Former Attorney-General Anil Nandlall was today charged with fraudulently converting over $2 million in law reports that were the property of the Ministry of Legal Affairs.
The charge against Nandlall, who was earlier arrested by the Special Organised Crime Unit (SOCU), was read in the city courtroom of Magistrate Fabayo Azore, who subsequently granted him his release on his own recognisance after no objection was raised by the prosecutor.
The charge was instituted three days after Nandlall was questioned by SOCU about the reports in what he has described as retaliation due to his public criticisms of his successor, Basil Williams SC.
It is alleged that between May 8, 2015 and May 29, 2015, at Georgetown, being a bailee and Attorney General and Minister of Legal Affairs, having 14 law reports, valued at $2,313,853 and property of the Ministry of Legal Affairs, Nandlall fraudulently took or converted the reports to his own use and benefit.
Nandlall has maintained that the reports were purchased for him based on an oral arrangement that he had with the then president Donald Ramotar as a condition for his taking up the post.
Prior to the charge being read, the Magistrate expressed her disappointment with the behaviour of attorney Glen Hanoman.
After the charge was read, state prosecutor Patrice Henry requested that Nandlall not be asked to enter a plea as yet. The attorney told the court that his reason for making the request was to secure two further statements.
Hanoman, who appeared for Nandlall with five other attorneys, requested that his client be released on his own recognisance.
This request was not objected to by the prosecutor and Nandlall was later released on his own recognisance. The matter was adjourned until May 9.
Following SOCU’s questioning of him on Monday, Nandlall secured a conservatory order restraining the unit from taking custody of the Commonwealth Law Reports for the years 2012 to May, 2015, which he said the PPP/C government purchased for him as a condition of his employment.
According to his supporting affidavit, the books were purchased as part of the terms of his employment contract, which he negotiated with Ramotar.
“In discussions I had with His Excellency, President Donald Ramotar, immediately prior to my appointment as Attorney-General and Minister of Legal Affairs, I requested that as a condition of my service, that the Government of Guyana take over the payment arrangements I had with Lexis Nexis (U.K.) in relation to the said Commonwealth Law Reports for the period during my tenure as the Minister of Legal Affairs and Attorney-General. This was agreed upon as a condition of my service as Attorney-General and Minister of Legal Affairs,” the affidavit states.
“As such, Lexis Nexis (U.K.) were accordingly informed and sometime during my tenure, the payment arrangement for these books were changed and the Ministry of Legal Affairs begun to pay for the said Law Reports. When I demitted office, I so informed Lexis Nexis (U.K.) and I requested that the payment arrangement that existed (previously) be reactivated and the same was done. Approximately, fourteen (14) Commonwealth Law Reports were received by me under the aforesaid arrangement,” it adds.
Nandlall said when he demitted office in 2015, he informed Williams of the books and the circumstances in which they were acquired. At that time, Williams did not raise any queries, he said.
Nandlall added that he later learned through the press that Williams had commissioned a special audit into the purchase of the law reports.
He charged that Williams subsequently informed him that the investigation was intended to get rid of the Permanent Secretary of the Ministry of Legal Affairs and further advised him to stay out of the matter.
After being contacted by the Auditor General on the matter, Nandlall said that he sent written correspondence to him detailing his acquisition of the said books.
Following his correspondence to the Auditor General, he said President Ramotar subsequently wrote the Auditor General confirming that the books were a part of the condition of his service.
Nandlall said that the Auditor General completed this special investigation and submitted it to Williams since January of last year and it did not implicate him or the then Permanent Secretary in any wrongdoings. But he also points out that while the AG’s reports were made public, to date the probe sanctioned by Williams had not.
Nandlall added that at all material times, the subscription for the reports was in his name and all proprietary rights and interest in and to them were vested in him. “The said Commonwealth Law Reports were sold and shipped to me in my personal capacity and not in my capacity as the Attorney General and Minister of Legal Affairs and therefore, the State of Guyana has no proprietary rights or interest therein and any forfeiture, seizure, detention or confiscation thereof would be unlawful and against my fundamental rights and freedoms,” he argued, before adding that at most the state may seek to recover the cost of those subscriptions from him if it is contended or alleged that the payment of the subscription fees was not part of my contract of employment or that he was not entitled to have those subscription costs paid for by the state.
Nandlall has also asked that the court declares that he is the owner of the law reports and grants him damages in excess of $1M, “for the violation and infringement of the Applicant’s Fundamental Right and Freedom not to be deprived of property without the prompt payment of adequate compensation.
