Breaking its silence on the complaint filed by AFC Leader Khemraj Ramjattan against Finance Minister Dr Ashni Singh over alleged illegal spending of public funds, the Guyana Police Force yesterday afternoon said it believes that the issue is an administrative one but it is awaiting advice on how to proceed.
Ramjattan filed the complaint in July after it was found that government had spent more than $4.5 billion of the $37.4 billion cut from this year’s national budget. Singh, in June, tabled a financial paper seeking the approval of the House for the extra-budgetary spending, triggering the ire of the parliamentary opposition, which have since cited the issue as the foundation for a motion of no confidence filed against the government.
In its first public response to Ramjattan’s complaint yesterday afternoon, the Police Force, in a statement, noted that breaches of the Laws of Guyana can be criminal, civil or administrative.
“The Police Force is obligated to investigate criminal breaches only and does not conduct investigations into civil breaches nor administrative breaches of the Law, save and except those related to the Police (Discipline) Act Chapter 17:01 regarding the conduct of its ranks,” the force said.
“The Guyana Police Force is of the opinion that the section of the Law that Mr. Khemraj Ramjattan alleges was breached by the Honourable Finance Minister Dr. Ashni Singh addresses administrative issues and is therefore an administrative breach,” it further said, while adding that it is on this basis that it has sought legal advice on the matter and is awaiting that advice.
In a nine-page complaint and brief submitted to the police in July, Ramjattan wrote that he was making a formal complaint and reported that Singh and other officials in his Ministry have committed a violation of the provisions of the Fiscal Management and Accountability Act 2003. The minister, he said, spent monies without having obtained legislative authorisation and he and other officials in the relevant ministries have expended $4.533 billion up to June 16th, 2014. This, according to Ramjattan, constitutes a misusing, a misapplication, or an improper disposal of public monies.
He quoted Section 85 of the Act, which says “An official who knowingly permits any other person to contravene any provision of this Act is guilty of an indictable offence and liable on conviction to a fine of $2,000,000 and imprisonment for 3 years.”
Ramjattan argued that criminal liability can therefore befall the minister and those under him if it is determined that they went against the legislation.
