The offence of misconduct in public office carries a maximum penalty of life imprisonment. It is what is known as a ‘common law’ offence and is triable on indictment. This means that it is is derived from judge-made law of England which Guyana has legally inherited. And it is triable by jury. The maximum penalty suggests that it is regarded as a very serious offence.
While the offence can be traced back to the 13th century, a definition, given by Chief Justice Lord Mansfield in the 1783 case of R v Rembridge emphasized its importance: “…. first that a man accepting an office of trust concerning the public, especially if attended with profit, is answerable criminally to the King for misbehavior in his office; …. Secondly, where there is a breach of trust, fraud or imposition in a matter concerning the public, though as between individuals it would be actionable, yet as between the King and the subject it is indictable. That such should be the rule is essential to the existence of the country.”
Tit for tat politics have arrived with a vengeance. The APNU+AFC police has charged PPP supporters and the PPP has struck back by charging APNU supporters. The charges against former members of the past PPP/C administration will be seen as a political vendetta and will kill any possibility of movement towards a political solution.
Reports broke on April 12 that former Minister of Finance and Chairman of NICIL, Ashni Singh, and former NICIL Head, Winston Brassington, were jointly charged in absentia by the Special Organised Crime Unit (SOCU) with three counts of misconduct in public office between December 2008 and May 2011 contrary to the common law. They were charged for: firstly, having sold 4.7000 acres of Government owned land at Liliendaal to Scady Business Corporation for $150M when they knew that it was valued at $340M by Rodrigues Architects; secondly, having acted recklessly in selling to National Hardware Guyana Limited in December 2008 Government owned land at Turkeyen for $598,659,398M without procuring a valuation; and, thirdly, having sold 10.002 acres of land at Turkeyen to Multicinemas Guyana in May, 2011, for $185M without procuring a valuation.
This article below was first published in June, 2014, in a different political era. The recent shooting by the Police of three men on the seawall demonstrates the continuing relevance of the issues discussed at that time. I wrote as follows:
Violence and corruption in the police force can no longer be classified as allegations. They are real and are now an integral part of the culture of the Police Force and policing in Guyana. The sooner the authorities accept that these are chronic and systemic problems in the Police Force, the quicker there will be a serious attempt at a solution. No such attempt has yet taken place, even though modest efforts at ‘reforms’ have been made. But these have been attempted only reluctantly, after much public pressure and as an attempt to soothe public opinion. When public rage overflows, such as after the shootings in Middle Street, the public is offered the creation of a SWAT team. But the danger now exists that the Police Force will become so enmeshed and so entrenched in violence and corruption, that systems to protect these will take on a life of their own within progressively higher reaches of the Police Force.
Cheddi Jagan returned from studies in the United States to a British Guiana in 1943 that was a cauldron of poverty. The report of the Moyne Commission, which investigated poverty in the region in the 1930s concluded that “for the laboring population, mere subsistence was increasingly problematic.” The report was so explosive that it was not published until 1945. It weighed heavily in subsequent developments. In 1946 Cheddi Jagan, Janet Jagan, Jocelyn Hubbard and Ashton Chase, the latter two of whom were active trade unionists, formed the Political Affairs Committee (PAC). In 1947 Cheddi Jagan fought and won a seat in the Legislative Council.
The cauldron of poverty was being stirred by decades of intensified industrial unrest, prompted by the new found strength of organised labour. The British Guiana Labour Union (BGLU) was the first to be registered in the British Empire in 1922. The Man Power Citizens Association (MPCA) was registered in 1937 and represented sugar workers. The Transport Workers Union (TWU) was established in 1938 and superseded the BGLU as the largest and most militant in the city. In 1947 bauxite workers went on strike. In 1948 the successful Teare Strike led by the TWU, stopped the trains and boats and closed down the country for two weeks – unprecedented in a colony. In 1949 the Enmore strike of sugar workers took place during which five sugar workers, who became known as the Enmore Martyrs, were shot and killed. This heightened labour activity was also a feature in the Caribbean region and was prompted by a decline in sugar prices on the world market which further exacerbated poverty.
With the production of 500,000 barrels a day for 300 days a year at US$40 a barrel, the annual income would be US$6 billion. The cost of production of oil varies widely, depending on whether it is onshore or offshore and if offshore, how far away and how deep. To give some idea North Sea oil was produced by BP in 2014 at US$30 a barrel. It went down to US$15 a barrel in 2017 and is expected to go down to US$12 a barrel by 2020. The estimated cost of production in offshore Guyana has not been made known by either the Government or ExxonMobil. We are therefore left to speculate.
Assuming that a maximum of about half of the income would be deducted as production costs, US$3 billion would be deducted as production costs from an annual income of US$6 billion. Guyana would earn 50 percent of the profit, that is, US$1.5 billion plus 2 percent of US$6 billion as royalty which would add another US$120 million. At minimum, therefore, Guyana’s economy would double. More likely than not, Guyana’s economy would grow to three times its current size and even more, if the price remains around US$60 per barrel and if more discoveries are made resulting in higher production. ExxonMobil has drilled only eight wells in seven of which oil was discovered. It plans to drill another twenty. There are also other blocks to be explored by other oil companies and other blocks yet to be given out for exploration.