Defence, Prosecutor clash over mode of trial

Mar 05, 2022 News

Fmr. Finance Minister Fraud case…

Kaieteur News – The defence and the prosecution in the fraud matter for former Finance Minister, Winston Jordan, found themselves at logger heads over the mode of trial that should be used to dispose the matter.
Jordan is being represented by a battery of lawyers: attorneys-at-law, Roysdale Force S.C, Khemraj Ramjattan, Joseph Harmon and Darren Wade; while the matter is being prosecuted by Special Organised Crime Unit (S.O.C.U) prosecutor, Tuanna Hardy.

Former Finance Minister, Winston Jordan.

Jordan’s lawyers want the matter to be tried indictably. This means that a preliminary inquiry (PI) into the matter will be conducted in the Magistrate’s Courts to determine if there is sufficient evidence for the matter to be tried before a judge and jury in the High Court. The prosecutor wants the matter to be heard summarily. This means the prosecutor wants the matter to be tried in the Magistrate’s Court as opposed to it going before a judge and jury.
On Friday, when the matter was called before Chief Magistrate Ann McLennan in the Georgetown Magistrates’ Courts – the prosecution made its submissions to the court and on the next hearing, April 29, 2022, the defence is expected to make their submissions to the court.
After reviewing both legal arguments – the Chief Magistrate will then decide on the mode of trial that will be used in the matter.
The former minister made his first court appearance in December 2021. He is currently out on $3 million bail for allegedly selling a State wharf below its market value.
The charge was brought against him by SOCU, an arm of the Guyana Police Force (GPF).
Jordan was slapped with a misconduct in public office charge which alleges that while being and performing duties of Minister of Finance and being the concerned Minister for the National Industrial and Commercial Investments Limited (NICIL), a company owned by the Government of Guyana, between February 26, 2020 and July 31, 2020 at Main Street, Georgetown, he willfully misconducted himself.
It further alleges that the former minister acted recklessly when he signed NICIL (Transfer of Property) Order, No. 50 of 2020, transferring to and vesting to BK Marine Inc. absolutely, all buildings, erections, stellings, platforms and further appurtenances that is to say, Mud lots 1 & 2, F of Mud lot 3, A, B & D, situated at North Cummingsburg, Georgetown, being over 2.553 acres, by paying $20,260,276, for a property valued over $5B and being sold at a price that was grossly undervalued to such a degree as to amount to an abuse of the public trust and without reasonable excuse or justification.
Jordan was not required to plead to the indictable charge after it was read to him.
According to reports, on December 2, 2021, Jordan was arrested and later released on bail for a series of allegations relating to irregular transactions of public funds and state properties, estimated to value billions of Guyana dollars.
According to the police, the first transaction that Jordan was interviewed about was in relation to the alleged sale and vesting of the state’s largest wharf facilities located at Kingston, Georgetown, valued approximately US$40,000,000 but was reportedly sold for US$500,000. It is alleged that the purchaser BK Marines Inc., only paid US$100,000, which is 10 percent of the purchase price, and Jordan issued a vesting order passing Title to the purchaser, without the payment of any further sum of monies.
It was further stated that the vesting order stated that the property is being sold free from encumbrance and liabilities and no further sum of money is owed by the purchaser. Also, the transport was subsequently reportedly issued for the property and the value stated on the transport was US$2,000,000. It was noted however, that the agreement of sale stated that title must only pass upon full payment of purchase price.
The police also reported that investigators have evidence to establish that a facility which is a mere fraction of the size of the state property that is under investigation and located seven miles upriver was sold by a private company for US$17 million.
However, Jordan’s lawyers are contending that the charge against their client is trumped up and political in nature. On the first hearing of the matter, while speaking with reporters Forde said, “Mr. Jordan did not take it upon himself to unilaterally act to sign any vesting order but that was done after a process. A process that led to a deliberation and determination by cabinet. After that process Mr. Jordan was simply performing an administrative function by which he would have been singing a vesting order.
“If the cabinet had authorised the sale and the circumstances and conditions of the sale as a consequence of receiving a report and documentation and a memorandum from NICIL itself outlining those circumstances, so at no time whatsoever Mr. Winston Jordan would have been acting solo or would have embarked on a mission on his own.”