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Winston Jordan’s fraud case reassigned to third Magistrate
Kaieteur News – After two Magistrates recused themselves from presiding over the misconduct in public office matter against former Finance Minister, Winston Jordan – Senior Magistrate Leron Daly was on Thursday assigned the case.
Former Finance Minister, Winston Jordan.
The former minister had made his first court in December 2021, before Chief Magistrate Ann McLennan in the Georgetown Magistrates’ Courts for allegedly selling a State wharf below its market value.
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 is further alleged that the former minister acted recklessly when he signed NICIL Order, No. 50 of 2020, transferring to and vesting in BK Marine Inc., Mud lots 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.
The former minister was not required to plead to the indictable charge after it was read to him. The charge was brought against him by the Special Organised Crime Unit (SOCU), an arm of the Guyana Police Force (GPF).
The Chief Magistrate had granted bail in the sum of $3M and the matter was adjourned to earlier this year.
However, when the matter was called in April, last, the Chief Magistrate recused herself from the matter due to personal reasons and as such, she had reassigned the matter to Principal Magistrate Sherdel Isaacs-Marcus. Similarly, the Principal Magistrate also recused herself from the matter and the case was sent back to the Chief Magistrate.
On Thursday, Chief Magistrate McLennan reassigned the matter to Senior Magistrate Leron Daly, and the matter is expected to come up before Magistrate Daly on August 29, 2022.
When the matter continues the defence is expected to lay over their submission as it relates to the mode of trial for the matter.
SOCU Prosecutor, attorney-at-law Tuanna Hardy, had requested that Jordan’s matter be tried summarily instead of indictably. 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 the other hand, Jordan’s lawyers: former Leader of the Opposition, Joseph Harmon, Khemraj Ramjattan, Dawn Cush and Darren Wade, wants 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.
As such, both parties were asked to make submissions to the court for the magistrate to decide on the mode of trial. The prosecution had already made its submissions to the court – while the defence is yet to do same.
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 he was interviewed about is 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.
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