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FM
Former Member

‘Another attempt to witch-hunt’ …Teixeira on Govt’s plan to set up special prosecutions unit

July 22, 2016 9:52 am Category: latest news, Politics A+ /A-

Opposition Chief Whip, Gail Teixeira, in a statement issued late last night (July 21, 2016) stated that Government’s plan to establish a special prosecutions unit to investigate and prosecute based on the reports of the forensic audits is another attempt by the government to witch-hunt political opponents.

Opposition Chief Whip, Gail Teixeira

Opposition Chief Whip, Gail Teixeira

“The Constitution by Article 187 confers the powers of prosecution in criminal proceedings on the constitutional Office of the Director of Public Prosecutions. This new action is a departure from the existing functional and professional system of prosecutions.  The proposal to create a Special Prosecutions Unit cannot be seen as anything else but further institutionalisation of another attempt to witch-hunt political opponents”, Teixeira noted.

 

Following is the full statement issued by the Opposition Chief Whip:

The announcement by Minister Trotman at today’s  (July 21, 2016) Cabinet press briefing of the establishment of a Special Prosecutions Unit to investigate and prosecute based on the forensic audits is reflective of a pattern of actions by the APNU+AFC government which consistently under the rule of law.

The Constitution by Article 187 confers the powers of prosecution in criminal proceedings on the constitutional Office of the Director of Public Prosecutions. This new action is a departure from the existing functional and professional system of prosecutions.  The proposal to create a Special Prosecutions Unit cannot be seen as anything else but further institutionalisation of another attempt to witch-hunt political opponents.

Were the Government to go through the DPP and the Guyana Police Force, both professional bodies, governed by the Constitution and statute, they would be expected to abide by a level of professionalism and follow specific guidelines and act based on evidence.

The APNU+AFC Coalition clearly appears to have no faith in these bodies. This new Special Prosecutions Unit is intended to bypass these bodies and create a separate and parallel prosecutions arm supported by the SARU and SOCU under the total control of the political elite in the Ministry of the Presidency. The rationale for such a radical departure from the existing constitutional and legal provisions can only be interpreted as one designed to target and witch hunt the parliamentary opposition and political opponents.

What is also significant is that this is coming on the heels of an admission by none other than President David Granger that the audits themselves did not turn up “sufficient evidence” to bring criminal charges against former government officials. Yet according to Minister Trotman this is exactly what this proposed Special Prosecutions Unit will be investigating and leading prosecutions on these forensic audits.

This announcement follows ominously on the statement by Minister Jaipaul Sharma that Cabinet will be deciding on who will be charged with criminal offences based on these forensic audits. The same audits which were carried out by select political supporters of the APNU AFC government.

As stated in other warnings by the parliamentary opposition, this government has put Guyana on a slippery and dangerous slope undermining the rule of law and the eroding the separation of the powers between the executive, the legislature and the judiciary.

Despite the campaign trail promises, the government is hell bent on “Jacobin type justice” of the French revolution regardless of human rights and rule of law.

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The DPP Shalimar Hack is a creature of the past PPP regime who enjoyed largesse from that regime and lives near Bharrat Jagdeo and Clement Rohee in Pradoville2. The coalition government through the police force provided some files to the DPP regarding Pradoville2 and other related matters. The DPP's recommendations do not find favor with the government, hence its intention to pursue another course of action which it will legitimize with forthcoming bills in parliament.

Many coalition supporters have been wondering why the government has taken so long to file charges against alleged corrupt officials of the PPP regime. The government's seeming inaction had emboldened PPP supporters to boast that the government had no evidence of corruption. After patient and painstaking investigations, in which some PPP-appointed public servants refused to cooperate with the auditors, the government believes it can now proceed to the prosecution stage through which it hopes to recover state assets such as properties, vehicles and money.

FM

The government purse doesn't belong to the politicians,who ever steal should pay the penalty,the coalition gov't is moving in the right direction,i have seen politicians in the USA face the music for minor wrong doings.

Gail and Freedom House can continue with their rants,if they do no wrong why fear.

Django
Gilbakka posted:

The DPP Shalimar Hack is a creature of the past PPP regime who enjoyed largesse from that regime and lives near Bharrat Jagdeo and Clement Rohee in Pradoville2. The coalition government through the police force provided some files to the DPP regarding Pradoville2 and other related matters. The DPP's recommendations do not find favor with the government, hence its intention to pursue another course of action which it will legitimize with forthcoming bills in parliament.

Many coalition supporters have been wondering why the government has taken so long to file charges against alleged corrupt officials of the PPP regime. The government's seeming inaction had emboldened PPP supporters to boast that the government had no evidence of corruption. After patient and painstaking investigations, in which some PPP-appointed public servants refused to cooperate with the auditors, the government believes it can now proceed to the prosecution stage through which it hopes to recover state assets such as properties, vehicles and money.

So, the established legal process does not deliver the goods, now the PNC set up their own kangaroo court.  The more they go extrajudicial with this, the more difficult it will be for the PNC to find it to rule!

FM
ba$eman posted:

So, the established legal process does not deliver the goods, now the PNC set up their own kangaroo court.  The more they go extrajudicial with this, the more difficult it will be for the PNC to find it to rule!

Nothing unconstitutional about special prosecutors; PPP govt used it too- Trotman

Attorney-at-Law and Minister of Natural Resources, Raphael Trotman on Friday lashed back at the People’s Progressive Party’s (PPP) Gail Teixeira over her criticism of government’s moves to hire special prosecutors to help secure convictions against suspected pilferers of state assets.

“There is nothing unique about Special Prosecutors in Guyana and throughout the Commonwealth,” she said. “The previous government utilized the services of (Attorney-at-Law Anil) Nandlall with great effect and there is irregular or unconstitutional about it,” he added.

Trotman noted that Nandlall had been hired as a Special Prosecutor. “The nation has not forgotten when Nandlall led a team to prosecute Mark Benschop and others so all of a sudden this is unconstitutional but when they were doing it, it was unconstitutional,”  Trotman told Demerara Waves Online News.

He denied Teixeira’s claims of the impending formation of Special Prosecutors Unit. He explained that all that is required is for an application to be made to the Director of Public Prosecutions (DPP) for her Chambers’ duties to be delegated to a selected lawyer as a prosecutor for a particular case.

Teixeira, who is the opposition’s parliamentary Chief Whip, has said that the move to establish what she termed a “Special Prosecutions Unit” would violate the constitutional role of the DPP and the Guyana Police Force.

She has claimed that the “Special Prosecutions Unit” would be an addition the centrally directed Ministry of the Presidency-driven State Asset Recovery Unit (SARU) and the Special Organised Crime Unit to witch-hunt political opponents.

SOCU’s protocols have been recently included in the Guyana Police Force’s Standing Order.

Public Security Minister, Khemraj Ramjattan and Attorney General and Minister of Legal Affairs, Basil Williams have been tasked by Cabinet to craft recommendations for hiring the special prosecutors.

SOURCE

 

FM

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