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Originally Posted by VVP:

Day gan drag dis ting aan and jail them couple months before the next elections 

VVP you got to be a big arse to think you can jail anyone for this Pradoville abuse.  The most will happen is that a court will force them to pay for all services rendered.  

 

They must be surcharged, but jail.  STEEWPS. 

 

 

Jagdeo now laughing at aweee and we are represented by the stupidest Attorney General in the history of Guyana - Basil the STUPID Williams.

 

When the AFC tell them mek Khemraj Ramjattan the AG - them seh NAH.  Now they reaping the fruits from choosing one of the most incompetent lawyers in Georgetown.

 

Even OH Nandolalal got more law sense than this FOOL.

FM
Originally Posted by KishanB:
Originally Posted by VVP:

Day gan drag dis ting aan and jail them couple months before the next elections 

VVP you got to be a big arse to think you can jail anyone for this Pradoville abuse.  The most will happen is that a court will force them to pay for all services rendered.  

 

They must be surcharged, but jail.  STEEWPS. 

 

 

Jagdeo now laughing at aweee and we are represented by the stupidest Attorney General in the history of Guyana - Basil the STUPID Williams.

 

When the AFC tell them mek Khemraj Ramjattan the AG - them seh NAH.  Now they reaping the fruits from choosing one of the most incompetent lawyers in Georgetown.

 

Even OH Nandolalal got more law sense than this FOOL.

I agree that Williams stupidee, but they can jail Jagdeo for defrauding the state.  You do not mess with the state.

FM
Originally Posted by redux:
Originally Posted by ksazma:
Most likely nothing will happen. Looks like them Coalition bais heading in the same direction as dem PPP bais. 

u, D_G and baseman . . . alyuh tenacious and transparent

 

like jagdeo promise he holding de tiefman fortune in trust for y'all since he ain't gat no pickney

Actually my comment was because the Coalition is transparent. Unfortunately for you, you refuse to see it.

 

Your second comment perhaps highlight your mindset/aspirations regarding the Coalition which may explain your vigorous excuse machine cranking.

FM

Excerpt from SN 10-15-15

 

After a legal analysis of misconduct in public office, the document said that investigations have revealed that the land was intentionally grossly undervalued at the time of transfer to benefit the cabinet members and their associates who are all public officers.

 

It charged that the actions of the former cabinet Ministers point to wilful neglect to perform their duties without reasonable excuse or justification to such an extent that it amounted to an abuse of the public trust in the office holders.

 

The lands were sold for $114 per square foot at the time, the document said.

β€œPublic officers ought to carry out their duties not for the benefit of themselves but for the benefit of the public as a whole. If they neglect or misconduct themselves by their actions in the course of their duties this may lead to a breach or abuse of the public’s trust. The act of the cabinet members for their benefit is serious enough to amount to an abuse of the public’s trust”, the document said prior to recommending action.

 

It stated that having regard to the decision in the Caribbean Court of Justice case of FLORENCIO MARIN JOSE COYE v. THE ATTORNEY GENERAL OF BELIZE the Court held β€˜.. that the former Ministers could be held liable in misfeasance for loss of public property and that the Attorney General, as the guardian of public rights, was the person entitled to institute proceedings.

FM
Last edited by Former Member

Former AG says advice to charge Jagdeo, other PPP members meant to distract from salary β€œscandal”

         
FM

 β€œIt is difficult for one to fathom how criminal charges can arise out of the transaction relating to the sales and purchase of the lands that are referred to as Pradoville 1 & 2,” adding, β€œThere is no law that prohibits anyone from getting a deal or getting things that are, you know, lower than the market price, just assuming that is the situation. So in my humble view there is absolutely no violation of the criminal law and no offense known to the criminal law of Guyana has been committed.”

He reminded that Jagdeo, having served as president, was immune from prosecution for acts committed while he held the highest office in the land. β€œSecondly, let us take Jagdeo for example, he would have enjoyed immunity from prosecution from things done during his presidency so he would have signed an agreement during his presidency, he would have purchased the lands during his presidency…he would have been immunized from any criminal charges, assuming there is any criminal charges in any evident,” the former AG said.

FM

Pradoville 2 scandal… Jagdeo not exempt from prosecution

OCTOBER 16, 2015 | BY  | FILED UNDER NEWS 

– Attorney General

Once sufficient information and evidence is gathered by his Chambers, then Attorney General,

Attorney General, Basil Williams

Attorney General,
Basil Williams

Basil Williams may institute a civil action against former Cabinet ministers. And former President Bharrat Jagdeo

Former President Bharrat Jagdeo

Former President Bharrat Jagdeo

could face prosecution, said Attorney General Basil Williams. He may be immune from prosecution for certain decisions he may have taken as president, provided these were legal actions.
Misappropriating state lands may not be within his purview, Williams said.
Questions on this front have been overwhelming. SARU confirmed with this newspaper Wednesday night that former President Bharrat Jagdeo is not exempt from the charges.
Adding his opinion on the matter, Williams said, β€œYes the Constitution does provide immunity for him but it is a question of interpretation. Already we have had cases where they (Presidents) can justify their decision if they are acting within their powers, but if they acted outside of their powers then they cannot be protected.”
He continued, β€œThe Constitution does say something to this effect about his immunity but it is all a question of interpretation in the courts. Even though you have power, you have to exercise it judiciously. And if you operate outside of it and you do so excessively, then you lose that protection.”
The Minister of Legal Affairs said that the only action that can be brought by his chambers on this matter is a civil action of misfeasance in Public Office, and once he is satisfied with it what they have gathered to make their case, his chambers will act accordingly.
β€œOnce I find that we have sufficient evidence and I believe we have , then we will pursue the case because we have former ministers who knew that they were buying state lands at an undervalued price and then sold it for a profit,” said Williams.
Yesterday, he said that he is sure that there is sufficient evidence to support a common law charge of misfeasance in public office. The charge would stem from their involvement in the Pradoville Two deal back in 2010.
He added, β€œMinisters 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.”
A report by the State Assets Recovery Unit (SARU) was forwarded to him earlier this week. The damning report recommended criminal charges for several former Cabinet Ministers who served under the Jagdeo-led administration. Commenting on the report, Williams said that the Pradoville Two deal is a clear case where former ministers obtained prime land at an undervalued price and then resold it for huge profits.
He said that the very nature of this situation is on par with others from the UK and Belize as outlined in the SARU report. He said, β€œIt is a case where they used their office to profit unlawfully and at the expense of the state.”
Williams said that while the law may state that individuals could have brought the case of misfeasance in public office before the court, the Caribbean Court of Justice extends that power from individuals to the AG.
β€œSo the AG could bring such an action but also criminal charges could be laid and that is misconduct in public office. That would be swifter while the civil side would take a while.”
The AG also made it clear that he cannot institute charges in this case as the person constitutionally empowered to do so is the DPP. He noted that while the Guyana Police Force can also institute such charges, should it act without the advice of the DPP, then she also has the power to intervene and take over the prosecutions started by the police.
β€œSARU sent its findings and I would recommend that it be sent to the Director of Public Prosecutions (DPP) and the Minister of Public Security, Khemraj Ramjattan. That would be for the criminal side.”
CONFLICT OF
INTEREST
The SARU report however lists the DPP, Miss Shalimar Ali-Hack as a beneficiary of the controversial Pradoville Two deal. The report said that on September 7, 2011, the DPP bought Lot 184 Sparendaam, ECD, Block IV, which is 0.2767 acres of land.
Asked how this looming situation of conflict of interest would be dealt with, Williams said, β€œShe would have to recuse herself in the determination of the matter.”

 

http://www.kaieteurnewsonline....pt-from-prosecution/

Mars
Last edited by Mars

Pradoville 2 expose…Jagdeo, Fmr. Ministers purchased land at 2000% below market value

OCTOBER 17, 2015 | BY  | FILED UNDER NEWS 

The Pradoville 2 lands, sold to former President Bharrat Jagdeo and several Ministers of the previous administration were undervalued by almost 2,000 per cent. They were sold at $114 per square foot. Independent appraisals have pegged the price closer to $2,250 per square feet.

Attorney General, Basil Williams

Attorney General,
Basil Williams

The State Assets Recovery Unit (SARU) has completed a report into the conversion of some 15 acres of land at Sparendaam, East Coast Demerara (ECD). The probe found that key members of the past administration were involved in transferring state lands to their names and that of their acquaintances for undervalued market prices.
The independent appraisal was conducted against 10 acres of land on which the Georgetown Marriott was built.
While that land was actually sold to Atlantic Hotel Inc (AHI) for $200M, an audit into that transaction had valued that tract of land to be worth some $980M.
This converts to $2,250 per square feet of the prime ocean front lands.
The Pradoville 2 land is located along the same strip of Guyana’s coastland, a few miles eastward.
At a rate of $114 this would mean that Government would only earn a meager $74.5M for the entire 15 acres of land set aside at Pradoville 2.
Had government sold the land at the market valueβ€”as appraised by independent evaluatorsβ€”it could have earned a $1.4B.
This figure also excludes the almost $300M which was plugged into developing the project, monies expended by the National Industrial and Commercial Investments Limited (NICIL).
According to the report prepared by SARU, the land at Sparendaam, ECD, was once deemed Communal Lands and was thereafter owned by Demerara Sugar Estates prior to independence. The report states further that after independence in 1966 the land was owned by the state until 2010 when the Central Planning and Housing Authority (CHPA) privatized the land which was then sold to a number of former ministers and associates of the Jagdeo/Ramotar regime.

Former President Bharrat Jagdeo

Former President Bharrat Jagdeo

Prior to being sold in 2010 the land was under the direct control of the Guyana Broadcasting Corporation (GBC) and the Guyana Television Station (GTV) which were later merged to form the National Communications Network (NCN).
SARU found that in 2007, NICIL was asked to facilitate the Ogle Airport Expansion programme, which β€œindicated that the tower on the land was interfering with the flight path. The tower was therefore relocated.”
This was done at a cost of $188M, an expenditure which was years later, reflected in the financial records of NCN as an investment.
NICIL also prepared a number of feasibility studies at the behest of Cabinet in 2010 for the lands to be privatized.
An additional $200M was also spent by NICIL preparing the land for its eventual sale.
Among the beneficiaries of the sale was former President, Bharrat Jagdeo, who obtained the largest plot of land.
Others, according to SARU, are Robert Persaud, the former Natural Resources Minister and Priya Manickchand, former Education Minister, both of whom have since been accused of reselling their lands in contravention of the agreement under which the lands were transferred.
Persaud reportedly transferred the title to a relative before making a lucrative sale, netting some $99M while Manickchand sold hers for $100M.

The exclusive housing scheme at Sparendaam, ECD.

The exclusive housing scheme at Sparendaam, ECD.

Others said to be in receipt of lands under the now controversial arrangement includes People’s Progressive Party (PPP) General Secretary, Clement Rohee, himself a former Government Minister; Director of Public Prosecutions Shalimar Ali-Hack; former Army Chief Gary Best and Future Developers Inc., among others.
SARU has since suggested that the former ministers could be held liable for misconduct in public office and in the absence of the requisite legislation, β€œThe Attorney General may institute proceedings against the Former Ministers.
Attorney General, Basil Williams, has since said, β€œMinisters 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 Minister of Legal Affairs said that the only action that can be brought by his Chambers on this matter is a civil action of misfeasance in Public Office, and once he is satisfied with what they have gathered to make their case, his chambers will act accordingly.
β€œOnce I find that we have sufficient evidence and I believe we have , then we will pursue the case because we have former ministers who knew that they were buying state lands at an undervalued price and then sold it for a profit,” said Williams.

Mars

I have not seen any compelling evidence that the MOH selling the properties under market value constitute a crime. Immoral and corrupted indeed but not illegal. I remember reading in one of the articles that the sale of these properties within 5 years of their acquisition is legal if the Minister of Housing approves them. If the MOH was in collusion with these property owners at the time of the sale and approved their sale (even if corrupted), doesn't that relieve the sellers of any criminal culpability? Doesn't it also relieve them of any civil culpability?

FM
Originally Posted by Tola:
Originally Posted by Demerara_Guy:

Simply news presented by a media.

 

Nothing official by the government.

Where does the media get their information, do they make it up to look stupid and lose credibility ?

 

Bai, don't look dumb, read the article again regarding the source of the information. 

They embellish.

FM
Originally Posted by ksazma:

I have not seen any compelling evidence that the MOH selling the properties under market value constitute a crime. Immoral and corrupted indeed but not illegal. I remember reading in one of the articles that the sale of these properties within 5 years of their acquisition is legal if the Minister of Housing approves them. If the MOH was in collusion with these property owners at the time of the sale and approved their sale (even if corrupted), doesn't that relieve the sellers of any criminal culpability? Doesn't it also relieve them of any civil culpability?

no

FM
Originally Posted by redux:
Originally Posted by ksazma:

I have not seen any compelling evidence that the MOH selling the properties under market value constitute a crime. Immoral and corrupted indeed but not illegal. I remember reading in one of the articles that the sale of these properties within 5 years of their acquisition is legal if the Minister of Housing approves them. If the MOH was in collusion with these property owners at the time of the sale and approved their sale (even if corrupted), doesn't that relieve the sellers of any criminal culpability? Doesn't it also relieve them of any civil culpability?

no

Why?

FM
Originally Posted by ksazma:
Originally Posted by redux:
Originally Posted by ksazma:

I have not seen any compelling evidence that the MOH selling the properties under market value constitute a crime. Immoral and corrupted indeed but not illegal. I remember reading in one of the articles that the sale of these properties within 5 years of their acquisition is legal if the Minister of Housing approves them. If the MOH was in collusion with these property owners at the time of the sale and approved their sale (even if corrupted), doesn't that relieve the sellers of any criminal culpability? Doesn't it also relieve them of any civil culpability?

no

Why?

aside from the obvious common law tort stuff, does "malfeasance," "conspiracy" and "accessory" mean anything to you?

 

what a dumb question

FM

Jagdeo and he kavakamites gun get jail

November 28, 2014 | By | Filed Under Dem Boys Seh, Features / Columnists, News 

It never good to wish people bad, but in this country, envy and spite does got people cussing de very people that dem spite. And when de people tun pun dem, people shouldn’t get vex when dem same people wish dem bad. When dem boys read what some of dem do to dem three NBS people dem couldn’t help but wish bad things happen to de three sinners. Dem wish Jagdeo bad because he was de one who start de whole thing.  If he didn’t tek out spite pun de head of de NBS all this wouldn’t happen. De man seh no to an unlawful loan and he end up getting charge. Dem wish Go Paal bad too. He is de one who tell de NBS people that bad things gun happen to dem. He was de one who had plans and when dem boys talk bout de plan fuh build de new office he run and sue. He should know that de Creatah don’t sleep and he should remember that crash pun Carifesta Avenue. De DPP lady mek de people get charge. Dem three sinners, Jagdeo, Go Paal and de DPP all mek dem people and dem family suffer suh much. Is seven years done and dem people live, some of dem by de Grace of de Creatah. One of dem seh he didn’t have rent money. Tears come to he eye when he think about he landlord, who he describe as an angel. And on top of that the man had five girl children, the smallest one was two years old. One had six months to retire. The man is now 67 and still can’t get his pension. He mudda bedridden and she get sick because she tek on she son court case. De son get off, but she still sick and de man got to support she. This man turn back and sue de wicked three for wrongful charges. Dem suh spiteful because dem got control of how de case moving in de courts. Dem got he in de witness box since February. Dem boys seh that this got to be a world record. Dem boys seh that dem know that de man gun win de case suh dem slowing it down. That is why dem boys seh that dem can understand when de Hay Heff See seh that if it get into power it gun put in laws fuh deal wid Jagdeo and he kavakamites in de PPPβ€”Piss Pun de People. Talk half and watch de wicked end up in jail.

FM
Originally Posted by redux:
Originally Posted by ksazma:
Originally Posted by redux:
Originally Posted by ksazma:

I have not seen any compelling evidence that the MOH selling the properties under market value constitute a crime. Immoral and corrupted indeed but not illegal. I remember reading in one of the articles that the sale of these properties within 5 years of their acquisition is legal if the Minister of Housing approves them. If the MOH was in collusion with these property owners at the time of the sale and approved their sale (even if corrupted), doesn't that relieve the sellers of any criminal culpability? Doesn't it also relieve them of any civil culpability?

no

Why?

aside from the obvious common law tort stuff, does "malfeasance," "conspiracy" and "accessory" mean anything to you?

 

what a dumb question

I guess you missed the part where the MOH has authority to approve those sales. It appears that trying to demean others is necessary for you to feel some sense of worth. If that gets you through the day, then by all means go right ahead. GNI can serve as your therapy.

FM

PPP/C supporters

must also condemn Jagdeo,

former ministers over Pradoville 2 land

 

Dear Editor,

The society, while examining the increased salary of ministers and parliamentarians has a responsibility to equally examine, and where possible, condemn the assigning of State property to the former president, ministers and others who benefitted from using their office to abuse the nation’s resources. None must be exempted in the new wave of citizens’ activism to hold public officials accountable.

 

The argument that Bharrat Jagdeo, in conveying to himself State property for personal use, cannot be prosecuted because he has immunity should be far from anyone’s imagination. Immunity is when you are discharging the functions of the State consistent with the laws, on behalf of the citizens.

 

To even entertain the thought that the President has immunity is to subscribe to the idea that the office holder can take money out of the Consolidated Fund to do as s/he pleases or take away your personal property.

 

The mangled interpretation of Article 182 in the Guyana Constitution came out of political opportunism and one-upmanship of the 1980s. Dragging this type of politicking into today’s reality does the society more harm than good, because in addition to it being misplaced, it offers coverage to the office holder to abuse the State’s resources and run roughshod over the citizens.

 

Laws are not made in abstract. Laws are made for the society and on some occasions they are made to rein in the excesses of people who are placed in privileged positions.Nowhere in perusing the Guyana Constitution is there any clause that says the President has the power, authority or right to arrogate to him or herself the resources of the State, violate the laws or transgress the rights of citizens in the execution of official duties.

It is basic: one cannot swear to uphold a constitution and laws and at the same time have immunity to violate them.

 

The PPP/C in responding to the revelation of the abuse of State property at Pradoville 2 for members in the upper echelons opted to treat an egregious matter of this nature flippantly by saying it is a diversionary tactic of the government to deflect attention from the increased salary for ministers and parliamentarians, which its members too stand to benefit from.

 

Let it be known, this new wave of activism in society allows the citizens the opportunity to hold public officials, be it the government or opposition, accountable at the same time.

 

As we move forward the supporters of the PPP/C must take the opportunity, that while they may condemn what this government may have done, equally they must condemn and hold Jagdeo, Donald Ramotar and the entire party leadership accountable for taking our national patrimony and abusing it. To do so is an act in reviving our democracy, making all public officials accountable to the people for their conduct in managing the affairs of State and insisting that you be treated with dignity and respect.

 

This society needs to take note that while all parliamentarians stand to benefit from the increase in salary, the PPP has not come out definitively and said it will not accept the increase or will return it to the Consolidated Fund. Unlike what the PPP is seeking to make out,this issue is not about the APNU+AFC; it is about conduct of public officials, including the PPP, who blow hot and cold at the same time, in their thrust to divide the nation for partisan political benefits.

 

The issue before us is about the management of State property, the people’s resources.

Jennifer Westford was placed before the court for the transfer of State vehicles.

Jagdeo and others must be placed before the court also.

Who are responsible must be held accountable. There must be equal treatment before the law and in the pursuit of justice for the citizens.

None is above the law and none must be exempted.

 

Yours faithfully,

 

Lincoln Lewis

FM

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