The findings of an investigation into a complaint made by former NBS manager Maurice Arjoon will be made public, according to Ombudsman Justice Winston Moore who on Friday delivered copies of the report to the Clerk of the National Assembly.
In a press release sent out on Friday Justice Moore said the copies were delivered for the purpose of laying them before the National Assembly. In an interview, he had informed this newspaper that the Clerk had indicated that he would have to lay over 100 copies of the report for Members of Parliament and the media. It is unclear if the required number of copies were delivered.
With respect to the publishing of the report in the interest of the public, the Ombudsman explained in his press release that “my decision to do so at this time is partly influenced by publication of erroneous statements made about findings supposedly made by me in said report.”
The release added that in taking this step he trusts that persons concerned as well as interested members of the public will “now read the report and see for themselves what I have written.”
Arjoon along with two managers were fired by NBS after they were implicated in the unauthorized withdrawal of $69 million from an account at the financial institution. In January, Arjoon lodged a complained with the Ombudsman and in keeping with his mandate, Justice Moore launched an investigation into a “multiplicity of wrongs done to him.” The Ombudsman’s focus was on persons who Arjoon had implicated.
Justice Moore who recently completed his investigations, stated in his report that he found among other things that the trio suffered a “grave injustice” and that there was insufficient evidence to suggest that the trio was guilty let alone to successfully prosecute them.
Arjoon in his complaint alleged that former president Bharrat Jagdeo, present Minister of Labour Nanda Gopaul, Finance Minister Dr Ashni Singh and Director of Public Prosecutions (DPP) Shalimar Ali-Hack all played a hand in the injustice he suffered and therefore Moore said that he had jurisdiction to probe the complaint.
In a copy of the report seen by Stabroek News, Justice Moore said that having taken into account the statement by Arjoon that he received a call from Dr Gopaul which he interpreted as a threat; the reference in the police file to an exhibit listed as ‘eleven pages of notes of Minister meeting;’ “the fact that this document was removed from the police file; the fact that I can find no credible evidence of wrongdoing by any of the senior managers; the matters contained in the statements of Ashley Legall and the fact that the prosecution proceeded after said statement which clearly identified the perpetrators of the fraud who were persons other than the senior managers, I am of opinion, and I so find, that Maurice Arjoon, Kent Vincent, Kissoon Baldeo and Amrita Prashad have all suffered injustice, notwithstanding the fact that they were all discharged by magistrates at the various preliminary inquiries.”
With respect to the missing document, the report said this suggests the intervention of a minister of government in the police investigation.
The Ombudsman had explained to this newspaper that he is required to submit a copy of his report to the persons who might be affected by anything said in the document. In this regard copies of the report were sent to President Donald Ramotar, Head of the Presidential Secretariat Dr Roger Luncheon, Singh, Gopaul, Attorney General Anil Nandlall, Director General at the Ministry of Foreign Affairs Elisabeth Harper, Ali-Hack, Commissioner of Police Seelall Persaud and Arjoon for them to make any comments.
Since then Persaud, Gopaul and Ali-Hack have taken to the media with the latter two attacking the findings as well as Justice Moore.
Gopaul in a press release rejected charges by Arjoon that his dismissal from the institution was instigated by Jagdeo over the question of financing for the Berbice Bridge.
Justice Moore in his report cited a statement in Arjoon’s complaint that he was warned by Gopaul that Jagdeo would “deal” with him as he had guided the board of NBS towards investing less in the bridge than the former president had wanted.
According to Gopaul, if Moore had done a “proper investigation” and persons who have been accused of certain wrong doings given an opportunity to be heard, it would have been revealed that all the accusations made by Arjoon are baseless. He said the fact that those persons were not given that opportunity, “violates the principles of natural justice and most basic requirements of fairness and due process.” He even challenged Justice Moore’s jurisdiction in dealing with this matter.
The DPP meanwhile has held fast to the position that there was “strong and compelling evidence” in the police file to institute charges against the trio.
