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Jordan freed of misconduct charges related to sale of State property to BK
Kaieteur News – Former Finance Minister, Winston Jordan was on Tuesday freed of the charge alleging he misconduct himself in public office by selling state property way below market value to BK Marines Limited at a price that was grossly undervalued.
The former minister made his first court appearance in December 2021 when he appeared before Chief Magistrate Ann McLennan and was placed on $3M bail.
The paper committal trial in the matter was slated to commence on Tuesday before Senior Magistrate Leron Daly at the Georgetown Magistrates’ Courts.
However, the magistrate upheld a no-case submission made on behalf of Jordan by his lawyers Roysdale Forde, SC and Dawn Cush.
Former Finance Minister, Winston Jordan
Jordan’s lawyers contended that the prosecution failed to prove a key element of the charge, to show that their client is a public officer. Their argument is that Jordan does not meet the criteria of a public officer, as he was appointed to serve as a minister of the former government.
After reviewing the defence submission, Senior Magistrate Daly upheld the no-case submission highlighting that the prosecution failed to provide sufficient evidence that Jordan was classified as a public officer. The magistrate then discharged the case against him.
Jordan was not required to plead to the indictable charge. He was slapped with a 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 wilfully misconducted himself.
It was alleged that the former minister acted recklessly when he signed NICIL Order, No. 50 of 2020, transferring to and vesting in BK Marines 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 charge was brought against him by the Special Organised Crime Unit (SOCU), an arm of the Guyana Police Force (GPF).
Kaieteur News had reported that Jordan was first arrested on December 2, 2021 and later released on bail for a series of allegations relating to 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 was 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, subsequently the transport was 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 the title must only be passed 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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