Due to lack of legislation … SARU caught in “look but don’t touch” predicament – Dr. Thomas
Since its establishment, the State Asset Recovery Unit (SARU) has found itself caught in a “look but don’t touch” predicament. This is primarily because of the lack of legislation.
SARU Head,
Dr. Clive Thomas
According to SARU Head, Dr. Clive Thomas, the department has been able to make breakthrough discoveries when it comes to massive scales of corruption in various sectors in Guyana. He said however that in a number of cases, SARU is unable to seize ill-gotten assets because of the lack of legislation. He noted that this has been the only stumbling block to the Unit since its creation.
The SARU Head noted that if the agency wants to act or pursue certain cases it would have to go through other agencies. The anti-corruption advocate said, however, that there is much hope for the Unit being able to carry out its functions effectively very soon as its draft legislation is finally complete. He said that much help was provided in this regard by the World Bank and the United Nations.
Dr. Thomas also informed that the Ministry of Legal Affairs is expected to lead the national consultations on the draft legislation. He said that the draft was already made available to the Minister of Legal Affairs, Basil Williams.
Calls last night to Williams to ascertain when he intends to start the consultations, went unanswered.
Nevertheless, Thomas said that he is elated that the draft legislation for his department is finally completed and more importantly, that it has been given the blessings of international asset recovery and fraud specialists.
The economist hopes that the legislation will be taken to Parliament in a timely manner, at least by August.
“I am happy that this is finally finished. The experts made some extremely useful inputs to the draft legislation in terms of how we are to strengthen our security and how prosecution should be handled. The draft Bill also sees SARU getting the sort of legal backing that it needs when it comes to certain fraud cases.”
“More importantly, I must say that the work of the department under the Ministry of the Presidency is moving along effectively, but there are those who feel we are a toothless poodle and all sorts of things. These comments come particularly from the opposition.”
“I am not surprised that they are opposed to us. But let me make it clear, the international community and this coalition government understand the importance of this department, and they continue to encourage us with our work. SARU has an important responsibility, being the protector against the misuse of state assets.
“This agency is not going to let anyone who was involved in that ring get away. The full extent of the law shall be there to hold them. And it is for this reason that the Opposition makes certain comments about us and has a hateful disposition towards us. It is nothing but fear. They fear such an agency being strengthened, because they know that we are not going to tolerate the corruption that they got away with,” said Dr. Thomas.
Dr. Thomas also expressed sincere appreciation for the help being extended by Mr. Brian Horne, a specialist from the United Kingdom.
Mr. Horne, who is a Guyanese by birth, has spent most of his life in the United Kingdom. He has worked in more than 22 countries in the field of the recovery of state assets and the successful prosecution of defaulters.
Once the draft legislation receives the blessings of the House and the assent of President David Granger, Dr. Thomas said that the entity will be renamed the State Asset Recovery Agency.
