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Attorney General’s chambers a no-show in Dr. Singh, Brassington case challenge
Dr. Ashni Singh and Winston Brassington
The absence of Attorney General and Minister of Legal Affairs Basil Williams and State lawyers has led to an adjournment in a court action brought against the State, which seeks to challenge the legality of charges against former Minister of Finance Ashni Singh, and former head of the National Industrial and Commercial Investment Limited (NICIL), Winston Brassington.
The matter which is being heard by Chief Justice (ag) Roxane George was scheduled for another hearing yesterday at the High Court in Georgetown. While Attorney-at-Law Anil Nandlall, who is representing the two former high-ranking government officials, was present, there was no presence by the Attorney General’s chambers.
Kaieteur News understands that the chambers requested a later date for hearing since the Attorney General had other engagements set for yesterday. As such, an adjournment to November 1 was granted by the Chief Justice.
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 men, over the sale of three tracts of lands on the East Coast of Demerara and the sale of the Sanata Texiles Complex, East Bank Demerara, without regard for valuation.
According to the first charge, Dr. 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. 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 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, 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 by the Georgetown Magistrates’ Courts. They are yet to answer to the last charge. These proceedings are now at a standstill after lawyers filed an action in the High Court contending that the charges are unconstitutional.
The Chief Justice and Justice Franklin Holder have granted interim stays on the magistrates’ courts proceedings pending the hearing and determination of the application to have the charges discontinued. During a court hearing in July, the Chief Justice consolidated the four charges into one substantive challenge, since they are all of a similar nature.
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