councee doing (slave) wuk

Cops probing Hughes’ ties to banned juror

- formal complaint still to be made to practitioners’ committee

October 13, 2013 · By Staff Writer · 93 Comments    Next Article »

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No steps have been taken by the judiciary to discipline attorney Nigel Hughes almost two months after it was brought to the attention of the High Court that he and the foreman of the jury in the trial of two Lusignan massacre accused once shared a lawyer-client relationship but the police are conducting their own investigations.

The police were instructed by Justice Navindra Singh to investigate the matter moments after he banned the foreman Vernon Griffith, who was called before the court on August 13.

Crime Chief Seelall Persaud recently confirmed that ranks of the Criminal Investigations Department (CID) have launched an investigation into what he described as Hughes’ breach of procedures, which were allegedly committed owing to his failure to make the full disclosure to the court. Based on what Persaud told this newspaper, the investigators may be looking to build a contempt of court case.

Nigel Hughes

Persaud said some statements have been taken and attempts were being made to make contact with some of the jury members. He said Hughes has not yet given a statement to the investigators.
Stabroek News was unable to ascertain if Griffith was among those who had given a statement.

It was after the trial had concluded on August 2, with James Anthony Hyles and Mark Royden Williams both being found not guilty of  the murders of the 11 persons killed at Lusignan in 2008, that the court was informed that Hughes had represented Griffith years earlier in a civil matter. The Director of Public Prosecutions (DPP) has since filed an appeal with respect to the outcome of the trial.

Griffith, when asked by the judge if he had ever had a case before the court, hesitated before replying in the affirmative. Asked who was the lawyer, the man said he was represented by two lawyers from the Hughes, Fields & Stoby law firm—a female and possibly Hughes himself.

The judge then informed him that he had the case file before him and Hughes was indeed his lawyer in the court. The judge then reminded him that before the commencement of the trial the court had specifically asked members of the jury if they had any connection with the defence or the prosecution they should inform the court. He asked Griffith why he did not inform the court that Hughes was his lawyer for six years and Griffith said because he did not know Hughes personally.

Justice Singh expressed the desire to hold Griffith in contempt of the court but said it was a procedure that could not be applied as the proceedings had concluded and as a result he opted for banning him from jury service for life.

In selecting the jury for the case, the court had individually questioned prospective jurors extensively.

When contacted recently, Hughes said he did not want to comment on the matter. Subsequently asked to respond to certain issues, including whether he had checked to see if it was he or his firm who had represented the foreman and the public’s view that his association with the man might have influenced the outcome of the trial, he said “the matters which you have raised are all specific grounds of appeal and hence sub judice. It would be inappropriate for me to comment in the light of the above.”

When Griffith was handed the life ban, Hughes was overseas but had told this newspaper in a correspondence that when he returned to Guyana he would check the company’s files on the representation of the foreman.
He had stressed that it was impossible for him to remember all of his clients and he questioned why only after the trial had ended that the matter was being brought to the attention of the court. Based on what the Office of the DPP said in its appeal of the verdicts of the case, Griffith was Hughes’ client from 2002 to 2008. The appeal identified Nujomo Bryan, a clerk attached to the Chief Justice’s (CJ) office, and Sergeant Wishart, a Court Orderly attached to the CJ’s office, as the persons who informed Justice Singh that they recognised Griffith as one of Hughes’ clients.

Practitioners Committee
There seems to be some dispute as to who can discipline Hughes. Some in the legal fraternity say it’s the responsibility of the Legal Practitioners Committee as provided for in the law, while others have expressed the view that the court has full jurisdiction to do so.

According to the Legal Practitioners (Amendment) Act 2010, the committee, which shall consist of no more than 14 members (12 attorneys with the Attorney General (AG) and the Solicitor General being ex afficio members) shall be charged with hearing and determining complaints against attorneys-at-law. The Registrar or any person deputed by him shall perform the duties of Secretary to the Committee.

AG Anil Nandlall in an invited comment said that any client or person aggrieved can make a complaint alleging professional misconduct against any lawyer. He noted that the Act provides that the breach of any of the code of conduct constitutes professional misconduct and added that the code of conduct is “very wide and embracing.’

According to Nandlall, the legislation further provides for any member of the committee or registrar to make a similar complaint.

Section 35 of the Act, which deals with Complaints to the Committee, states that “(1) A client or, by leave of the Committee, any other person alleging himself aggrieved by an act of professional misconduct, committed by an attorney-at-law, other than the Attorney General or a Law Officer, may apply to the Committee to require the attorney- at-law to answer allegations contained in an affidavit made by a client or other person, and the Registrar or any member of the Committee may make a like application to the Committee in respect of allegations concerning any professional misconduct or any criminal offence as may for the purposes of this section be prescribed by the Chancellor with the approval of the Bar Associations.”

It adds, “(2) In any matter or hearing before any Court, where the Court considers that an act referred to in subsection (1) has been committed by an attorney-at-law other than the Attorney General or a Law Officer, the Court may make or cause the Registrar to make an application to the Committee in respect of the attorney-at-law under that subsection and (3) Any application under subsection (1) shall be made to and beard by the Committee in accordance with rules made under section 40.”

Under Section 36, which deals with the powers of the Committee, it is stated that “(1) on the hearing of an application under section 35, the Committee may —
(a) Dismiss the application;

(b) Impose on the attorney-at-law to whom the application relates, a fine not exceeding two hundred thousand dollars as the Committee thinks proper;

(c) Reprimand the attorney-at-law to whom the application relates; or

(d) make an order as to costs of proceedings as it thinks fit, and in addition, except where the application is dismissed, the Committee may order the attorney-at-law to pay the applicant or person aggrieved a sum by way of compensation and reimbursement and any further sum in respect of expenses incidental to the hearing of the application and the consideration of the report as it thinks fit.

“(2)    The removal from the Court Roll of the name of an attorney- at-law shall not be a bar to the continuation of the hearing and determination of an application.

“(3) Where the Committee is of the opinion that a case has been made out which justifies punishment more severe than may be imposed by it under this section like suspension from practice or removal from the Court Roll, the Committee shall forward to the Chancellor and to the Attorney General a copy of the proceedings before it and its findings.

(4)    Every order made under this section shall be drawn up, settled and signed by the Registrar who shall keep a written record of all decisions and records.

(5)    Where an attorney-at-law is ordered by the Committee to pay compensation or to make reimbursement to an applicant or other aggrieved person, any compensation or reimbursement may be taken into account in the assessment of damages recoverable against the attorney-at-law in any civil proceedings brought against him by the applicant or other aggrieved person in respect of any act or default which was the subject matter of the application which gave rise to the order of the Committee.”

The Act also details all the administrative arrangements in place for the Committee as well as the procedure on application for removal from the Court Roll and the suspension of practice by order of court among other issues.

Nandlall, in his interview with this newspaper, stressed that the Act is very wide and open for complaints to be made and he noted that even the relatives of a deceased person for example can make a complaint or the committee members themselves, including him. “If the AG is to make such a complaint the first utterance that will emanate is that the AG is engaging in political persecution and politics will be attributed as the singular motive inspiring any action which the AG may wish to take,” he stressed.

While citing the recent attack on Town Clerk (ag) for moving to the court to recover millions of dollars in rates from delinquent businesses, Nandlall said that “whenever the law is being enforced persons are contaminating the legal process with political motive.”

He said that one ought to look at the response of the Guyana Bar Association as well as the Guyana Women’s Lawyers Association with respect to the Hughes’ matter. According to Nandlall all he did was to request a reaction in the form of a statement from them as stakeholders since their silence could be interpreted as lending “support to the allegations of egregious misconduct committed during the course of a murder trial.” However, he said that the response of both bodies was one that sought to “attack me but the public remains the judge.”

According to Nandlall, the court had been informed of improper relations between the foreman of a jury and a defence counsel. “Unfortunately based on the information I read in the press, it appears as if this disclosure to the court was made ex post facto the trial. The court would become functus officio rendering it impotent to revisit the concluded matter.” He said that it is now only for an appellate tribunal to review what had transpired and determine whether that which allegedly took place actually took place and if it did whether it was unlawful and consequently resulted in a miscarriage of justice.

excepts from the stabroeknews

councee doing (slave) wuk . . . mouth and knees healing

how much longer before the dacta seh u can strap back on dem kneepads, eh?

This is the type of people mitjuanita and the pedophile crew want to run Guyana. Unethical bastards, could you imagine what would have happened to Nigel if he did the same in the US? Disbarred for sure as well as jailed!

Nigel is finished. He acted as he was above the law. Karma finally caught up with this AFC/PNC thug.

idiot . . . as usual, u know little to nothing about the subject yet feel compelled to bray

The outcome of the case would not have been any different. This is what CID shpuld investigate.

NDIA alleged fraud…CEO approves millions in illegal spending

An audit report for April 5 to September 30, 2012 has fingered National Drainage and Irrigation Authority (NDIA)’s Chief Executive Officer in a scheme involving the approval of millions in illegal payments.
The report, which was prepared by the then Field Auditor, Pablo Singh, stated that funds, released under the Community Drainage and  Improvement Project (CDIP), were misappropriated by the Chief Executive Officer, Lionel Wordsworth, and that even the Minister of Agriculture benefited from the fraud.

Minister Leslie amsammy

CDIP was established in 2006 by the Caribbean Development Bank to the tune of US$5.050M ($1billion). The programme was funded in 2007 directly through the Ministry of Finance, with a sum of $800M and shifted to the Ministry of Agriculture under NDIA.
According to the report, which was seen by Kaieteur News, no financials for NDIA was prepared reflecting the expenditure of the project. NIDA is required to maintain its own accounting records and is subject to separate reporting and audit.
It was recommended that financial statements for NDIA should be immediately prepared monthly, including CDIP’s releases and expenditure and supporting systems put in place so that the NIDA Act of 2004 is complied with.
Singh, who was dismissed last year from NDIA for breaching protocol by sending the damning audit report to President Donald Ramotar, discovered a series of financial irregularities in the operations of the entity. Singh had recommended the dismissal of Wordsworth and a Senior Engineer Aneel Chowbay. Besides the non-renewal of Chowbay’s contract, no other action was taken at the entity.
Payment to MMA
The report stated on May 28, 2012, $2M requested by the Accountant was approved by the CEO and paid to Mahaica/Mahaicony Abary Agricultural Development Authority (MMA-ADA), Region Five, without any documented reason, appropriation or a request from the Region.
It was noted that a CDIP staff and the Accountant signed an MMA-ADA receipt as receiving the $2M cheque, instead of a designated MMA-ADA staff on June 1, 2012.
The report stated the Accountant and an individual, who was identified, confirmed no works were done, but MMA-ADA claimed $7.8M on February 24, 2013 and March 29, 2012 for the month of February 2012.
The Region was asked by Wordsworth to suspend works for the month of February due to cash flow problems.

Lionel Wordsworth, CEO

“It is audit’s opinion that this disbursement by CDIP approved by the CEO-NDIA was illegal since no work was done,” the report stated.
Breach of Procurement Act
Singh reported that the procurement process was breached by NDIA deliberately sole-sourcing Phoenix payroll application from Phoenix Software for $825,000 on January 19, 2012, instead of utilizing the open tendering process. “It must be noted that there are other providers of payroll applications available at the time,” the report said.
Though there should be no negotiations between the procuring entity and bidders, NDIA re-negotiated with Phoenix Software, resulting in the procurement of the application for $799,000. “It is audit’s opinion that the breach of the Procurement Act 2003 and findings under this section were fraudulent by manipulating the open tendering/quotation procurement process avoiding the review and approval of NPTAB,” the report stated.
Minister Ali Baksh
According to the report, $10,000 of the CDIP funds was used to cover transportation costs for two truck-loads of items from Food for the Poor to Minister within the Ministry of Agriculture Ali Baksh’s residence in Campbellville. The request for payment was done by the Ministry’s Permanent Secretary, George Jervis and approved by Wordsworth.
Minister Dr. Leslie Ramsammy
The report revealed that office furniture for Dr. Ramsammy’s office, costing $402,000 was illegally paid to Starcomm using CDIP funds. The CEO who approved the payment explained that the Permanent Secretary submitted the request.
Payments to New Thriving Restaurant
Singh’s audit unearthed that a sum of money, reportedly spent on a technical meeting under the CDIP, was actually spent for a farewell function and personal use.
The report revealed that payment of $70,000 was incorrectly made using a quotation for dinner to New Thriving Restaurant via cheque dated August 14, 2012. The dinner was for participants attending a meeting with technical staff and overseas visitors on the said date.
The Company Secretary, who was responsible for the payment of the bill, allegedly made an additional claim of $36,618 and deliberately stated the expenses were for the technical meeting.
The report said a breakdown of the total cost of $106,618 revealed that $45,702 was spent on August 14 and $2,538 and $58,378 were spent on August 17 and 24.
It was noted that upon inquiry on September 9, the Company Secretary admitted that the monies were utilized for an attachment staff’s farewell and $2,538 was used for his personal expense and proceeded to refund the money the next day.
“It is audit’s opinion that (name given) Company Secretary made an attempt to pay his personal bill using CDIP’s fund and misrepresented the additional costs by stating the monies were for the technical meeting.
Singh had recommended, “Disciplinary action should be taken against the Company Secretary for his initial misrepresentation of expenses subsequently corrected upon audit’s intervention."

ow bai, me just deh hay in meh carna wondering how yuh bt augmentation dacta search coming along

i hear Kwame offer to cover all yuh servicing commitments @ Freedom House while yuh bt heals . . . he just hoping dat you doan opt to go bigger dan he and become yuh-know-who favorite

Chairman of the Alliance for Change (AFC), Nigel Hughes, was appointed as the ‘Secretary’ of the Amaila Falls Hydro Inc., the Special Purpose Vehicle/Company created for the development, construction and operation of the US$858M Hydro Power plant.
Executive Member of the AFC, Cathy Hughes, the wife of Nigel Hughes, as recent as yesterday issued a press statement in which she was identified as the Public Relations Officer for Sithe Global, locally.
Party Leader Khemraj Ramjattan, when contacted said that he was aware that Hughes has an association with the company but said he did not know that he was Company Secretary.
 
 
Excerpts from the Kaieteurnews

TK and chayla Mitwah ready to embrace Granger. Mitwah can't recover from the shock that he boy TK jumped ship. 

An audit report for April 5 to September 30, 2012 has fingered National Drainage and Irrigation Authority (NDIA)’s Chief Executive Officer in a scheme involving the approval of millions in illegal payments.
The report, which was prepared by the then Field Auditor, Pablo Singh, stated that funds, released under the Community Drainage and  Improvement Project (CDIP), were misappropriated by the Chief Executive Officer, Lionel Wordsworth, and that even the Minister of Agriculture benefited from the fraud.

Minister Leslie amsammy

CDIP was established in 2006 by the Caribbean Development Bank to the tune of US$5.050M ($1billion). The programme was funded in 2007 directly through the Ministry of Finance, with a sum of $800M and shifted to the Ministry of Agriculture under NDIA.

councee doing (slave) wuk . . . mouth and knees healing

how much longer before the dacta seh u can strap back on dem kneepads, eh?

Payment to MMA
The report stated on May 28, 2012, $2M requested by the Accountant was approved by the CEO and paid to Mahaica/Mahaicony Abary Agricultural Development Authority (MMA-ADA), Region Five, without any documented reason, appropriation or a request from the Region.
It was noted that a CDIP staff and the Accountant signed an MMA-ADA receipt as receiving the $2M cheque, instead of a designated MMA-ADA staff on June 1, 2012.
The report stated the Accountant and an individual, who was identified, confirmed no works were done, but MMA-ADA claimed $7.8M on February 24, 2013 and March 29, 2012 for the month of February 2012.
The Region was asked by Wordsworth to suspend works for the month of February due to cash flow problems.

Lionel Wordsworth, CEO

“It is audit’s opinion that this disbursement by CDIP approved by the CEO-NDIA was illegal since no work was done,” the report stated.

If there is a crime people should go to jail. 

Based on their posts and vulgarity, it seems that some AFC top brass members display sexual deviancy. Their behaviour is disgraceful and distasteful. Redog is the chief of these very sick men.  

Guyanese will Never allow these very sick minds to rule them. 

You all learn from this when Greenidge was Finance Minista the country was the poorest in the Western Hemisphere.

The AFC are in their twilight years, a truth the AFC handlers desperately fights, it would require a Mammoth's task for the AFC to even secure 2 two at the next General Elections

RIP. AFC.

They are now in the political graveyard with ROAR.

Is Cathy Hughes above public scrutiny?

September 4, 2013 · By Staff Writer · 10 Comments    Next Article »

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Dear Editor,

Perception is everything in politics. Mrs Cathy Hughes being on the payroll of Sithe Global and making decisions in the AFC on Sithe does not seem right.  I as an ordinary person have forgiven Mr Nigel Hughes since he did the honourable thing and resigned from one of the entities he has been involved in, and even issued a public apology.

However, none of this was forthcoming from Mrs Cathy Hughes and it has been a month now.  Is she above public scrutiny?

Yours faithfully,
(Name and address provided)

extracted from the stabroeknews

ahmmmm, yugee . . . suh who is this "redog" person causing u & rev such agita

har de har har har hr har har har har har har har

Roar is a squeak, a bird without a beak!

I support this investigation against Nigel Hughes. As an attorney, he is fully knowledgeable about the consequences of jury tampering that resulted in an acquittal of murderers. I am very disappointed with some of you who live in the United States and Canada that know better than to support Hughes's obstruction to justice. This is not politics; this is breaking the law and suffers the victim's family all over again.

Nigel Hughes should have been charged for evidence tampering

Posted by: GNNL in LETTERS August 14, 2013 0 1 Views

A LONG time ago in this very news medium, (Chronicle), I warned that Nigel Hughes will become too big and will make rings around the PPP/C Government and the judicial system since he (allegedly) tampered with evidence in the Buxton Gas Station murder when he removed a surveillance tape.

Nigel Hughes in that case should have been brought to justice for evidence tampering, since if it was an ordinary citizen, or I, we would be sitting in jail.
?
Justice Navindra Singh (Tuesday) morning banned the foreman of the jury in the recently concluded Lusignan massacre trial because he did not disclose to the court that he had a lawyer-client relationship with one of the attorneys-at-law, Nigel Hughes, who had represented one of the two accused who were subsequently found not guilty.

The same Nigel Hughes who was the main cause of ‘thugs’ blocking the Agricola Public Road, where East Indians were beaten, robbed and sexually molested.

Nigel Hughes has no ethics and in the minds of many Guyanese, he is seen as a criminal himself.
In the Linden inquiry, the commissioner had to rebuke Nigel Hughes and he withdrew without an apology. He also failed to disclose his connection to the Amaila Falls fiasco.

He resigned from the AFC, pulling the hood over apparent impropriety.
Nigel Hughes failed again to disclose his connection to the jury foreman allowing two alleged murderers to walk free men.

Mr Editor, I am once again urging you to urge the PPP/C Government to scrap the ‘jury system’ in Guyana.
Let a three-judge panel decide the faith of those charged. One can only imagine the ‘intimidation’ that goes on in the jury room. Many Guyanese made it known they are very much afraid to be sitting on a jury in Guyana. There is a fear of others knowing how they vote especially on ‘guilt’. It is felt that most of these criminals that are charged and brought before the court, in many cases, they have someone employed and/or connected to the police, army, judiciary or Opposition politicians.
‘Wake up’ and ‘Shake up’ Guyana, once and for all.

excerpts from the Guyanachronicle

suh, lemme get this straight . . . u urge and "support this investigation against Nigel Hughes," but you already know that he obstructed justice, broke the law and, consequently, you are "disappointed . . ."

yet u claim "this is not about politics" . . . har de har har har har har har harrr!

suuure, dumbasss

The fact that the AFC failed to condemn the actions of Mr.Hughes, shows the grave conflict of interest that lies within that political gathering.

councee, stepping out of his handler's box, showcases his near illiteracy

The Guyanese populace has seen Mr.Hughes  of who he really is......a rank opportunist

the insipid 'one-liners' will keep coming until u get a new feed from OP . . . nah suh bai?

but keep up de slave wuk, that's all you are qualified to do . . . after all, it's what keeps bread on your table and a roof over your head

It is still second from t he bottom despite the benefaction of of Western nations that was absent when the PNC was in power. We now owe as much if not more the amount of two decades ago ( not taking into account the cost of money now to then) and still nothing to show except two pradovilles. And none of our industries are functioning. We are pawning our future on the sale of our non renewable resources. ( that did not happen in the PNC era)

Our people are still 40% in deep poverty with another 20 percent teetering on the line. This in light of 400 million remission that was also absent in the PNC era. What we have with the PPP is simply crony capitalism of the Markos and Suharto vintage.

"Danyeal" and all the AFC handlers are trying their best to derail the thread away from Nigel Hughes, they preach against corruption and conflict of interest,etc, the very things they accused other party (s) of are right under their noses, no wonder the list of defectors are rapidly growing.......the AFC is damage beyond repair, a place is reserve in the political cemetery for the  AFC.

Breach of Procurement Act
Singh reported that the procurement process was breached by NDIA deliberately sole-sourcing Phoenix payroll application from Phoenix Software for $825,000 on January 19, 2012, instead of utilizing the open tendering process. “It must be noted that there are other providers of payroll applications available at the time,” the report said.
Though there should be no negotiations between the procuring entity and bidders, NDIA re-negotiated with Phoenix Software, resulting in the procurement of the application for $799,000. “It is audit’s opinion that the breach of the Procurement Act 2003 and findings under this section were fraudulent by manipulating the open tendering/quotation procurement process avoiding the review and approval of NPTAB,” the report stated.

Mitwah is trying his/her best to derail this thread away from Nigel Hughes by continually throwing red herrings into the forum.......its an obvious sign of desperation.

Minister Ali Baksh
According to the report, $10,000 of the CDIP funds was used to cover transportation costs for two truck-loads of items from Food for the Poor to Minister within the Ministry of Agriculture Ali Baksh’s residence in Campbellville. The request for payment was done by the Ministry’s Permanent Secretary, George Jervis and approved by Wordsworth.