Dear Editor,
Mr Brassington clearly placed himself in an unmistaken conflict of interest situation when he acted for his brother in procuring shares in the Hand in Hand Trust Company, which had been privatised by Mr Brassington seven years earlier. Mr Brassington’s contention that he was advised that there was no conflict of interest in his dealings is simply unacceptable since a senior official in the position of Mr Brassington ought to know that he was placing himself in a conflict position.
Any senior official, be it in the public sector or private sector, who fails to recognise such clear conflict of interest does not deserve to hold that office. Assuming for a moment that there was no conflict of interest, the appearance of a conflict or the potential for a conflict is more than enough to have precluded Mr. Brassington from dealing with and acting on behalf of his brother. The perception of bias and the perception of a conflict are just as important as a real and apparent conflict or bias.
The reported details of the conflict of interest issue are more than enough for the commencement of separate independent investigations. It is also imperative for the Auditor General Office to also commence its own investigation. If and when the Auditor General announces a decision to commence an investigation, the President should publicly support such independent investigation and refrain from commenting further until the results of the investigations are disclosed. The President should also encourage his ministers to do the same. If this happens, the President will no doubt see his popularity increase as he will be sending a clear message that actual or perceived corruption will be not be tolerated. The President would also be sending a clear message that he supports the independence of the auditor general and he would not interfere with that independence if it is decided to investigate.
Instead of viewing the NICIL Brassington affair as a witch hunt on the part of the opposition, the government should use this as an opportunity to send home the message that the administration will not tolerate or condone corruption, and that public officials have to act in the interest of the people. In doing so, it is also imperative for the government to agree for either the Public Accounts Committee to conduct its own hearings on NICIL where Dr Ashni Singh, in his capacity as Finance Minister and Chair of the NICIL Board may be called to explain the circumstances surrounding the NICIL affair. The AG may also have to appear and explain the legal basis for his reported advice to Mr Brassington that no conflict of interest exists in what is without a doubt a clear and apparent case of conflict of interest.
In a functional democracy facing a similar situation, the government of the day would have requested the auditor general to investigate, or formed a commission of inquiry to hold hearings, as well as allow the relevant parliamentary committee to conduct its own hearings.
The Guyanese people deserve no less.
Yours faithfully,
Oudit N Rai
