AG Chambers to act accordingly on report from Asset Recovery Unit
Friday , October 16 2015, Source
THE Asset Recovery Unit, headed by Professor Clive Thomas recently submitted a report to the Attorney General and Minister of Legal Affairs Basil Williams, where it was recommended that charges be brought against a number of former ministers for land obtained in ‘Pradoville 2’ and sold at astronomically high prices compared to the purchasing price. Williams, in responding to questions posed by media operatives on the report and the way forward, yesterday, said that the situation is a clear case where government ministers would have obtained prime land at below its value and would have resold the land at tremendous profits.
He explained that what is stated in the report fit squarely into the facts of the Belizean case which was recently determined by the Caribbean Court of Justice.
“It’s a case where they used their office to profit unlawfully at the expense of the State…It was held that the Attorney General is the custodian of the patrimony of the State… only individuals could have brought the tort (civil wrong) of misfeasance in public office, the CCJ was quite content to extend that from individuals to the Attorney General,” Minister Williams explained.
This meant that based on the judicial precedence that was established in this case, the Attorney General could bring a tortious action against former government functionaries. Nevertheless, criminal charges could also be laid to wit “misconduct in public office” which would provide for a much swifter hearing and determination as the civil action in tort will be time consuming.
Further the Attorney General indicated that the constitutional body to institute charges in Guyana is the Director of Public Prosecution (DPP) and the Police, however if the DPP is involved in the matter, she would have to recuse herself from the matter.
Persons who would have acquired plots in the area include former President Bharrat Jagdeo, former Ministers Priya Manichand, Clement Rohee, Robert Persaud, Dr. Nanda Gopaul, Shaik Baksh and Jennifer Westford.
In response to whether former President Bharrat Jagdeo can face criminal proceedings, Minister Williams indicated that the constitution only provides immunity for actions done within the scope of duties.
“That is a question for interpretation in the courts… already we’ve had cases in Guyana that say they could only rely on certain things if they act within the scope of their powers; where they act outside of that scope immunity cannot be granted…the law has long been that, even though you have a power you have to exercise it judiciously and if you act outside the scope of the power you operate excessively and you lose that protection,” Minister Williams explained.
The Attorney General Chambers intends to look into the matter further and where there is evidence to constitute the tort, they will act accordingly.
“Ministers must know that they’re in an office of trust and they’re supposed to use their office for the benefit of the public and the state. They cannot be involved in an exercise that would undermine the rights of the state and cause the state to suffer loss or damage and certainly when it comes to land they must know the value of those lands,” the Attorney General emphasised.
