Challenge over legality of criminal charges… Ashni Singh, Brassingston were rubber stamps in sale of state lands – Lawyers

Sep 29, 2018 News

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Former Finance Minister, Dr. Ashni Singh and former Head of National Industrial and Commercial Investment Limited, (NICIL) Winston Brassington, merely acted on the instructions of an Executive Cabinet in the sale of prime State lands.
Lawyers, Anil Nandlall and Ronald Burch-Smith raised this contention as they made oral submissions before Chief Justice (Ag) Roxane George yesterday. The lawyers are challenging the legality of the Misconduct In Public Office charges against Singh and Brassington.
The charges were instituted by Singh and Brassington earlier this year.
Their lawyers have argued that the decision to charge the men for the offence of ‘Misconduct in Public Office’ contrary to common law is an abuse of process, malicious, biased, capricious, arbitrary, and without proper evidential basis.
Further, the lawyers said the charges were made in bad faith, unreasonable, discriminatory, unlawful, and influenced by irrelevant and improper considerations and motives, null, void, and of no effect.
In his arguments yesterday, Nandlall noted that while the charges implicate Singh and Brassington for the sale of lands at Pradoville, there is nothing in the file to substantiate the claims.
“Neither Dr Singh nor Mr. Brassington sold anything. It was NICIL that sold it,” the lawyer said adding that the men were merely acting on decisions made by an Executive Cabinet.
Nandlall noted too that there is no evidence to show that the men personally benefitted from the sale of the lands.
“There was no evidence that my clients benefitted personally from the sale of these lands. The properties were advertised for sale. There is no wrongdoing or misconduct, or dishonesty here to attract a criminal sanction.“
Additionally, the Attorney told the court that the case is premised on a contention that the lands were sold without valuation.
“Which law was offended by selling the lands without obtaining a valuation?”Nandlall asked.
The lawyer also sought to challenge the valuation done by realtors Rodrigues Architects and Associates
According to Nandlall the figure produced by Rodrigues Architects are mere opinions.
He therefore questioned the basis of the Misconduct In Public Office charges.
“These charges are unprecedented –never in this country as far as I am ware has a charge of Misconduct in Public Office been instituted… This is no ordinary case that is why we are challenging the advice of the Director of Public Prosecutions (DPP) and seeking to have it quashed.”
Burch –Smith presented similar arguments. The attorney noted that based on the facts presented, NICIL owned the lands and it was the State holding company that sold the lands.

He said that Singh and Brassington merely took part in the process as the head of key agencies involved in the purchase.
In May, the Special Organized Crime Unit (SOCU), an arm of the Guyana Police Force, filed charges for ‘Misconduct in Public Office’, against the two former high ranking government officials over the sale of three tracts of land on the East Coast of Demerara without or without due regard for valuation.
A month later, a similar charge was filed against the men. Together, they are facing four joint charges.
According to the first charge, Dr. Ashni Singh in his then capacity of Minister of Finance and Chairman of NICIL—is accused of selling on May 14, 2011 at Lot 126 Barrack Street, Kingston, Georgetown—a tract of land being 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.
It is further alleged that Dr. Ashni 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.
A similar charge alleged that the two 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.
The last charge against the duo states 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 of Guyana; and Brassington, being and performing duties as the Chief Executive of NICIL, a company owned by the Government of Guyana, 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 Textiles 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, being $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.”
In relation to the first three charges, the men have been each released on $6M bond. Dr. Singh and Brassington are still to answer to the last charge.

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