Using the criminal; justice system as a political weapon

Jun 10, 2019 Letters

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Dear Editor,
The PNC has a long history of using the criminal justice system as a weapon against its political opponents. This dates back to the late 60s when PPP leaders and activists were arrested and charged without investigations and upon no solid evidence. This continued during the 70s and 80s. During this latter period, leaders and activists of the WPA were also victims. Fast-forward to 2015-2019, this policy of the PNC has not changed.
Over the past four years, a number of PPP leaders, Members of Parliament and Public Servants, who served the State faithfully under the PPP Administration were charged with trumped criminal offences. Some were charged for carrying out decisions of Cabinet and executing Government’s policies and some were charged based on reports submitted by forensic auditors, handpicked by politicians. These audits were done without affording a hearing to persons whom they implicate in alleged wrongdoings. In other words, these reports condemned these persons without affording them an opportunity to defend themselves, then, these reports are used as a basis to charge them.
These charges are being prosecuted by special prosecutors, all of whom are closely affiliated with the PNC and are handpicked by Attorney General, Basil Williams and paid out of his Ministry’s budget.
The conduct for which these persons have been charged are not even morally reprehensible and certainly, they do not meet the standard required to attract criminal culpability. This is what I mean when I say that the charges are concocted and fabricated. The whole saga stinks of politics, political vendetta and vengeance. They are being done simply to humiliate, damage reputations, politically intimidate and silence political opposition.
In the GRDB charges, not a cent is missing but a group of young Guyanese professionals, including two PPP Parliamentarians, are slapped with dozens of criminal charges for simply not entering a transaction into an accounting ledger. None of these persons had the responsibility to do so. All of them were board members.
The special prosecutors refused to give their lawyers a copy of the Forensic Report which led to the charges. The Magistrate refused to order the Prosecutor to release a copy of this report. This is nothing more than trial by ambush.
The charges against Ashni Singh and Winston Brassington are worse. They are charged with selling State properties below market value. Where in the world is such conduct a criminal offence? One only has to refer to the Desmond Hoyte era, where dozens of State entities were divested at a fraction of their market value and without any competitive process.
In Singh and Brassington’s case, the properties were indeed advertised and sold to the highest bidders. One vividly remembers these two highly qualified professionals splashed across the front page of newspapers with handcuffs. Clearly, this was one to humiliate and embarrass.
I as President, granted Anil Nandlall a facility, whereby the Government would pay subscriptions for certain books that he was purchasing for the past 10 years. I granted that as part of the terms and conditions of his employment as Attorney General and Minister of Legal Affairs. I issued a letter to the Auditor General to this effect. Attorney General Basil Williams instructed the Auditor General to conduct an investigation into the acquisition of these books.
The Auditor General did. He submitted a report, in which he found no wrongdoing. Basil Williams then instructed his Permanent Secretary to make a report at SOCU and no doubt, SOCU was instructed to charge Anil Nandlall. Before the charges were instituted, Mr. Nandlall purchased the said-same books and offered them to SOCU. This offer was rejected. The instruction was to charge.
Clearly, the intent is to embarrass, humiliate and silence. It is no secret that Nandlall has been a thorn in the side of Williams, exposing his incompetence every step of the way.
Recently, I read that the Magistrate and the Prosecutor in the Nandlall case, turning up in a different courtroom at the Magistrates’ Court and calling the case without any notice being sent to Nandlall or his lawyers, then the Prosecutor threatening to apply for a warrant for his arrest. If this is not cowboy justice, I don’t know what is.
There is no Judicial Service Commission in place for nearly two years, so one cannot even lodge a complaint against this Magistrate. How is it that the Prosecutor and the Magistrate were able to be present in a different court at the same time and on the same date without that date and time being fixed on a previous occasion, must be the basis for an investigation.
Irfaan Ali is another victim. The PPP Government has sold nearly 100,000 house lots at subsidised prices as part of the Government’s housing policy. Ali is charged in respect of a few lots sold to PPP leaders, supporters and other professionals who worked under the PPP Government. Again, these charges are ridiculously concocted but Ali is before the Criminal Courts, being prosecuted by three of these special, handpicked prosecutors, who are being paid $20,000 per hour. One of the ironies is that the DPP, who was recently made Senior Counsel by the President, is one of the purchasers of these lots. She claims that she did not advise on the charges. She simply stated the obvious. We know that Congress Place did but not only on Ali’s charges, but on all of the charges mentioned above.
I hear that the Financial Intelligence Unit is the newest entity that will be used against the political Opposition. Apparently, SOCU and SARA are not enough. I will expand upon the FIU a little later.
Yours,
Donald Ramotar
Former President 

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