Slothful litigation is interfering with my eligibility for presidential candidacy – Irfaan Ali

Jan 10, 2019 News

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Making it known that he is being considered as Presidential Candidate by the People’s Progressive Party (PPP) for the upcoming general elections, former Minister of Housing, Irfaan Ali, has said that the slothful litigation of land fraud charges against him is interfering with his eligibility.
According to Ali, “It is an open fact that I am being actively considered as a Presidential candidate for the People’s Progressive Party to lead the 2019/2020 general elections, and the Respondents’ failure to act swiftly and without delay in prosecuting the charges has caused and is causing me grave and irreversible damage, prejudicing my eligibility.”
“If the Court does not urgently decide the matters in controversy, there stands to be irreparable prejudice in light of the looming possibility of general elections being held in March,” Ali stated in an action filed asking the High Court to quash the 19 charges instituted by the Special Organized Crime Unit (SOCU), an arm of the police force.
It is being alleged that as former Housing Minister, Ali 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 as President.

Ali is accused of defrauding Government of over $174M, by selling several plots of State land, below the market value, to former President Jagdeo and ministers of the then PPP/C government.
Among other things, Ali, through Senior Counsel Neil Boston, Seenath Jairam and other lawyers, is arguing that the charges instituted against him do not amount to an offence.
In the petition which was filed earlier this month by Fixed Date Application (FDA), the lawyers are asking the court to make several orders and declarations with grounds in support.
In the court documents, Director of Public Prosecutions (DPP) Shalimar Ali-Hack, Chief Magistrate Ann McLennan; Commissioner of Police Leslie James and Police Corporal Munilall Persaud of the Special Organized Crime Unit (SOCU) have been listed as the Respondents.
Ali is seeking an Order of Certiorari quashing the decision of the DPP to charge him with the offence of Conspiracy to Defraud. Ali contends that the decision is irrational, arbitrary, capricious, whimsical, malicious, biased, without any proper evidential basis, unreasonable, unlawful, null, void and without no effect.
Advancing that the charges are unlawful, Ali through his lawyers, is seeking an interim order restraining the Chief Magistrate or any other Magistrate from hearing or attempting to hear or determine the matter pending the hearing and determination of the application before the High Court.
Furthermore, Ali is asking the court to declare that the charges, which do not allege any underlying unlawful conduct, contravene Section 144 (4) of the Constitution of Guyana. He is further asking for a declaration that there is no statutory or common law duty to obtain valuation prior to the sale of property.
Ali, who said in his Affidavit in support that he took up the post of Minister of Housing from 2009-2015, is denying selling land to any person.
In fact, Ali said, “Moreover, assuming arguendo (for the sake of argument) that the facts as alleged in the charges are true, which is denied. I have been informed by counsel and verily believe that the particulars as contained therein do not amount to any offence known to law, which even if proven, are impossible to yield a conviction for the offences charged.”
According to the former government minister, there is no duty imposed by law on myself or any person involved in the sale of land by the Government or any state entity, authority, corporation or company under its control to first obtain a valuation of property prior to its sale.
There are no identifiable standards or systems employed in Guyana for the valuation of land, he argues.
“I have been advised by counsel and verily believe that the allegations that the alleged sales were made “recklessly” or “without valuation” have no legal meaning, are unconstitutionally vague, and are incapable of interpretation or application in any criminal proceedings,” Ali argues in the Affidavit.
Ali contends that the 19 charges against him constitute an abuse of process.
“The decision to lay the Charges against me almost nine years after the alleged acts occurred when all information concerning the alleged acts was readily accessible by the Respondents, constitutes an abuse of process and is prejudicial to me.”
Pleading with the court to halt the proceedings before the Chief Magistrate, Ali argues, “I will suffer irreparable harm, there being a real threat that criminal proceedings will commence, facing the possibility of conviction.”
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 $39.8M, are valued at $212.4M, according to SOCU.
Ali is asking the court to award damages and costs in an amount to be determined at trial but not less than $100,000. His application comes up for hearing tomorrow at the High Court in Georgetown.
Charges against Ali were recommended by SOCU after a forensic audit report was conducted and concluded that Ali acted illegally with the manner in which he distributed several large and expensive plots of land.

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