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FM
Former Member

A recent ruling of the High Court during which a case challenging the constitutionality of government depositing proceeds from the lottery into a Development Fund popularly called the “Lotto Fund” was dismissed and it exposes a long peddled lie by the political opposition which they used to perpetuate their corruption myth.

In dismissing the challenge brought by A Partnership for National Unity’s (APNU) Desmond Trotman the presiding Judge found that the deposit of the monies in the Development Fund of Guyana (Lotto Fund) is in accordance with Article 216 of the Constitution, the provisions of the Fiscal Management and Accountability Act and the Lotteries Act, thereby vindicating the Government’s position. For years the PNC(now APNU) and AFC through their various mouth-pieces peddled the notion that the government was engaged in some form of illegal act and listed this so-called illegality whenever the topic of corruption became a discussion.

It is thus therefore not surprising that the corruption crusaders in the opposition media and the other opposition proponents that are usually vocal have been very silent on this ruling. Had the Judge's decision gone the other way one could only have imagined what the front pages of the Kaieteur and Stabroek News would've looked like. Instead we have to settle for a mere passing mention in some obscure section of these self titled 'independent' dailies.

 

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The Attorney General, Anil Nandlall said that Justice Diane Insanally dismissed  legal proceedings filed by Trotman which challenged the constitutionality and legality of the government’s deposit of lottery proceeds into the Lotto Fund. 

He explained that the Court, in dismissing the matter, found that the deposit of the monies in the Development Fund of Guyana (Lotto Fund) is in accordance with Article 216 of the Constitution, the provisions of the Fiscal Management and Accountability Act and the Lotteries Act, thereby vindicating the Government’s position.  “The administration hopes that this would put this matter to rest,” he added. 

Nandlall urged the Opposition to take more of those issues with which they have difficulties to the Court for resolution rather than using them in the Press and elsewhere to perpetuate their self-induced perception of lack of transparency and accountability in Government’s business and to lend sustenance to their omnipresent zombie of corruption in all spheres of Governmental activities. 

Following is the remainder of the Attorney General’s statement: 

The Judge ruled that the challenge was misconceived, struck it out and ordered the Applicant, Desmond Trotman to pay to the Respondent, the Attorney-General $50,000.00 (fifty thousand dollars) in costs.  

Trotman was represented by Mr. Miles Fitzpatrick, S.C. and Mr. Christopher Ram.   For several years now, Opposition politicians and critics of the Government including, Mr. Christopher Ram, a Chartered Accountant and Mr. Anand Goolsarran, a former Auditor General, have been heavily critical of the Government on this issue of depositing money in the “Lotto Funds” as opposed to depositing same directly into the Consolidated Fund.  

The Government’s contention has always been that it is perfectly lawful and proper and constitutional to place those monies in a fund separately and apart from the Consolidated Fund.  Mr. Carl Greenidge had moved a Motion in the Parliament last year seeking to compel the Minister of Finance to deposit these monies directly into the Consolidated Fund contending that it was unlawful and unconstitutional to deposit it elsewhere. 

In the debating this Motion in the National Assembly the Government argued that the Motion was misconceived and that the provisions of the Fiscal Management and Accountability Act, Article 216 of the Constitution and the Lotteries Act permit those monies to be keep outside of the Consolidated Fund and in a Development Fund. Using their one seat majority, however, the Opposition passed their Motion.  

These were the identical issues raised by Mr. Trotman in the legal proceedings.  He posed to the Court for determination, the following issues:- 

  1. (1)Whether Article 216 of the Constitution and sections 21 and 38 of the Fiscal Management and Accountability Act 2003 require all monies paid to the Government of Guyana by the Guyana Lottery Company Limited under an agreement made between the said Government and Canadian Bank Note Limited and/or the Guyana Lottery Company for the conduct of a lottery in Guyana to be paid into the Consolidated Fund. 
  1. (2)Whether the monies received by the Government of Guyana from the Guyana Lottery Company Limited ought to have been paid in the past and ought to be paid in the future into the Consolidated Fund. 
  1. (3)A declaration that the failure of the Government to pay into the Consolidated Fund all the monies received from the Guyana Lottery Company Limited (GLC) under the said agreement is unconstitutional and illegal. 
  1. (4)A declaration that the expenditure by the Government of Guyana of monies received from the Guyana Lottery Limited without the authority of Parliament is unconstitutional and illegal.
FM
Originally Posted by albert:

A recent ruling of the High Court during which a case challenging the constitutionality of government depositing proceeds from the lottery into a Development Fund popularly called the “Lotto Fund” was dismissed and it exposes a long peddled lie by the political opposition which they used to perpetuate their corruption myth.

 

You know damn well it is a fact. But with a legal system where corrupt judges preside in the high court there is no chance in hell to obtain any kind of ruling against the government. The regime that you are part of is corrupt to the core. Why were you not prosecuted for rape even though the evidence was there?

Mr.T
Originally Posted by albert:

A recent ruling of the High Court during which a case challenging the constitutionality of government depositing proceeds from the lottery into a Development Fund popularly called the “Lotto Fund” was dismissed and it exposes a long peddled lie by the political opposition which they used to perpetuate their corruption myth.

In dismissing the challenge brought by A Partnership for National Unity’s (APNU) Desmond Trotman the presiding Judge found that the deposit of the monies in the Development Fund of Guyana (Lotto Fund) is in accordance with Article 216 of the Constitution, the provisions of the Fiscal Management and Accountability Act and the Lotteries Act, thereby vindicating the Government’s position. For years the PNC(now APNU) and AFC through their various mouth-pieces peddled the notion that the government was engaged in some form of illegal act and listed this so-called illegality whenever the topic of corruption became a discussion.

It is thus therefore not surprising that the corruption crusaders in the opposition media and the other opposition proponents that are usually vocal have been very silent on this ruling. Had the Judge's decision gone the other way one could only have imagined what the front pages of the Kaieteur and Stabroek News would've looked like. Instead we have to settle for a mere passing mention in some obscure section of these self titled 'independent' dailies.

 

 Simply because the courts rule on a law does not mean it is the right thing. The PPP using the lotto funds as their personal slush fund is outright crookedness. They created this law to suit them. I am sure the Opposition will not seek ways to overturn it.

FM

The joint opposition is merely looking to remain politically relevant in the society, the 10th Parliament has been the least successful in Guyana's history thus far, and the Guyanese Populace has been very disgruntled by the stance of the joint opposition

FM
Originally Posted by Conscience:

The joint opposition is merely looking to remain politically relevant in the society, the 10th Parliament has been the least successful in Guyana's history thus far, and the Guyanese Populace has been very disgruntled by the stance of the joint opposition

 If the joint opposition with a majority in parliament; who but constitutional glitch implanted  by a dictator would be in office; is doing what they do to remain relevant; what is the minority carpetbagger PPP doing?....But we know; trying to retain their leech sources to the teat of the nation's milk supply! 

FM
Originally Posted by Conscience:

Its time the joint opposition get their acts together, stop playing partisan politics and work along with the administration in the interest of all Guyanese

Partisan politics is by definition affirming you are above the legislature and independent of its decree. It is demanding unaccountable authority over the nations funds and using the same as if it is your grand fathers money. That defines the PPP

 

The bull shit platitudes about non partisanship does not exist for the Administration. It never exists for totalitarian bent curruotocrats,

FM
Originally Posted by Conscience:

The joint opposition is merely looking to remain politically relevant in the society, the 10th Parliament has been the least successful in Guyana's history thus far, and the Guyanese Populace has been very disgruntled by the stance of the joint opposition

SHEER EXPECTED BULLSHIT!!!!

All this coming from a  ..eer expected bullshitter.

cain
Originally Posted by Mr.T:
Originally Posted by albert:

A recent ruling of the High Court during which a case challenging the constitutionality of government depositing proceeds from the lottery into a Development Fund popularly called the “Lotto Fund” was dismissed and it exposes a long peddled lie by the political opposition which they used to perpetuate their corruption myth.

 

You know damn well it is a fact. But with a legal system where corrupt judges preside in the high court there is no chance in hell to obtain any kind of ruling against the government. The regime that you are part of is corrupt to the core. Why were you not prosecuted for rape even though the evidence was there?

High Court dumps Attorney General's parliamentary committees case

http://www.demerarawaves.com/i...committees-case.html

FM
Originally Posted by Stormborn:
Originally Posted by albert:

 

 Simply because the courts rule on a law does not mean it is the right thing. The PPP using the lotto funds as their personal slush fund is outright crookedness. They created this law to suit them. I am sure the Opposition will not seek ways to overturn it.

What a dolt!

FM
Originally Posted by albert:
Originally Posted by Stormborn:
Originally Posted by albert:

 

 Simply because the courts rule on a law does not mean it is the right thing. The PPP using the lotto funds as their personal slush fund is outright crookedness. They created this law to suit them. I am sure the Opposition will not seek ways to overturn it.

What a dolt!

 I know that is your view. The courts are about laws and rules. The legislature is about making those laws and rules. If the government takes the offense to infringements of rule crafted in a dictatorship  with a  dictators cooperative then the legislature will have to address that.

 

I suggest you examine the way the civil rights movement at home and in the US took apart odious laws. Do you think the rule banning hindus from ever being able to be married by hindu rites were just? How about struggle for universal suffrage.  Those that struggled agains these things  lost many times but in the end, just laws evolved.

 

The conundrum is the PPP say it is outside the legislature so that has to be addressed. 

FM

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