It has long been recognized that the judiciary and its decisions are not and should not be immune from criticisms. It’s quite a different matter to attribute motives to the judiciary that can be construed as improper such as failing to consider or to implement executive policy. Two contrasting approaches were displayed recently by Mr. Aubrey Heath-Retemeyer, Deputy Director of the State Agency for the Recovery of Assets (SARA) and Minister Khemraj Ramjattan, Minister of Public Security.
Mr. Aubrey Heath-Retemeyer’s, in an interview by KN on June 22, accused the judiciary of resisting the government’s drive to reduce corruption because they are not willing to facilitate SOCU or SARA. He said that there is a “stark disconnection between the judiciary and the thirst of the nation for an end to corruption…I feel that sometimes the legal system here…doesn’t want to be in step with the honest desire of the law enforcement people (like SOCU) to ensure that they get the job done. I feel that if there was a greater sense of urgency and understanding on the part of the legal people and the system, they would be more willing to facilitate what SOCU or SARA would be doing.”
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.
The public has been gripped over the past few weeks by the evidence which has been emerging from the Commission of Inquiry (‘COI’) into the alleged plot to assassinate President David Granger.
The COI was announced on July 11 and Demerara Waves quoted parts of the Terms of Reference (‘TOR’): “The Commission will review all actions taken by the Guyana Police Force and examine whether there was evidence failure, neglect or omission to thoroughly or properly investigate the intention or plan to assassinate the President and determine whether such failure or omission was intentional…The Commission of Inquiry will also seek to determine whether any person and, in particular, officers of the Guyana Police Force had any information before and after reports were made of the plan to assassinate the President and whether any such officers communicated that information to a superior authority.”
The State Asset Recovery Bill (“Bill”) was passed in the National Assembly on Friday last after a robust debate. It is a bold and vital instrument in the anti-corruption effort, although modern anti-corruption legislation still remains to be addressed. When I wrote in 2012 that the PPP Governments had made efforts to curb corruption, but that by then it had become pervasive and further steps needed to be taken, it was legislation such as this that I had in mind. One of the triggers for my article was the many inquiries made of me for at least two years before my term as Speaker ended in 2010 as to whether AML/CFT legislation was pending. I knew that there was a requirement from CFATF that such legislation be passed but it was only when sanctions were threatened after the 2011 elections that the legislation was finally tabled by the last Government.
Political considerations were mainly responsible for the then combined APNU and AFC Opposition to oppose the AML/CFT Bill, just as political considerations are now mainly responsible for the current Opposition opposing the Bill.