weighty affairs of state, who are only human after all, need to be very careful what they say in expressing frustration in the presence of subordinates.
“Underlings sometimes improperly invoke the name or office of the powerful when they seek to oppress others.
He noted that Dr. Ashni Singh, former Minister of Finance, failed to comment on the allegation by Mr. Arjoon that he deliberately suppressed the Bank of Guyana Report.
Added to that, Justice Moore that the rush to the conclusion that the three top managers had orchestrated a massive fraud from the account of a depositor with their own organisation, is an area that angels would fear to tread, not to mention that Mr. Arjoon, the CEO was six months away from retirement.
“The humiliation and trauma suffered by these persons and their families must have taken a toll on their health, not to mention the effects of these events on the morale of the NBS staff.”
The Ombudsman said, “I have no jurisdiction to pronounce on the action of the NBS Board in firing the managers and I therefore refrain from any comment.”
In his complaint Arjoon, said that at the time of the “trumped up charges”, he was six months away from retirement, which would have entitled him to receive a lucrative monthly pension and substantial benefits.
Arjoon believed that an independent investigation would have revealed that persons from the Central Islamic Organisation of Guyana (CIOG), and the Director of Public Prosecution, Shalimar Ali-Hack, did not want to take action against the real perpetrators of the fraud.
The reasons were simple.
Arjoon had noted that while NBS is supposed to be a private company, it is run by persons aligned to the Government and or the CIOG.
It was punishment for “certain decisions and/or recommendations I made in the interest of the NBS but were deemed unfavourable to the President of Guyana and certain Directors of the NBS.” The President back in 2006-2007 was Bharrat Jagdeo and the Government had been seeking monies to finance the construction of a bridge across the Berbice River.
Jagdeo‘s request for $1 billion to fund the Berbice Bridge was refused by Arjoon. It was shortly after that the Managers faced charges for fraud.

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