Officials of the Special Organised Crime Unit (SOCU) have not been able to interview Winston Brassington in connection with the findings of a forensic audit into the management of government’s holding company, National Industrial and Commercial Investments Limited (NICIL), which remains under investigation.
Brassington, NICIL’s then Executive Director, left Guyana last December and later tendered a letter of resignation. Reports indicate that he has since taken up residence in the USA.
Head of SOCU Assistant Commissioner Sydney James told Stabroek News yesterday that the probe into the company is ongoing and he confirmed that his office has not had the opportunity to speak to Brassington.
Brassington is a key to the investigation. Observers have said that it is of utmost importance that he is reeled in for questioning, whether through an invitation or diplomatic channels given that he is outside of Guyana.
James said that while he could not remember the date off hand, he knew that Brassington left Guyana in December. He said that this would have been long before a report on the findings of the audit were sent to SOCU and a directive to conduct an investigation was given.
Police Commissioner Seelall Persaud had told Stabroek News on December 30 last that the Guyana Police Force had received the audit report on NICIL from government and had started investigations to determine if any criminality was involved in the management of the controversial state holding company.
The audit of NICIL, conducted by former Auditor General Anand Goolsarran, among other things, recommended criminal and/or disciplinary action against all those responsible for the interception of state revenues, totaling $26.858 billion, in violation of the constitution. Goolsarran had said that several laws were broken.
This in itself warrants the need for Brassington to be interviewed as he was the person in charge.
James stated that at the moment the matter is engaging the offices of “SOCU and the legal authorities.” According to James, the investigation being conducted by SOCU is by no stretch of the imagination a small one; he said that it is a huge matter involving multiple small investigations.
Asked specifically about efforts to speak to Brassington, given that he is no longer in the country, he referred this newspaper to the subject minister, Khemraj Ramjattan. He said that given that Brassington is currently residing in another jurisdiction, there are certain protocols which needed to be followed before SOCU could access him.
James said so far investigators have interviewed “several persons” although he was unable to give a precise number.
‘Vindictive agenda’
On the list of those interviewed are prominent members of the former PPP/C government, including former Prime Minister Samuel Hinds, former Head of the Presidential Secretariat Dr. Roger Luncheon along with PPP/C MPs Gail Teixeira, Irfaan Ali and Nigel Dharamlall.
In mid-January, Luncheon was invited to SOCU’s Camp Street headquarters, where he was questioned by investigators about the annual general meetings of the company for about two hours. No indication was given then that additional questioning was needed.
Former Attorney General and current PPP/C parliamentarian Anil Nandlall, who accompanied Dr. Luncheon to the interview, subsequently criticised SOCU, which he accused of a fishing expedition and wasting time.
In an invited comment to Stabroek News, Nandlall said that he indicated to the investigators that while the PPP was prepared to cooperate with any investigation being carried out into the operations during its time government, based on the nature of the questions which were being asked the PPP is of the view that “it is a time wasting exercise and that in the future if this course of action continues we will reconsider our position.”
Nandlall declared that his party will not lend support to a process to “supply information in order to correct or confirm vicious findings by audits which have nothing else but a political and vindictive agenda.”
He told Stabroek News that he indicated to the investigators that in the future they should put their request in writing and include the nature of their inquiry. Based on what is written, the party will “determine, after reviewing that correspondence, whether as a collective we will continue to lend our cooperation.”
In January, Deputy Chief Executive Officer of NICIL Marcia Nadir-Sharma had filed a complaint with the police about being constantly followed by unknown men.
Stabroek News had been told by persons close to Nadir-Sharma that she filed the complaint after observing that she was being trailed wherever she went by men in heavily tinted vehicles over a one-week period.
Her complaint came weeks after a horrific accident on Carifesta Avenue, which was the end result of a bungled SOCU surveillance operation. It was subsequently learnt that the army intelligence officer who died in the crash, Robert Pyle, was pursuing a vehicle which he believed was transporting Brassington’s children. The officer’s wife, Stacy Pyle, who was with him during the pursuit and truck driver Linden Eastman, with whom they collided, also died in the accident.
‘Sufficient information’
Prior to the audit report being handed over to the police, Minister of State Joseph Harmon had said that in Cabinet’s view there was sufficient information provided in the report to the agencies for them to explore further and basically dig deeper.
Brassington had rejected many of the assertions contained in Goolsarran’s report. “As far as I know, and in good faith, I have not broken any laws and if Mr Goolsarran is suggesting it, then I believe I have a clear defence on why what we did was properly done and we should not be held responsible and the only way this matter can be determined is if this matter goes to court and be heard and no one has ever challenged us,” he had told reporters at a press conference at his office. He added that Goolsarran’s comments were not backed up by evidence and the audit report did not take into account NICIL’s comments and sought to dismiss the findings.
The press conference was held prior to him leaving Guyana.
“A lot of what is being said by Mr Goolsarran are opinions of a legal nature, which are not backed up by evidence. On the other hand, we have many years of practice where these things have been happening. We have legal opinions that state that we are within our jurisdiction to conduct these transactions, we have clean audit reports for many years, which indicated that NICIL’s accounts were prepared in accordance with proper accounting standards, audited and we have clean opinions,” he declared.
“If someone is saying we did something wrong, are they saying the entire government? Who made the decision? Cabinet? The board members? The counter agencies that are the other parties? Did they act illegally?” Brassington questioned.
He was also critical of the breakdown of Goolsarran’s report and said that he expected more of a structured breakdown that was devoid of opinions and focused on facts.
Goolsarran has rejected Brassington’s criticisms and has said the findings of the audit are backed by legal support and despite a hostile response from NICIL, which placed a severe restriction on the audit, he tried his best to incorporate as many explanations as possible that were provided by the entity.
