Ex-minister, Irfaan Ali, asks High Court to quash fraud charges

Jan 05, 2019 News

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Former Housing Minister, Irfaan Ali, has moved to the High Court to quash several fraud charges he is facing for the controversial Pradoville Two scheme.
The Fixed Date Application will be heard on February 5, 2019 before Justice Franklin Holder.
The move would come as the People’s Progressive Party (PPP) gets ready to choose its presidential candidate.

Ali was supposed to appear in the city’s magistrate court again as the matter of those fraud charges continue.
Elections are expected later this year, following the shock December 21, 2018 “Yes”vote by Government parliamentarian, Charrandass Persaud, which saw the Government fall.
Government has gone to court to challenge the vote on a number of grounds.
Ali is said to be one of the presidential candidate contenders with the PPP, a party that had been in continuous power since 1992 but was booted in May 2015 by voters.
As Housing Minister, Ali allegedly played a key role in selling several plots of lands at Sparendaam, East Coast Demerara to his colleague ministers and other top officials, shortly before Bharrat Jagdeo ended his second term.
Jagdeo himself benefitted from lands, on which he built a large mansion.
Ali was arrested and slapped with 19 charges in late November by the police’s Special Organised Crime Unit (SOCU).
In court papers yesterday, Ali who was released on his own recognizance, named SOCU’s Detective Corporal, Munilall Persaud; the Commissioner of Police; Chief Magistrate Ann McLennan and Director of Public Prosecutions, Shalimar Ali-Hack as the respondents.
He is asking the High Court for an order of Certiorari quashing the decision of the DPP to charge him with the offence of conspiracy to defraud contrary to common law on the basis that it was irrational, biased, and influenced by improper considerations and motives.
He also wanted an order of Certiorari quashing the information of oath, of Munilall Persaud, Corporal of Police of the Special Organised Crime Unit, on the 19 charges.
Among other things, the former minister is asking for an order of Prohibition restraining the Chief Magistrate or any other magistrate from hearing or attempting to hear the charges as filed by the Corporal; an interim order pending the hearing and determination of the application and restraining the Chief Magistrate or others to hear the matters.
Ali also wanted a declaration that the particulars of the charges do not constitute an offence known to law and one that there is no statutory or common law duty to obtain a valuation prior to the sale of the property.
Ali wants the court also to issue a declaration that the charges are vague and constitute an abuse of process.
The former minister is accused of defrauding Government of over $174 M, by selling several plots of State lands, below the market value, to former ministers of the then PPP/C government.
Representing Ali are attorneys Devindra Kissoon, Anil Nandlall, Priya Manickchand, Jaya Manickchand and Sase Gunraj.
The charges against Ali stated that between the period 2011 and 2015, he conspired with persons unknown to defraud the Government, when he acted recklessly by selling19 plots of State Lands at Plantation Sparendaam and Goedverwagting, East Coast Demerara. The lands which were sold for a mere $39.8M, are valued at $212.4M, according to SOCU.
Ali is accused of ‘greatly underselling’ the 19 plots of State Lands to former President Bharrat Jagdeo, former Cabinet Secretary Dr. Roger Luncheon; Luncheon’s wife, Floreen Ramnaught; and former ministers Priya Manickchand, Dr. Jennifer Westford, Robert Persaud and Clement Rohee, Director of Public Prosecutions (DPP) Shalimar Ali-Hack; former army chief-of-staff Gary Best, and Fortune Developers Inc. Guyana.
Ali is also accused of selling lands to former General Manager of the Guyana Gold Board and daughter of former President Donald Ramotar, Lisaveta Ramotar; former President of the Private Sector Commission, Ramesh Dookhoo and the son of former Labour Minister Dr. Nanda Gopaul, Dr. Ghansham Singh; former Guyana Sugar Corporation (GuySuCo) Chief Executive Officer, Rajendra Singh; and former president of the Caribbean Development Bank, Dr. Compton Bourne.
He is also accused of selling lands to Former Chief Executive Officer of the Guyana Lands and Surveys Commission Safraaz Khan; former CEO of Guyana Water Inc, Shaik Baksh; along with George Halla and Dave Narine.
Charges against Ali were recommended by SOCU after a forensic audit report was conducted and revealed that Ali acted illegally with the manner in which he distributed several large and expensive plots of land.
It was reported that after five months of investigation, SOCU completed its investigation into the allocation of lands at ‘Pradoville Two’ to Cabinet members of the People’s Progressive Party/ Civic Administration and their close associates.
The investigation into the lands came after a special investigation of the Sparendaam Housing Project referred to as `Pradoville 2’ was completed. The investigation was part of a larger probe of the financial operations of the Central Housing and Planning Authority (CHPA), which was conducted by accounting firm Ram & McRae.
The investigation revealed that the allocation of the lands was a clandestine arrangement that was handled personally by former housing minister Ali, and it was concluded that a criminal case for misfeasance can be made against the PPP/C Cabinet members who benefitted.
The forensic audit, found that awardees grossly underpaid for the lots, while the state-owned National Industrial and Commercial Investments Limited, National Communications Network and Guyana Power and Light Inc. were never reimbursed for millions of dollars spent to execute preparatory works.
While the minister has considerable powers under the Housing Act, his role in the issuance of titles was well outside of his functions and powers,” the audit report said.
The report added, “No files were maintained by CHPA for any of the plots allocated by a process that can be described as lacking transparency at best.
It was stated that of the 28 lots, totalling 12.1187 acres, only 3.9693 acres remain unallocated.
Over two dozen persons, including former president Bharrat Jagdeo and some of his former ministers were questioned by SOCU officials in the early stages of the investigations.

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