Former Finance Minister sues State for millions

May 11, 2024 Court Stories, Features / Columnists, News

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Kaieteur News – Former Finance Minister, Winston Jordan through his lawyer, has initiated legal proceedings against the state in relation to the Misconduct in Public Office charge he was prosecuted for and later freed.

Jordan is being represented by Senior Counsel, Roysdale Forde. The lawyer filed two matters with the damages claim being fixed for hearing on May 20, 2024 before Justice Navindra Singh and the Constitutional claim fixed for hearing on June 21, 2024 before acting Chief Justice Roxane George-Wiltshire.

Both matters were filed on May 9, 2024.

The respondents listed are Attorney General, Anil Nandlall, S.C; Superintendent, Commander of Regional Division 4C, Krishnadat Ramana; Assistant Superintendent, Mahendra Singh and the Director of Public Prosecution (DPP) Shalimar Ali-Hack, S.C.

According to the damages claim document seen by this publication, Jordan is seeking over $300 million for malicious prosecution for a charge that was read and in excess of $300 million for a charge that was intentionally and wrongfully instituted. Also, damages over $300 million for wrongly pursuing legal action and damages over $300 million for false imprisonment.

Jordan is also seeking a public apology for the malicious prosecution and false imprisonment.

The former finance minister is also seeking exemplary, aggravated and vindicatory damages, as well as an interest at a rate of 6 % per annum from the date of filing to the date of judgment and thereafter at a rate of 4 % per annum from the date of Judgment until fully paid.

According to the grounds of the application, Jordan had been diagnosed as a diabetic at least 10 years earlier, and during the investigation period back in 2021, when Jordan was arrested, his condition deteriorated while in custody.

He was rushed to a health centre which was ill-equipped and had to be taken to a private hospital. The former minister was prescribed sick leave and medication, and after his health condition was still deemed to be unstable, he was granted an additional sick leave.

It was further stated that Jordan was later summoned to court and on December 28, 2021, Jordan made his first court appearance before Chief Magistrate Ann McLennan and was placed on $3 million bail. He was charged with Misconduct in Public Office by selling state property way below market value to BK Marines Limited at a price that was grossly undervalued.

The matter was dismissed on May 16, 2023. Jordan’s lawyer contended that during the trial period, his client’s health condition persisted which resulted in receipt of medical bills, and sick leave. It was also stated that Jordan had to find money to transport him to the Special Organised Crime Unit (S.O.C.U) every last Friday of the month until the determination of the case in May, 2023.

The events that followed the dismissal of the case were also listed as a ground. It was stated that the Attorney General had applied for an Order issuing a Warrant for Jordan’s arrest and committal for the trial to the High Court.

The Chief Justice later ruled that there was a lack of evidence to support the claim as well as to have the former minister arrested and committed to trial.

According to reports, a paper committal was conducted at the Georgetown Magistrates’ Court for Jordan. Jordan’s lawyers contended that the prosecution failed to prove a key element of the charge, to show that their client was a public officer at the time. Their argument said that Jordan did not meet the criteria of a public officer, as he was appointed to serve as a minister of the former government.

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 willfully 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.

Last May, Senior Magistrate Leron Daly up-held a no-case submission made by Jordan’s attorney and this resulted in the matter being dismissed. The magistrate said that the prosecution failed to provide sufficient evidence that Jordan was classified as a public officer.

Meanwhile, in relation to the constitutional matter, Jordan is seeking a declaration that his constitutional right to protection from inhumane treatment and or degrading treatment as guaranteed by Articles 40 and or 141 of the Constitution of Guyana was violated. Further, he seeks a declaration that his constitutional right to protection of freedom of movement as guaranteed by Articles 40 and or 148 of the Constitution of Guyana was contravened by his unlawful detention by Officers of the Guyana Police Force.

He is also seeking damages and any other order the court seems just.

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• Anil Nandlall, Attorney General, Commander of Regional Division 4C, Krishnadat Ramana, S.C; Superintendent

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