I was reading a piece in KN today, and was surprised by the legal case made in the following:

What does the law say?
Two weeks back in Guyana’s history, the name Charrandass Persaud was no household one. As a backbencher in the National Assembly, Persaud was not even considered to be one of the better known politicians.
But all of that changed when he voted against his own government and with the People’s Progressive Party Opposition on a Bharrat Jagdeo-sponsored No-Confidence Motion.
That vote was made on December 21, last. Today, the smallest child knows the name “Charrandass.”
Everywhere and every day, “Charrandass” is the conversation. One of the popular speculations highlighted in many of these conversations is the possibility that Persaud might have taken money to vote the way he did.
Speculation heightened when the People’s National Congress Reform (PNCR) said that it is gathering evidence to prove “bribery” and will be making a police report.
The logical spin off from that speculation is whether such an occurrence is illegal. Yesterday, two attorneys at law weighed in on the matter, presenting different legal opinions.

LEGAL

Attorney at Law, Roysdale Forde

Sanjeev Datadin’s opinion is that such an act is not bribery and cannot be considered illegal. Datadin was firm in his opinion.
He said, “There is no criminal offence and there could be no criminal charge because under the statute (Criminal Law Offences Act), the meaning of public official does not apply to a parliamentarian.
He said that whether a parliamentarian can be bribed is distinct from whether a politician can be bribed.
Datadin said that bribing a parliamentarian was looked at in England repeatedly.
He said, “In the 1969 Salmond Report, it was concluded that it is not an offence to give money to a parliamentarian. There is no offence at common law or statute. Parliamentarians were not public officials within the meaning of the criminal statutes.”
Datadin said that it would be more of a lobby. He said that lobbying is not illegal.
Datadin noted that lobbyists in the United Kingdom and the United States are allowed to pay a parliamentarian to put a bill.
Datadin said that there have been cases where British Members of Parliament were paid £1000 to take a Bill to the floor of the House of Commons.
However, he said that in the United States, one has to register as a lobbyist and the money paid has to be declared.
The Lawyer said, “These (UK and US) are two very sophisticated legal systems. Those systems have proper offices and are able to track and trace. We have a primitive tax system. We basically earn by taxing the ports…we do not do anything about what is generated within.”
He continued, “Under our law, whether or not an MP was paid is not illegal”
Further, Datadin said that even if it were illegal, it may be almost impossible to establish that a bribe was passed.
Datadin also lent his opinion that government officials are blowing hot air. He said that he noted comments in the press attributed to Prime Minister, Moses Nagamootoo and PNCR Official Aubrey Norton to the effect that a bribe was passed.
“I read that they have all this proof, but they are not saying anything.”
Datadin said, “I have no doubt in my mind that if there was any irrefutable evidence, it would have been out in the public domain front and center; it would have been everywhere.”
Datadin said, “The assertions are made up of nebulous hearsay, working on people’s imaginations.