Attorney General Basil Williams says it is only a matter of time before his chambers will seek to file civil action against five former ministers and others named in a State Assets Recovery Unit (SARU) report who accessed property in the controversial Pradoville 2 housing scheme on the East Coast of Demerara.
Williams told Stabroek News yesterday that in addition he would be recommending that the Unit, headed by Dr Clive Thomas, submit the report to the Office of the Direc-tor of Public Prosecutions for the start of a criminal investigation. The SARU report was circulated in the public on Wednesday.
The Attorney General spoke with members of the media at his office yesterday where he stated that “I can assure you that once we find sufficient evidence to constitute the tort (a wrongful act leading to civil legal liability) and I believe there is because you have ministers, former minsters who knew they were getting land at an undervalue, that was state land and then they actually resold the land for profit.”
He also noted that the report would be sent to the Public Security Minister, Khemraj Ramjattan for revision.
When asked by a member of the media what direct action the Attorney General’s Chambers would be taking he said “I don’t want to put up a defence for anybody, but I will say ministers must know they’re in an office of trust and they are supposed to use their office for the benefit of the public and the state and so they cannot, they cannot be involved in an exercise that would undermine the rights of the state and cause the state to suffer loss or damage. And certainly when it comes to lands, state lands they must know the value of those lands. So if you accept as a minister you go into a transaction where you get the land cheaply, even put aside the conditions then resell and all that, the price of the land and the fact that you could resell the land for $100M” is a problem.
He noted that he did not want to “trial the case in the media,” however he believed there to be a significant evidence in the SARU report that could be used in a criminal case and civil litigation stating “You have government ministers who would have obtained prime land at an undervalue and then resold the land at some tremendous profits.”
Williams stated that any civil action would be a significantly longer process than that of a criminal case. The Attorney General also noted that the Guyana Police Force can act without the consent of the DPP, however the DPP does have the power to take over the process.
He acknowledged that the DPP, Shalimar Ali-Hack, was named in the SARU document as a recipient of Pradoville 2 land and said that as a result she would need to recuse herself from any investigation.
Williams also addressed questions by the media as it related to presidential immunity noting that The Constitution is open to interpretation. “The law has long been even though you have a power you have to exercise the power judiciously and you, if you … operate excessively then you lose that protection,” he said when asked about any possible action to be taken against former President Bharrat Jagdeo. Jagdeo has several lots at Pradoville 2 and is believed to have been the person behind the entire scheme.
The SARU document says nothing about any action against Jagdeo in likely recognition of his immunity but the Attorney General’s remarks yesterday suggest that this would be challenged.
The document seen by Stabroek News states that “The lands were sold to the former ministers and known friends and associates of the previous regime. At the time of the sale the lands were grossly undervalued and sold substantially lower than the market value for the land thereby depriving the state of its full benefits”. It added that at the time the lands were sold for $114 per square foot.
The document also noted that transfers and subsequent sales of properties had conditions attach-ed such as the Central Housing and Planning Authority (CHPA) would have to sign off on any sale before 10 years of ownership.
Manickchand sold her land to Dave Naraine for $100m on the 21st of February, 2013, three years after the purchase of the said land, without any written permission from the CHPA thereby being in breach of Clause C of the conditions attached by CHPA.
It added that Persaud’s land was transferred into the names of relatives. On the 18th September, 2014 the said land was sold to LSR Company for ninety million dollars without any written permission from CHPA thereby being in breach of Clause C.
The document further said that the Overseer of the Industry/Plaisance NDC has indicated that no rates and taxes have been paid since occupancy of the land.
Meanwhile, the PPP yesterday accused the government of trying to refocus the attention away from the public furore over the recent 50% pay increase awarded to government ministers.
The party in a statement said that the government is yet to even provide the composition of SARU and the unit’s Terms of Reference which the party states brings SARU’s legality into question.
