High Court commences hearing application to block charges against Singh, Brassington

May 03, 2018 News

Ex-Finance Minister Ashni Singh.

The High Court has commenced hearing an application to stay the Magistrates’ Court proceedings filed against former Finance Minister Dr. Ashni Singh and former Chief Executive Officer (CEO) of National Industrial and Commercial Investment Limited, (NICIL), Winston Brassington.
Last month, the Special Organised Crime Unit, (SOCU), of the Guyana Police Force completed its Pradoville Two investigation and moved to institute charges against the former public officials.
The two were jointly slapped with three charges for misconduct in public office as it relates to the sale of three plots of state land while employed by the previous government.
However, Attorney-at-law and Former Attorney General attached to the previous administration, Anil Nandlall, moved to the High Court to block the proceedings.
Nandlall and his team approached the High Court to challenge the validity of the charges and for an interim stay of the proceedings. The application came up before Justice Franklyn Holder at the Georgetown Supreme Court yesterday. During a private hearing of the application, the battery of lawyers representing both Singh and Brassington along with lawyers from the Attorney General’s Chambers who represented SOCU, presented their initial arguments before Justice Holder.
Nandlall noted that the Court has granted time for attorneys from both sides to submit arguments as these relate to the application.
“We had filed proceedings in the court challenging the legality and validity of the charges but that would take some time to determine. But while we await the outcome of that substantive matter; in the meanwhile, we want an interim order to stay the hands of the Magistrate from going forward.”
The former Attorney General noted nonetheless that the Court is in the process of hearing the application for the interim order to stay proceedings.

Winston Brassington

“Time is of the essence…The matter has been adjourned to May 16 for us to address the Court on the law as to whether the interim should be granted.”
Solicitor General, Kim Kyte, noted that since the Court has denied the application for the interim stay of the proceedings in Magistrate’s Court at this stage of the proceedings, “the Magistrate can proceed to hear the matter.”
After months of investigations, SOCU moved to institute charges against the former officials.
According to the first charge, Singh, was charged for being and performing duties of Minister of Finance, and Brassington was charged for being and performing duties as the Chief Executive of NICIL on May 14, 2011 at Lot 126 Barrack Street, Kingston, Georgetown, sold a tract of land, being a portion 10.002 acres of Plantation Turkeyen, East Coast of Demerara, property of the State of Guyana for the sum of $185,037,000, without first having procured a valuation of the said property from a competent valuation officer.
It is further alleged that Dr. Ashni Singh, and Winston Brassington on December 30, 2008 at Lot 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase without due diligence, sold to Scady Business Corporation, a 4.7 acres tract portion of Plantation Liliendaal, East Coast Demerara, for $150M knowing that the said property was valued at $340M by Rodrigues Architects Associate, a competent valuation officer.
The last allegation against the two stated that Dr. Ashni Singh, and Brassington on December 28, 2009 at 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase, acted recklessly when they sold to National Hardware Guyana Limited, a tract of land at Plantation Liliendaal, Pattenson and Turkeyen, situated on the East Coast of Demerara, being 103 acres, being property of the State of Guyana for the sum of $598,659,398 (VAT exclusive) without first having procured a valuation of the said property from a competent valuation officer.
The matter was called before Chief Magistrate Ann McLennan in the Georgetown Magistrates’ Courts.