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Mar 08, 2021 News
Kaieteur News – Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, S.C., has commenced legal action against businessman and former Guyana Lands and Surveys Commission (GLSC) Director, Wilfred Brandford, over plots of land he acquired during his time as a sitting member of the commission. According to documents seen by this newspaper, the AG has approached the High Court seeking declarations that the two parcels of land located at Plantation Ruimveldt, East Bank Demerara, were acquired illegally and hence their purchase should be deemed unlawful, null and void.
In his application before the Court, the AG noted that the defendant, Brandford, of Car Care Enterprise, has been unjustly enriched in the sum of approximately $150M, the true representation of the value of the parcels of land situated at Plantation Ruimveldt, East Bank Demerara.
Among the orders the AG seeks, are those for restitution to the State; an Order for disgorgement of any sums paid by defendant to the State; and an Order that the defendant relinquishes possession of the property to the State.
In addition, Nandlall has asked that the State is awarded in excess $100M in damages lost and damage suffered as a result of negligence and/or breach of the duty; in excess of $100M for of conspiracy and/or breach of the duty; in excess of $100M for loss and damage suffered as a result of breach of fiduciary duty; and in excess of $100M for misfeasance in public office.
The AG had previously issued an ultimatum to Brandford, for him to return two valuable parcels of State lands, which he acquired as a member of the GLSC or face legal action.
According to a letter seen by this newspaper, the AG, in his capacity as the State’s legal representative, outlined that Brandford benefitted from the sale of ‘severely undervalued’ lands located at Plantation Ruimveldt, East Bank Demerara. In his letter dated February 10, 2021, the AG highlighted a number of irregularities with the transaction between Brandford and the GLSC.
According to Nandlall, the businessman capitalized on the relationship with the former GLSC Commissioner, Trevor Benn, and his position of influence as a member of the GLSC Board, to secure the plots of land at $13.5M when in fact the lands cost $150M – 10 times the amount that he paid. The Attorney General noted too that the parcels of land comprising 0.710 and 0.0887 acres respectively, were compared with the purchase price for similar plots sold by Government, which were valued for as much as $150M.
“Indeed, this relationship exacted a higher standard of care from both you and the Commissioner. That the Commissioner contained two valuations for the said parcels, an initial valuation of $60M and a later one $13.5M, but chose the lower valuation as the mutually agreed purchase price, simply aggravated the egregious nature of the misconduct, illegality and conspiracy which permeated this transaction,” the AG said in his letter.
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