October 19 ,2020
The Director of Public Prosecutions (DPP) has discontinued the 2017 charges previously instituted against now-Attorney General Anil Nandlall over his alleged theft of law reports valued in excess of $2 million.
In a letter from DPP Shalimar Ali-Hack SC to Magistrate Fabayo Azore who was conducting the trial at the Georgetown Magistrate’s Court, the DPP informed the Court that the matter was no longer being pursued.
The letter signed by Ali-Hack which was seen by Stabroek News stated that in the exercise of powers conferred on her (Ali-Hack) by Article l87 (1) (c) of the Constitution, the charges were being discontinued.
Nandlall had faced charges of larceny by Bailee for books he was accused to have fraudulently converted to his own use when he was Attorney General (AG) under the People’s Progressive Party/Civic (PPP/C) Administration which was voted out of office in May of 2015.
The charges were instituted against Nandlall after the A Partnership for National Unity + Alliance For Change (APNU+AFC) took office in 2015.
The PPP/C is however, currently back in power having been declared winners of the March 2020 polls. Nandlall is once again serving as AG under the current Administration.
The allegation against Nandlall had stated that between May 8th, 2015 and May 29th, 2015, at Georgetown, being a Bailee and Attorney General and Minister of Legal Affairs and having 14 law reports valued at $2,313,853 belonging to the legal affairs ministry, he fraudulently took or converted the reports to his own use and benefit.
The books—Commonwealth Law Reports were in Nandlall’s possession from 2012 to May, 2015 which according to him the PPP/C government had purchased for him as a condition of his employment to serve as AG under its administration.
He had said that the reports were purchased for him based on an oral arrangement that he had with the then President Donald Ramotar as a condition for his taking up the post.
Following the PPP/C taking office two months ago, Prosecutor Patrice Henry of the Special Organized Crime Unit (SOCU) which had brought the charges against Nandlall had explained to Stabroek News that given the change in government and Nandlall being appointed AG, the prosecution would have been reviewing and reconsidering the way forward.
Notwithstanding an application which Nandlall had at that time pending before the Caribbean Court of Justice (CCJ) for a stay and or dismissal of the charges levelled against him, Henry had said that the prosecution would have been taking steps to consult with stakeholders, including the DPP, on the way forward.
Following a decision by the Court of Appeal last December to dismiss an appeal filed by him, Nandlall in January had informed Magistrate Fabayo Azore that he would be challenging the decision at the CCJ.
He subsequently asked the Magistrate to adjourn the case before her until the ruling of the CCJ and promised that if the CCJ dismisses the appeal he would be prepared to lead his defence which she had previously called on him to do after finding that a prima facie case was made out against him.
Henry at that time had advised Nandlall that if he wanted the matter to be adjourned until the CCJ makes a decision, he should apply for a stay.
Nandlall had then responded that he would need six weeks to get a stay, further stating at the time, that there was already an application before the Court of Appeal which was set for January 28th, 2020.
Nandlall had said that when he demitted office in 2015, he informed then Attorney General Basil Williams of the books and the circumstances under which they were acquired. At that time, Williams did not raise any queries, he had said.
After being contacted by Williams on the matter, Nandlall had said that he sent written correspondence to him detailing his acquisition of the said books.
Following his correspondence to the Auditor General, he said President Ramotar also subsequently wrote the Auditor General confirming that the books were a part of the condition of his service.
According to Nandlall at all material times the subscription for the reports was in his name and all proprietary rights and interest in and to them were vested in him.
“The said Commonwealth Law Reports were sold and shipped to me in my personal capacity and not in my capacity as the Attorney General and Minister of Legal Affairs and therefore, the State of Guyana has no proprietary rights or interest therein and any forfeiture, seizure, detention or confiscation thereof would be unlawful and against my fundamental rights and freedoms,” he had argued.
