High Court stay of Singh, Brassington cases …. Discrepancy with case dockets causes Magistrate to seek clarification

Jul 27, 2018 News

Ex-Finance Minister, Dr. Ashni Singh

Chief Magistrate Ann McLennan yesterday raised concerns in the Misconduct in Public Office matters against Former Finance Minister, Dr. Ashni Singh and former head of National Industries and Commercial Investments Limited (NICIL) Winston Brassington. The source of the Magistrate’s concerns was related to numbering of case dockets.

This is one week after Acting Chief Justice Roxane George ordered the Magistrate to put a hold on the criminal proceedings against the two who are jointly charged in connection with wrongdoing in the Sanata Textiles Complex deal with Queens Atlantic Investment Inc.

Yesterday when the matter was called in the Chief Magistrates’ courtroom, the court orderly called the defendants’ names thrice and no one appeared or answered to the names.

The Magistrate then enquired about the defendants’ whereabouts and Attorney-at-law Ronald Burch-Smith told the court that his clients are out of the jurisdiction. He added that the two men did not see it necessary to attend court since they were granted a stay in all four matters.

Magistrate McLennan, after perusing the case dockets, indicated that the dockets that she had in her possession did not correspond with the stay granted by Acting Chief Justice Roxane George.

She then enquired of Special Organized Crime Unit (SOCU) Prosecutor, Lawrence Harris, if the number on the case dockets that he had, corresponded with those of the case dockets in the Magistrates’ Courts, and he replied in the negative.

The Magistrate then instructed the Prosecutor to clarify the discrepancy in relation to the docket numbers and report to her on September 3.

The application of stay that is being questioned by the Magistrate is in relation to case docket number 7767 of 2018 which was granted by the Chief Justice Roxane George.

Former NICL Head, Winston Brassington

This is in relation to the most recent case in which Brassington and Singh are jointly charged for acting recklessly by selling to Queens Atlantic Investment Inc, Sanata Texiles Complex, which was valued at the sum of $1,042,403,500.00.

The other case dockets are in relation to the three previous charges – in case dockets 4915/4916 of 2018, 4917/4918 of 2018 and 4919/4920 of 2018. Those proceedings were stayed by way of interim injunction made by Justice Franklyn Holder.

It is alleged that “Dr. Ashni Singh, being and performing duties of Minister of Finance, and Chairman of the National Industrial and Commercial Investments Limited, a company owned by the Government; and Brassington, being and performing duties as the Chief Executive Officer of NICIL, a company owned by the Government, between October 26, 2010 and December 20, 2010 at Lot 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase, acted recklessly when they sold to Queens Atlantic Investment Inc, Sanata Texiles Complex, with building and erections thereon, that is to say, Parcel 4702, Part of Plantation Ruimveldt, situated on the East Bank Demerara, being 18.871 acres, at $697,864,800.00 plus VAT, knowing that the said property was valued at the sum of $1,042,403,500.00, and was therefore being sold at a price that was grossly undervalued, thereby creating a breach of their duties”.

The two men who are already facing three charges of Misconduct in Public Office are currently on $6M bail each. They have not yet appeared before the Chief Magistrate for the fourth charge to be read to them.

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