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Aug 06, 2018 News
Attorney- at -law and PPP Executive, Anil Nandlall is accusing Attorney General, (AG) Basil Williams of using his political position to influence the decision of an independent constitutional agency.
Nandlall noted that in a statement in another section of the media, the AG admitted that it was representation through his office that prevented the private charges laid against Ministers of Government from continuing.
According to an August, 5, 2018 edition of the Guyana Chronicle, Williams, in speaking of his accomplishments as AG, cited the case where attempts were made by the PPP to have private charges laid against Ministers Volda Lawerence, Dr. George Norton, David Patterson, Rupert Roopnarine and Winston Jordan.
“He said it was representation through his office that prevented the private charges from continuing against them.”
In April, the Director of Public Prosecutions (DPP) Shalimar Ali-Hack discontinued private criminal charges of misconduct in public office filed against Government Ministers citing her authority under Article 187 (1) (c) of Guyana’s Constitution.
However, Nandlall believes that the AG ‘s public admission that his office played a role in the charges being dropped, represents crass disrespect for the constitution and the independent organs of the State, since the Office of the DPP is a constitutional creation, which enjoys institutional independence and functional autonomy.
That autonomy is captured by the language of Article 187 (4), which provides “in the exercise of the powers conferred upon him or her by this article the Director shall not be subject to the direction or control of any other person or authority.”
Nandlall concludes that there is an unassailable admission by the AG of political interference with an independent constitutional agency.
He noted therefore “in most democratic countries, this admission would be the basis of a resignation.”
Earlier this year, the DPP discontinued the private charges against the government ministers while noting that the charges were of grave issue of concern in relation to two serving Ministers.
“In the interest of good governance in the State of Guyana such allegations ought first to have been reported to the Guyana Police Force for an investigation to be launched and the advice of the DPP sought.”
The charges for “misconduct in public office contrary to the common law” were filed by PPP Parliamentarians Juan Edghill and Vickram Bharrat.
In the first two court filings, Norton, in June 2016, while serving as Minister of Public Health, authorized the rental of a Sussex Street, Albouystown property for the purposes of a drug bond, from Linden Holdings Incorporated, for $12.5M per month.
Norton had come under immense public pressure. He was part of a Cabinet reshuffle that saw him being reassigned to the post of Minister of Social Cohesion. He subsequently received the additional appointment as Minister of Culture, Youth and Sport.
Lawrence, who was appointed Public Health Minister, is accused of the unapproved single-sourcing of $605.9M in drugs and medical supplies from Ansa McAl Trading Ltd. for the Georgetown Public Hospital Corporation (GPHC) between January and February, 2017.
The charges against the two ministers came exactly one week after identical charges were filed by the Special Organised Crime Unit (SOCU) against Dr. Ashni Singh, former Minister of Finance, and Mr. Winston Brassington, the former head of National Industrial and Commercial Investments Limited (NICIL).
Back then, Williams condemned the actions of the Opposition party.
“The Office of the D.P.P is invested with powers of quality control over all prosecutions in Guyana and has a proactive duty to patrol the corridors of justice to ensure her domain is not polluted by jaundiced interlopers.”
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