Latest update November 8th, 2024 1:00 AM
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US$425M Govt. court settlements…Former AG Nandlall failed miserably to prosecute State cases – Harmon
Former Attorney General, Anil Nandlall
Minister of State Joseph Harmon yesterday defended the decision by the coalition government to settle several court cases against the State as necessary, because of the failure of the former Attorney General, Anil Nandlall, to prosecute.
Harmon told a press conference that the cases were so badly handled by the previous People’s Progressive Party (PPP) administration that the State could not have them reversed at the appeal stage.
The Cabinet spokesman explained that the cases were brought to Cabinet which then gave approval for the Attorney General, Basil Williams, to pursue with settlement.
“The root cause of these problems started in the administration of the PPP. Mr. Nandlall as the
Attorney General, Basil Williams
Attorney General failed miserably to prosecute these matters on behalf of the state,” Harmon explained.
On Thursday, Opposition Leader Bharrat Jagdeo estimated that the treasury has lost $85 billion (US$425) through the decisions of the Attorney General’s Chambers to settle ‘winnable’ court cases, some of which have been pending for several years.
Further, Jagdeo suggested that the settlements could open the door to corrupt practices in the form of kickbacks.
“I wonder if people are benefiting financially from all of these settlements by claiming lack of knowledge? I am just saying I wonder. I probably should say I am confident, but I am saying I wonder now if it is a conduit for corrupt activities; these big judgments,” Jagdeo stated.
Although the cases continue to cost the state billions, it wasn’t until recently that the Attorney General’s Chambers made the critical decisions to take control of all the existing court cases against the State by placing an advertisement in the local newspaper.
The Advertisement read, “The Attorney General’s Chambers hereby requests that all Attorneys-at-law in receipt/possession and/or making representations on or behalf of the Chambers not authorized by the current Attorney General, do immediately notify the Chambers of the said matters. You are asked to give a written report to the Honourable Attorney General and Minister of Legal Affairs, Basil Williams S.C M.P regarding the status of each case for which you have conducted…”
The State paid several billions of dollars out as a result of in and out-of-court settlements. Most of these cases were inherited from the previous People’s Progressive Party (PPP) administration. But in most instances, it is either that the government loses the case or decides to settle even before it goes to court.
The most recent case that surfaced publicly was the out-of-court settlement with Guyana Tractor Equipment, causing the State to pay $226M. Jagdeo cited the settlement with Demerara Distillers Limited (DDL) which he said cost the state about $80B.
Last month the court ordered Government to pay Toolsie Persaud Limited (TPL) $1.7B in damages.
Harmon stated that the cases which were settled were decided by the court.
“I believe that at the appropriate time, when the Attorney General makes a full statement of these matters, we will recognize the deep hole the PPP has put us in this country. We are doing our best to keep this country on a level keel, but every single day you are faced with some ignorance or some nonsense done by the previous administration that you have to deal with now,” Harmon expressed.
He said that when the court makes a decision the Government abides by the rule of law, and as such cannot deny the payments.
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