August 4,2016 Source

Former Attorney-General Anil Nandlall yesterday expressed concern at the leakage of confidential information to the press about persons who are being investigated by the Special Organised Crime Unit (SOCU) and the State Assets Recovery Unit (SARU).

“From what is being published in the press, it is manifestly clear that there is an unhindered, free and frequent flow of information from these agencies to certain sections of the press disclosing the personal, confidential financial and other information unearthed by the investigations of those who are the subject of investigations including bank accounts numbers and balances,” Nandlall, who was instrumental in the setting up of SOCU, told Stabroek News.

Over the past few months, the former AG has been questioning SOCU’s role and operational procedures and has also expressed concerns about SARU, which he has said is functioning without proper legislation.

While he did not identify a specific case or cases, it appears that Nandlall was speaking about the Omar Shariff investigation. In its August 3 edition, the Kaieteur News published information about Shariff’s alleged wealth and assets accumulated over a seven-year period. The article provided details on deposits made to various bank accounts and disclosed at which banks those accounts are located.

Shariff, the Permanent Secretary of the Ministry of the Presidency was sent on leave in late June to facilitate an investigation by SOCU into his bank accounts. His attorney, Sanjeev Datadin, had told Stabroek News that the investigation involved a personal business that Shariff operates and had nothing to do with his job at the ministry. Datadin had also raised concerns about media reports suggesting that his client has billions of dollars, saying that not only are they untrue but they have put his safety at risk.

According to Nandlall, when certain information is published, it is not only sensationalised, but “it is twisted to create irreparable public prejudice against those who are being investigated.”

He said what is significant to note is that the statements given by the persons who are being investigated are not disclosed to, or are just not published in the press. To Nandlall this is grossly unfair as a one-sided view is presented, which, according to him is often never close to the truth.

“Neither are the persons offered an opportunity to respond before these publications are done. These publications have grave consequences not only for the character, reputation and personal safety of these persons but also on the possibility of them ever receiving a fair trial. This is the most callous abuse and misuse of law enforcement powers,” he declared.

He said that this leakage of confidential information from active investigations “smacks of breach of trust and confidentiality.”

Nandlall told Stabroek News that this will never inspire public confidence which is so vital for the efficient functioning of a law enforcement agency. “Its operations exude an aura of vengeance and vendetta rather than fairness and justice,” he asserted.

According to the former AG, the nation remains silent as these atrocities are being perpetrated. “Not a word from the commercial banks whose customers’ confidential financial information are spewed across newspaper pages and in the social media. Not a word from those who claim to champion human rights, fairness and justice. As time passes without public condemnation or legal challenge, the situation will only get worse. It is the nature of the authoritarian. When we eventually decide to resist, it may be too late,” he said.

Nandlall said that for the avoidance of doubt, he has no objections to investigations being conducted into allegations of wrongdoing provided that the investigations are done by the duly authorised agency and are done in accordance with the basic tenets of fairness, natural justice and with professional rectitude.

He said he has written and spoken comprehensively about the “dubious nature, composition, agenda and operations” of SOCU, a law enforcement agency which professes that it is doing genuine and bona fide investigations. Similar things can be said about SARU, he added.