The high level policemen implicated in the $16M boat scam should be subject to criminal sanctions and not just be allowed to repay the stolen sum, member of the AFC Nigel Hughes says while concluding that the Ministry of Home Affairs has made a mockery of all efforts to stamp out corruption.
Hughes, who is also a practising attorney-at-law was yesterday responding to a press release from the ministry which gave the details of the scams and highlighted the fact that some of those implicated have repaid their share of the criminal proceeds which was subsequently paid into the Consolidated Fund.
“It is the most unorthodox approach to criminal activity especially when it is committed by those who are entrusted to enforce the law of the land,” he said, noting that those who have violated the law must not be permitted to repay the money without any sanctions.
He told Stabroek News that the penalty for “apparent criminal behaviour is criminal sanctions by a duly and properly constituted criminal court” and not a request for repayment of the proceeds of criminal activities.
“We wonder if the good people at NCN have been asked to return the company’s proceeds prior to their resignation,” he continued, noting that this is an important issue that should be addressed.
When asked for his reaction upon reading the ministry’s statement which appeared in the newspaper last Friday, Hughes responded, “I was shocked that the Minister of Home Affairs who is responsible for the premier law enforcement agency in Guyana would not have made an official report of criminal behaviour” especially since the matter is yet to go before the court.
Asked why the ministry refrained from publishing the names even after identifying the culprits as “a small group of high level members of the Guyana Police Force,” he commented that it makes a mockery of efforts to fight and stamp out corruption. “It sends a message to the public that some are more protected than others,” he added.
A Partnership for National Unity (APNU) MP and Shadow Finance Minister Carl Greenidge meanwhile expressed concern at the revelations of the ministry, pointing out from his reading of the reports all the elements of the matter have not been released. He called on the ministry to make all the information public.
Greenidge told Stabroek News that when “you have a government that has no respect for the law and looks at people outside of the rule of law, these things have to happen… if you have not done anything with the NCN people.”
Corruption recognized
Head of the Transparency Institute Guyana, Gino Persaud yesterday said that it is commendable that the ministry has decided to speak publically on corruption in the force.
“However, there should be no out of court settlement, such as restitution for corrupt transactions which offend the criminal law of the land. This is against public policy,” he said, adding that corrupt senior police officers should be prosecuted in the same way that corrupt junior police officers have been recently fired and prosecuted for petty bribery. The law applies to senior and junior officers alike, he emphasised.
“Recognition of corruption is only 5% of the solution. The other 95% of the solution involves prosecution, appropriate discipline and sanction commensurate with the gravity of the offence and structural changes among many other comprehensive actions,” Persaud who is also a lawyer said.
In light of the ministry’s revelations, he said that Transparency Guyana calls for “serious anti-corruption legislation” that would harmonize and modernize existing laws, updating sanctions to deal with corrupt public and private officials who hold positions of trust.
That way, he explained, when corrupt transactions are exposed one can immediately identify appropriate offences and penalties in a modern legislative framework that would make it difficult for arbitrary out of court settlements, and give weight to public calls for prosecution under such anti-corruption laws as currently exist around the world.
“In the instant case it is my humble opinion that restitution of the illegal proceeds is not a sufficient sanction for a corrupt transaction involving senior police officers. There has been a loss of confidence, so how can those persons continue to hold positions of trust?” he said.
Flawed investigation
A security source told this newspaper that the investigation into the acquisition of the vessel was flawed from the inception since a very senior officer was apparently involved.
“The investigators cannot be seen to be free from influence if such a senior officer is implicated,” the source said, adding that the proper thing to have done would be for a senior trustworthy detective to lead a team to investigate the circumstances which led to the purchase of the vessel.
“All the pertinent records relating to its purchase from within the Force as well as from the Ministry of Home Affairs would have been seized and examined by the investigating team, and any ordinary rank or officer with any tangential relationship to the purchase of the vessel would have been neutralized so that their presence would not serve to obstruct the investigation,” the source explained.
It was noted that the purchase of the vessel seems to be “a thoughtless act,” since the type of vessel chosen suits pleasure more than an operational role such as the interception of pirates at sea.
“It leaves one to wonder about the troop carrying capacity of the vessel and what role was envisaged for it by the decision makers of the GPF,” the source said, stressing that the purchase was a waste of taxpayers’ money.
The source stated that all involved in “this reckless act” should be investigated and made to refund tax payers money. “Now that fingers are pointed… one wonders if it would not be pertinent to develop an investigative team of senior detectives led by the Chairman of the Police Complaints Authority to unearth the truth of law enforcement officials involved in corruption and to make recommendations to deal effectively with them, the source suggested.
It was following the publication of a Kaieteur News article that the ministry decided to release a statement on the issue which said that a small group of high level policemen took kickbacks in relation to the purchase of the boat in 2009 which hardly worked and has since been put up for auction.
“The scam was busted and the culprits at home and abroad were identified. The government demanded repayment of all the money from the local culprits who had collected kickbacks. Some paid while others paid for those who refused to return their share. The money recovered was paid into the Consolidated Fund. The overseas-based vendor was threatened with prosecution. He fixed the boat which sailed for a few weeks and then broke down never to sail again. The Government has decided to place the boat up for auction,” the ministry’s release stated while failing to indicate why charges were not brought against the policemen involved.
Giving a background to the boat deal, the ministry said that in August, 2009, it purchased an ocean-worthy boat for the police force at the cost of $16,974,000. From the day it arrived there were problems with the boat and “the continuous purchasing of spares and payments for maintenance was placing a heavy toll on the budget of the Guyana Police Force.”
The ministry went on to say that the identification and procurement of the boat had been left to the police force since it asserted that it knew the type of craft it wanted. The companies that bid for the vessel were Car Mart – $20,286,000; Rama DBK Ltd – $18,733,500 and Cartronics – IV- $16,974,000.
On the basis of a recommendation from the National Procurement and Tender Administration Board, the release said, Cabinet issued its no objection for the acquisition of the boat from Cartronics – IV.
The ministry statement said that the police were responsible for the processing of payment to the supplier, which they did, as well as for the receipt, inspection and storage of the boat.
According to the ministry, what was intended to be a transparent purchase ended up being a scam involving members of the police force.
It was added that the small group of police officers was in touch with Cartronics – IV and conducted the financial transaction. Based on information received, the statement said that an internal investigation was conducted into the purchase of the boat and that was when the kickbacks were uncovered.
The boat had been received by the police in September 2009. The police force has been in need of ocean-going vessels for patrols and other operations.
The ministry in the release berated the police Office of Professional Responsibility for the manner in which the matter was investigated and charged that it had not been privy to the findings of the probe. The ministry also stated that there had been foot-dragging on the investigation which reeked of an attempt at a cover-up and the protection of police ranks as well as a staff member of the ministry. The ministry further stated that it appeared that the information had been sold to the Kaieteur News.
It was noted that in April the ministry instructed the Permanent Secretary to initiate an investigation based on reliable information which had come to the attention of the Minister’s Secretariat. However the ministry was never updated on the finding.
More so, a staff member was implicated and subsequently applied for annual vacation leave which was not granted in light of the pending investigation.
