Latest update April 4th, 2025 6:13 AM
Jul 09, 2019 News
It appears that Dipcon Engineering Services Limited which initiated proceedings against Finance Minister Winston Jordan, for him to pay up US$2.2M, will end up with almost nothing.
Yesterday, the Guyana Revenue Authority (GRA) said that it will be moving to garnish outstanding taxes from Dipcon which amount to $527.8M. When converted, this works out to US$2,527,197.
Commissioner General of the Guyana Revenue Authority (GRA), Godfrey Statia, informed Dipcon’s lawyer, Timothy Jonas, as well as Finance Secretary, Michael Joseph, of this state of affairs.
Statia advised both parties that pursuant to Section 102 (1) of the Income Tax Act, the Commissioner General may garnish from a person, the amount of tax payable by any person, once the first mentioned person is about to become indebted or liable to make payment to the second mentioned person.
The Commissioner General said in light of this, the debt is to be settled with immediate effect.
HALT OF COURT ORDER
In addition to the move by GRA, President David Granger issued an instrument titled a “Grant of Respite” yesterday which gave Jordan in his personal capacity, and as the Minister of Finance, respite of the execution of punishment imposed on him by an order for Criminal Contempt of Court on June 24, last.
That order was to the effect that should he fail by July 8 to comply with the Order of the Court to pay US$2.2M to Dipcon, he would be imprisoned for 21 days.
The grant of respite shall be in effect until all appeals and remedies available to the Finance Minister and the State have been exhausted.
Attorney General Basil Williams has since filed an appeal to the Court of Appeal against the Full Court’s decision to refuse a stay of the contempt order issued by Justice Priya Sewnarine-Beharry to have Minister Jordan imprisoned for non-payment of the monies.
Williams noted in the grounds of the appeal that the Full Court erred and misdirected itself in law when it restricted the Minister’s lawyers to only argue one ground for a stay of execution, that is to say, whether the appeal had good prospects of success.
Williams contends that the Full Court erred and misdirected itself in law when it prevented Minister Jordan’s lawyer from relying on the affidavit of one Dale Browne in support of the Application for a stay of execution and that the Full Court erred and misdirected itself when it ordered that Jordan being sued in his personal capacity while still being Minister of Finance, could not be represented by the Attorney General, pursuant to the provisions of the State Liability And Proceedings Act Chapter 6:05 of the Laws of Guyana.
Williams also contends that the Full Court erred and misdirected itself in law when it refused to grant the stay of execution of the order for contempt made by Justice Priya Sewnarine-Beharry on June 24, 2019 for the imprisoning of the Finance Minister.
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