-driver relates how truck was burnt
Executive Director of NICIL Winston Brassington yesterday testified before the commission inquiring into the July 18 events at Linden and made representation for compensation for the destroyed Linmine Secretariat, which he said is owned by the company.
However, arguments were made that not enough proof of ownership was provided.
The National Industrial and Commercial Investment Limited (NICIL)—the government’s holding company-was yesterday presented to the Linden Commission of Inquiry as the transported owner of the Linmine Secretariat building in Linden. The company is claiming compensation for the July 18 destruction of the property and the destruction of several pieces of equipment.
APNU attorney Basil Williams asked Brassington if he had yet laid over the documents of incorporation to NICIL and if he had brought them and he received a negative response. “So we don’t have any evidence as to the status of NICIL. Would you be able to produce the documents of incorporation to NICIL?” he asked Brassingon who said “definitely.”
Williams further asked the witness if the transport, which had been laid over, shows NICIL’s ownership of the Linmine Secretariat. “It is one of the previous documents that showed ownership,” Brassington said. However, Williams pointed out that the transport refers to the Guyana Bauxite Limited and further asked if that was the owner and was then told by the witness that this would be correct. However, he subsequently disclosed that the bauxite company had once owned the building but no longer does, leading Williams to deem that information irrelevant.
“We want to know who owns what you are claiming has been damaged. So, first thing we don’t have the status of your company… And secondly, you said that transport shows a different company owns it,” Williams said before Commission legal counsel Ganesh Hira intervened and pointed out that he had omitted to tender the vesting order, which vests the Linmine Secretariat to NICIL.
Chairman of the Commission Justice Lensley Wolfe then told Williams that this information would be taken to the assessor, who will weigh whether the evidence has been satisfied for compensation.
“Are we going to send to the assessor claims by persons, which claims have not passed the scrutiny of liability before you?” Williams, however, asked members of the commission, opining that Brassington has to “pass the test” and “satisfy the commission” before going to the assessor.
Brassington explained that the vesting order came into effect on December 9, 2004 and vests most of the assets of Linmine, as of that day, into NICIL. Those assets, he said, included most of the immovable property of Linmine. Asked by Hira whether it includes the Linmine Building, he said “not explicitly.”
Reading from the document, Brassington said, “The assets of Linmine shall, as of the appointed date, be transferred to and vested in NICIL. The assets are the immovable property which was owned by Linmine immediately before the appointed date. All property of Linmine, in the town of Linden, in the country of Demerara, Guyana, owned by Linmine immediately before the appointed date, which includes all lands and buildings used by Linmine and must not be vested to any other person.” He added that it is the general description of the assets.
Proof of ownership
Williams, however, maintained that the owner remains unknown.
“We are satisfied that damage was suffered. The commission would have the jurisdiction sent to an assessor. The commission is not making an assessment as to the compensation, so that the assessor would have to look at these aspects that you are raising and then make a determination as to whether, based upon the proof of ownership, what would be the quantum of that. So, there is no doubt about damage suffered and where there is damage suffered then compensation arises,” Commissioner KD Knight, however, stated.
“We can’t get any and anybody coming here and claiming ownership to go to the assessor. They should produce evidence to satisfy you… anybody could come and claim they own a building, we don’t know… we are not clear about who owns the building and who own the property because Mr. Brassington hasn’t laid over anything to show us that,” Williams stated in reply.
Attorney Latchmie Rahamat, who is representing persons whose property were damaged and destroyed, said that the she believed the vesting order, in addition to the transport, is sufficient proof of ownership in relation to NICIL being the owner of the Linmine Secretariat. “If at this stage we do not have the document of incorporation, we will provide that but I do believe that the argument that ownership has not been proven is preposterous and grossly misrepresenting what the laws of Guyana are,” Rahamat noted.
Based on information available, the witness said NICIL does not know who burnt the building. When asked by Williams whether the organisation has any evidence that the fire was caused by an arsonist, Rahamat objected. She made reference to the fire report and statement by Fire Chief Marlon Gentle as to the cause of fire, which was given as malicious setting of fire to the building.
Williams had stated that representation of this was dependent on circumstantial evidence but was reminded by Knight that that is the case as well in his attempt to make a case that the police had shot and killed Allan Lewis, Ron Somerset and Shemroy Bouyea on July 18.
Audio
COI Hearings 30/10/12
COI Hearing – 30-10-12 – Winston Brassington
“What is the direct evidence that the men were shot by police?” Knight asked Williams. He responded that the only persons who shot were the police. “Their (police) evidence is that they shot… that they turned up, they fired their guns,” he said before being interrupted by Knight, who pointed out that “the evidence is that the police do not use buckshot”. Williams then said they can prove circumstantially that the police are responsible for the killings and injuries suffered.
“Well that is the permit we are making in relation to this… in terms of claim, he can go and claim that the grass was burnt, that’s loss… the assessors would say we can’t go further than that because there is no proof of ownership,” Knight stated.
Attorney Nigel Hughes, who is representing the interest of the families of the three dead men, clarified whether the vesting order purports to vest property from the Linden Mining Company Limited to NICIL and was told that he was correct. “Would it be correct to say that you have not provided to the commission any evidence of ownership of the property you are claiming in the name of Linmine?” he further asked Brassington, who again said “that’s correct.”
Burnt trucks
Also appearing before the commission were businessman Vishnu Singh and Carlton Mohan, who were seeking compensation for a burned fuel tanker, and a trailer truck, respectively.
Singh said he is insured at Hand in Hand but had not gone to the insurance company to report the loss. He said he instead visited the Prime Minister, who advised him not to “waste time” with the insurance company. “Go to yuh insurance! You go to Prime Minister? Go to yuh insurance,” Justice Wolfe, however, firmly stated.
Following their testimony, Allan Smart, 25, appeared and said that he was a driver and on the day in question was driving Mohan’s truck, transporting logs.
Responding to questions posed by Rahamat, the witness said while he was over at the Wismar side of the Mackenzie-Wismar bridge, he observed the crowd at the bridge and was unable to pass.
Smart said at about 5:30pm, the police arrived and he subsequently heard tear gas being shot. Around 7pm, he continued, the protestors advanced to where his truck was locked and parked, while he sat across the road from it.
“One person jump up, buss the right side glass and then the some people say watch the driver sit down deh and I run and save myself… after they run me, I come and stand up under the bus shed, a good distance away and then they light afire the truck,” Smart relayed. He noted that his vehicle was the first to be set alight and then the tanker.
He stated that the following morning, logs were taken from the truck and placed across the road. “After the police ain’t had no control over them, the police come with chainsaw and cut up the logs fuh move it,” he recalled.
Farmer Ram Mangra, a resident of Linden who also testified, said he was instrumental in assisting the police on July 19 to clear the logs on the road. “The police said the bridge was blocked and they asked me for help to clear it,” he told the commissioners.
In response to a question by Commissioner Dana Seetahal, Mangra said he had to abort his effort to clear the bridge after he was confronted by protestors.
