GRDB fraud case…SOCU hands over audit report to defendant

Jun 12, 2018 News

The forensic audit report which is the subject of a court matter involving ex-Guyana Rice Development Board, (GRDB) Head, Madanlall Ramraj has been produced.
When the court met on June 5, Justice Navindra Singh ordered that the Special Organised Crime Unit hand over the forensic audit report prepared by Accountant Nigel Hinds to Ramraj or his attorney.
Ramraj, a former Deputy General of GRDB and People’s Progressive Party Civic (PPP/C) member, was arraigned on 34 fraud-related charges.
He was charged jointly with GRDB General Manager Jagnarine Singh and Peter Ramcharran, a former accountant, who is in custody in Canada, pending extradition.

Solicitor General: Kim Kyte

Attorney-at-law
Anil Nandlall

However, through his team of lawyers, which includes former Attorney General,( Nandlall), Ramraj approached the High Court seeking a declaration that the failure of the Prosecution to disclose a copy of the forensic audit report on the GRDB prepared by Nigel Hinds, a Forensic Auditor.
The report formed the basis for certain investigations launched by the Special Organised Crime Unit (SOCU) against him, he said. He added that it constitutes a violation of Article 144 of the Constitution of Guyana, more particularly, the right of the Applicant to be afforded facilities for the preparation of his defence and other protections of the law secured under and guaranteed by the said Article 144.
The applicant also sought orders for a permanent stay of proceedings, or an order quashing, vacating or setting aside the charges of Fraudulent Omission, contrary to Section 104 of the Criminal Law Offences Act, Chapter 8.
Last week, the matter came up before Justice Navindra Singh. The Judge gave the State five days to produce the forensic audit report.
Nandlall, who reportedly displayed a copy of the report, told the media yesterday that the forensic audit report produced on behalf of the State does not satisfy the grounds for a permanent stay of court proceedings against Ramraj.
He claimed that 98 percent of the document containing 160 pages, served on him on Friday was redacted (blacked out) by some instrument, which rendered the document “unreadable and indecipherable.”
The lawyer said, too, that he sought the opinion of the Judge on whether the document amounts to compliance of the order.
“On Monday, the 11th day of June, 2018, at approximately 9:00am, out of deference to the Honourable Justice Navindra Singh and for clarification purposes, I showed the said document to the Judge and inquired respectfully, whether the said document was in compliance with His Honour’s order made on the 5th day of June, 2018.
“The Judge, in the presence of a State Counsel from the Attorney General’s Chambers, examined the said document and expressed the opinion that the same does not comply with his Order and therefore the criminal charges against Mr. Ramraj remain permanently stayed.
He lied. There was no hearing on the matter, yesterday.
But, the AG chambers in a statement yesterday confirmed that Nandlall lied.
The Chambers explained that Nandlall was present yesterday in the chambers of Justice Navindra Singh but for two other matters.
At the conclusion of the first matter, Mr. Nandlall reportedly sought to engage the Judge on the Ramraj case.
“After raising it, the Honourable Justice Navindra Singh correctly cautioned Mr. Nandlall that the said matter was concluded, had no return date, was not listed and if he, Nandlall had any issues with the purported ‘non-compliance’, he should properly approach the court for an order for directions.”
“State Counsel, Collene Liverpool, was present in court for the other matters with Mr. Nandlall when in her presence the Judge reprimanded Mr. Nandlall for approaching him on this manner.
“The Judge made no order on the 11th June, 2018 staying the fraud charges against former GRDP Deputy General Manager, Madanlall Ramraj. The Attorney General Chambers in the strongest terms refutes these allegations,” the AG chambers added.
In a subsequent statement, Solicitor General, Kim Kyte also refuted Nandlall’s claim.
According to her, the matter was not scheduled for hearing before any court, yesterday. Kyte explained the forensic audit report was handed over to Nandlall on Friday as requested by the Court.
However, the S.G. explained that parts of the report were blacked out since they were not relevant to the case against Ramraj.
“Those parts contained other people’s names and do not concern the case against Ramraj.”
Further, she noted that State complied with the order by producing the report.
“This was an issue raised in Magistrates’ Court; the High Court basically enforced the order of the Magistrates’ Court,” she said.