Chief Justice to rule on legality of charges against Singh, Brassington

May 26, 2018 News

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Acting Chief Justice Roxane George on July 30 is likely to rule on a Fixed Date Application—filed by former Minister of Finance Dr. Ashni Singh and former head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington—challenging the legality of criminal charges levied against them for alleged misconduct in public office.
It was on May 8, last, that the Special Organized Crime Unit (SOCU), an arm of the Guyana Police Force, filed charges of Misconduct in Public Office against the two former high ranking government officials, over the sale of three tracts of state lands on the East Coast of Demerara without due regard for valuation.
Dr. Singh and Brassington were arraigned before Chief Magistrate Ann McLennan who read the charges to them.
They were, however, not required to enter pleas after SOCU Prosecutor Trenton Lake, disclosed that investigations are still ongoing, and additional charges are likely to be instituted against them.
Nevertheless, Dr. Singh and Brassington were ordered to post bail in the sum of $6M each, which they did, and are not expected back in court until June 5.
A few days later, Former Attorney General Anil Nandlall, who is among the battery of lawyers representing the men, moved to the High Court, where he filed a Fixed Date Application challenging the legality of the charges.
Last week, Justice Franklyn Holder handed down a ruling at the High Court in Georgetown which has temporarily halted the criminal proceedings in the magistrates’ court, pending the hearing and determination of the application to throw out the charges before the Acting Chief Justice.
Commenting on the stay granted by Justice Holder, Nandlall and Solicitor General Kim Kyte had told reporters that the judge put a hold on the proceedings in the lower court because he did not want the matter before the Chief Magistrate to be ongoing while the Acting Chief Justice is still hearing the Fixed Date Application.
When the Fixed Date Application came up yesterday it was basically for case management.
Nandlall and Kyte were given specific deadlines to file certain legal documents.
For example, Nandlall was given until June 15, to file an affidavit in response to one filed by the Solicitor General. Nandlall was also given until June 29, to file written submissions to which the Solicitor General has to respond by July 16. The matter does not come up again until July 30, for clarification and/or ruling by the Acting Chief Justice.
Among other requests in the Fixed Date Application, the applicants are seeking to secure an Order or Writ of Certiorari to be issued quashing the charges against them in the lower court.
On the grounds which the application was made is that the charges, which are contrary to common law, are an abuse of process, malicious, biased, capricious, arbitrary, without proper evidential basis, made in bad faith, unreasonable, discriminatory, unlawful, and influenced by irrelevant and improper considerations and motives, null, void and of no effect.

The Solicitor General has argued extensively that the Director of Public Prosecutions (DPP) Shalimar Ali-Hack was within her power to institute the charges. The Solicitor General is positive that the application to have the criminal charges quashed has no realistic prospect of success.
The Solicitor General is contending that lawyers for the defendants cannot establish any malfeasance, or that the DPP acted in bad faith or any exceptional circumstances or that the charges are bad in law.
“We have argued extensively that the charge is very good in law. It’s a common law charge and it is provided for under the laws of Guyana,” Kyte emphasized.
According to the first charge, Dr. Singh as Minister of Finance, and Brassington 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.
A similar charge stated that Dr. Singh and 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. 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, Pattensen 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.

 

 

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