Ineffective whistleblower law an indictment on Govt.’s efforts to stop corruption—TIGI

Oct 23, 2022 News

Kaieteur News – The continued failure of governments to implement the full Protected Disclosure Act or whistleblower legislation, so that it is not available even for a member of the Police Force, is an indictment upon those with the power to make it effective.

President of TIGI Fred Collins

As such, he said the Government of Guyana must act swiftly to activate and implement the law that helps to safeguard citizens who seek to expose acts of corruption. This is the view expressed by the President of Transparency Institute of Guyana Inc. (TIGI), Frederick Collins, during an invited comment about the status of the law which was introduced four years ago, but has not been implemented.

Alluding to the recent scenario whereby a police sergeant unsuccessfully sought protection under the law, Mr. Collins lamented the protection of members of the Force who put themselves at risk to sound the alarm that something is wrong in that that organ of state should take precedence. In his view, the issue presented a golden opportunity for the State to showcase its legislative strength and prove the effectiveness of the law put in place to ensure the protection of whistleblowers.

The TIGI Head noted nonetheless that the blame should not be laid on the politicians alone, but the leaders of civil society need to join in a clamor for change.

He echoed the sentiments expressed by attorney-at-law Nigel Hughes when he stressed that “The [issue] goes beyond the current matter and it will affect all the matters as it regards acts of exposing corruption.”

Collins lamented that “honest leaders in all spheres of society should ask themselves if the time has not arisen for a collective action to force that legislation. The morale, the career, and perhaps even the lives of the professional policemen remaining in the Force may require it.”

Meanwhile, US-based Guyanese, Dr. Jerry Jailall shared the view that the Government should move as quickly as possible to operationalize the Act if it is serious about accountability, transparency, and fighting corruption.

He noted too that Guyana as an oil producer should make every effort to have these anti-corruption mechanisms in place.

Dr. Jailall asserted that: “The oil industry is shrouded in secrecy. The law is very important especially since oil is now a major pillar of the country’s income generation. We need transparency and accountability more than ever…. I call on the Attorney General to move quickly and operationalize the Act.”

Speaking about the incident involving the policemen, Dr. Jailall noted too that “When a citizen throws himself at the mercy and protection of the President on the basis of whistleblower protections, the right thing to do is for the President to respond with urgency. That will show our sincerity about whistleblower protections.”

Earlier this year, Police Sergeant Dion Bascom implicated prominent businessman, Azruddin Mohamed and top members of the Guyana Police Force in a plot to cover up the murder of Ricardo Fagundes known as ‘Paper Shorts’.

Ever since those allegations surfaced, his lawyer Nigel Hughes made a number of attempts to have his client benefit from provisions of the Protected Disclosure Act but it has been to no avail. During a recent interview with this newspaper, Hughes revealed that weeks have passed, but there has not been any move by the President or the Minister of Home Affairs to accede to his request.

Hughes had explained that his client, Bascom was earlier this year removed from investigating the killing of Fagundes and transferred to another location, had alleged a grand cover-up by senior ranks of the Criminal Investigations Department of the Guyana Police Force and the payment of a large bribe to a named officer as part of the cover-up.

The officer, as well as a prominent businessman linked to the crime, has since denied the allegations and even threatened to sue Bascom. Fagundes, a close friend of Roger Khan was riddled with more than 20 bullets on March 21, 2021 moments after he stepped out of Palm Court on Main Street, Georgetown. CCTV cameras had captured two shooters getting into a white, tinted Toyota Fielder motorcar, making good their escape.

It was after Bascom made the damning claims, Hughes wrote the President seeking his protection under the Protected Disclosure Act.