Forensic audits…Delay in laying charges will send mixed signals

Jun 06, 2016 News 0 Comments

 – TIGI President

Since being announced last year, forensic audits have been carried out into 50 state agencies and projects.
Out of those 50, some 30 have been released to the public with the first one, the National Industrial and Commercial Investment Limited (NICIL) report, released in February.
But Transparency International Guyana Institute (TIGI) President Troy Thomas feels that the delay in instituting charges may cause others who might be engaged in corruption to doubt the seriousness of the authorities in taking action.
In a recent interview, he acknowledged that while it could not yet be definitively said that any of the principals named in the forensic audits were guilty, the evidence contained in some should form the basis for suggesting criminal charges.
“For me, it was disappointing to hear that there may not be prosecutions based on the evidence,” Thomas said. “I’m not a legal authority, but it seems clear in some instances that there was wrong doing. And I would reiterate that corruption is meant to be hidden.

Attorney General Basil Williams

SARU head Dr. Clive Thomas

TIGI President Troy Thomas

“Therefore the evidence you see will be but a small (portion) of what really transpired. I think they really need to evaluate it closely… Insofar as there are no consequences, people don’t feel deterred in any way.”
He made it clear that the administration needs to demonstrate it was serious in going after corruption. Thomas said that this was not a partisan position, because if it is a matter of state resources (as it was in most of the audit reports) then it should concern every citizen.
“Everybody should want something to be done about misuse of the public funds. We can’t continue to have a case where people feel they can do whatever they want with state resources. We are not going to progress that way.”
Minister of Public Security Khemraj Ramjattan had recently stated that efforts to bring those responsible for financial transgressions to justice were being delayed by fearful witnesses. He had lamented the absence of a witness protection programme.
“A lot of the witnesses that gave their evidence to the auditors are scared like hell to give their evidence to the police now, knowing that those fellows that they might bring to court know that they can suffer at their hands,” he said.
Ramjattan had gone on to state, however, that the administration would never allow stolen monies to remain with those who had stolen. Reiterating that they will be recovered, he had pointed to the establishment of the State Assets Recovery Unit (SARU).
SARU head Dr. Clive Thomas, in his turn, has had cause to lament that SARU is in a “look but don’t touch” scenario.  He had stated that while breakthrough discoveries had been made, SARU is unable to seize assets because of the absence of its legislation.
Attorney General Basil Williams had indicated during a press conference last week that the draft SARU legislation is currently at his chambers and would be reviewed, in collaboration with the unit. He had also indicated that legislation such as the draft Protected Disclosures (Whistleblower) 2015 and the witness protection bill would soon be put out for public consultations.
At least two audit reports- the NICIL report, compiled by Anand Goolsarran and the Guyana Marketing Corporation compiled by Saykar Boodhoo- have been clear in recommending criminal charges against those who had dealings with the agencies.