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Court must have credible information to overturn charges against Ashni Singh and Brassington -says Solicitor General

Nov 02, 2018 News

Solicitor General, (SG) Kim Kyte said that the court must be presented with credible information before it rules to overturn the criminal charges against former Finance Minister, Ashni Singh and Head of National Industrial and Commercial Investment Limited, (NICIL) Winston Brassington.
The SG in her submission before Chief Justice Roxanne George noted that a high bar is set for interference of the powers of the Director of Public Prosecutions, (DPP).
“There are contentions that the DPP was interfered with politically. Where is the proof?”
The S.G noted that there is also contention that Mr. Singh did not sign anything so he cannot be charged.
Kyte said however that the DPP decided to charge based on the facts presented before her.
She emphasized that unless evidence can be provided to the court to discredit the facts, the charges against Singh and Brassington must be sustained.
Kyte contended too that the men must be held culpable for sale of State land. State Land should not be sold at just any price.
Last month, the court was told that the former Finance Minister, and former Head of NICIL 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 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.

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