CAMP STREET WAS A TRAGEDY WAITING TO HAPPEN


There are approximately 2,000 prisoners in the five facilities in Georgetown, New Amsterdam, Mazaruni, Lusignan and Timehri. Of these 35 percent is on remand awaiting trial. The Georgetown Prison at Camp Street was designed to accommodate 600 prisoners but holds nearly 1,000. Violent incidents or escapes have occurred in Georgetown, New Amsterdam and Mazaruni in the past. There was always a great fear among those responsible for security that Camp Street could explode at any time. The problem of overcrowding was well known.

The recent studies and reports are as follows: Continue reading “CAMP STREET WAS A TRAGEDY WAITING TO HAPPEN”

TACKLING CORRUPTION IN GUYANA


There are four major issues relating directly and indirectly to corruption facing Guyana at the present time. These are the establishment of the Public Procurement Commission, the reform of the Integrity Commission, the utilization of the Freedom of Information Act and the passage of Corruption legislation.

The Public Procurement Commission was recommended by the Constitution Reform Commission in 2000 and passed into law by amendment to the Constitution in 2002. Its composition and functions are set out in the Constitution but its essential role is as a body acceptable by both political parties to oversee public procurement. One would have thought that the then Opposition would have aggressively pursued its establishment. But obstacles rooted in a political culture of non-cooperation which has generated a permanent political strategy to eke out a disagreement out of every potential agreement, has prevented any progress. The issue of the Public Procurement Commission was a major one for Opposition parties between 2011 and 2015. Its rapid establishment would be a major step in the fight against corruption and the Transparency Institute of Guyana Inc (TIGI) ought to make it a priority.

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CONSTITUTIONAL CONUNDRUMS


Among the events after elections are: (1) After the vote count, the results declared by the Chief Election Officer. (2) The electoral quota is calculated by dividing the total number of votes cast by the total number of MPs. (3) The votes obtained by each list is then divided by the electoral quota which allocates the number of seats to each list. (4) The list representative extracts from the list and submits to the Chief Election Officer the names of those persons to become elected members.  (5) The Chief Election Officer declares those names to be the names of candidates on such list who have been elected.

The Chief Justice (ag) said, in the recently decided case of Morian v The Attorney General and the Speaker of the National Assembly, that all candidates become elected members of the National Assembly before the allocated of seats among the successful lists, that is, before stage 3. He said: “It is further clear that members of such successful lists are constitutionally recognized as ‘elected members’ even before the stage of allocation between those successful lists is reached – let alone before extraction (or selection) is made by the representatives of such lists after such allocation of seats between or among the successful lists.”

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SOCU


The Special Organised Crime Unit (SOCU) was established in 2014 on the recommendation of the Caribbean Financial Action Task Force (CFATF). It was intended to be a police unit operating under the authority of the Commissioner of Police but with a close relationship with the Financial Intelligence Unit (FIU) established under the Anti- Money laundering and Countering the Financing of Terrorism (AML/CFT) Act, Chapter 10:11 of the Laws of Guyana. The Terms of Reference were approved by the Cabinet. These were not disclosed but “the Unit is expected to be dedicated to investigating suspected financial transactions suggestive of money laundering and financing of terrorism,” according to Dr. Roger Luncheon, the then Head of the Presidential Secretariat, who revealed all of the above in a press conference on September 7, 2014 and in previous press conferences.

This was certainly what was understood by then Leader of the Opposition, Mr. David Granger, who at a press conference on October 11, 2014, acknowledged that SOCU was being assigned “as the investigative arm of the FIU.” Mr. Carl Greenidge, then Shadow Minister of Finance, was even more expansive. He said: “The FIU, after receiving that report (from its reporting institutions), will now send it off to the SOCU which will operate as its investigative arm.” From what Mr. Greenidge said at the time, he clearly envisaged SOCU as a desk bound agency, with accounting and financial expertise, checking transactions, following paper trails and then instituting charges where offences are found to have been committed.

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GREEN AND YELLOW


In the National Assembly last week, an Opposition PPP MP, Alister Charlie, criticized the use by the Government of green and yellow as the colours to paint various public objects, such as car tyres around plants and trees. The criticism was that these were the colours of APNU and AFC and their use reflects the reintroduction of the doctrine of paramountcy of the 1970s whereby the ruling Party held dominance over the state. The Opposition expressed fears that soon, just as the PNC flag was flown at the Court of Appeal, the colours of APNU and AFC, green and yellow, would be used to paint public buildings.

The Speaker, Dr. Barton Scotland, would have none of it.  He ruled that green and yellow are the colours of the national flag, the Golden Arrowhead, and cannot therefore be the object of ‘lampooning’ in the House. ‘Lampooning’ appears to have been used in a broad sense, meaning “criticizing” or “objecting to.” Decisions of the Speaker are final. There is no appeal. But because there was no detailed rationale by the Speaker for his decision, we are left to wonder whether his ruling means that no criticism can ever be made of the use of the colours green and yellow at all in the House, or whether criticism of the use of the colours would only be disallowed if it relates to the Government use of them to paint public objects. The Speaker’s decision was vigorously criticized by the Opposition.

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