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Judge upholds legality of fraud charges against Irfaan Ali
Apart from ruling that the High Court has jurisdiction to hear People’s Progressive Party (PPP) Presidential candidate Irfaan Ali’s challenge to the legality of 19 fraud charges against him, Justice Franklin Holder on Monday ruled that the charges are correct in law.
PPP Presidential Candidate Irfaan Ali
Justice Holder noted that the court saw nothing unconstitutional and capricious about the charge brought against Ali by the State, while noting that he had failed to establish that the institution of the charges breached his constitutional rights. Justice Holder’s ruling now paves the way for Ali to be tried in the Magistrates’ Courts.
Earlier this year, the Special Organised Crime Unit (SOCU), an arm of the police force, filed charges against Ali alleging that he defrauded government of over $174M by selling plots of 19 plots of lands at Sparendaam and Goedverwagting, East Coast Demerara, known as the Pradoville Two Scheme, below the market value.
Ali, through his lawyers, Anil Nandlall and Associates, then moved to the High Court where they mounted a challenge as to the legality of the charges. As Justice Holder heard arguments in the matter, he granted an interim stay of the proceedings in the Magistrates’ Courts pending the hearing and determination of the challenge.
Ali has since been released on self-bail by the lower court.
He was, however, not required to plead to the charges since they were indictable.
At the High Court, Ali, among other things, had requested an order of Certiorari quashing the decision of the Director of Public Prosecutions (DPP) to charge him with the offence of conspiracy to defraud contrary to common law. His basis was that the charges were irrational, biased, and influenced by improper considerations and motives.
He had also asked the court for an order of Certiorari quashing the information of oath of Munilall Persaud, Corporal of Police at SOCU, on the 19 charges. Further, he had asked the court for declaration that the particulars of the charges do not constitute an offence known to law, and contravenes Section 144 (4) of the Constitution.
He had contended that there is no statutory or common-law duty to obtain a valuation prior to the sale of the property. He had also asked the court for a declaration that the charges are vague and constitute an abuse of process.
Ali, a former minister had also sought general, punitive, exemplary and aggravated damages not less than $100,000. He had also asked the court to award him costs and any further order or directions, which the court deems fit and warranted in all the circumstances.
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 selling 19 plots of state lands at Plantations Sparendaam and Goedverwagting, East Coast Demerara.
The lands, which were sold for $39.8M, are valued at $212.4M, according to SOCU.
According to SOCU, Ali is accused of ‘grossly 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, 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. Ali was arrested and charged after a probe of the financial operations of the Central Housing and Planning Authority (CHPA), was conducted by accounting firm Ram & McRae, and forwarded to SOCU for investigation.
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