Plans are afoot for Registrar of Deeds Azeena Baksh who was earlier this year found guilty of paying herself just over $4.5M, to resume her duties.
Stabroek News understands that at a meeting with Attorney General (AG) and Minister of Legal Affairs Anil Nandlall and the Guyana Bar Association (GBA), Baksh’s reinstatement was discussed which Nandlall said will be “soon.”
Also discussed on the agenda of the August 21st meeting was reconstitution of the Judicial Service Commission (JSC), the framework for the appointment of Senior Counsel, the Law Reform Commission, the IDB Criminal Justice Project and the possibility of the judiciary moving towards judge-alone-trials.
According to information reaching this newspaper, the AG indicated that Baksh who is the substantive Registrar of Deeds; having been appointed by the JSC, will resume her functions and duties as soon as possible.
He noted at the meeting, too, that the post of Registrar of Commerce will be advertised and filled accordingly; while pointing out that the salary scale for the Registrars are to be reviewed.
Almost three years after being charged with fraudulently authorising payments to herself amounting to just over $4.5 million, Baksh was found guilty of the offence back in March.
She had denied the charge which stated that while an appointee of the JSC, between May 1st, 2014 and January 31st, 2017, with intent to defraud, she caused or procured valuable securities to the sum of $4,534,480 to be delivered to her bank of Nova Scotia account for her own use and benefit by pretending that she was a contracted employee of the Deeds and Commercial Registries.
At the conclusion of her trial, Magistrate Leron Daly ruled that based on evidence presented by both the prosecution and defence, there was sufficient evidence which backed the prosecution’s case, thereby finding Baksh guilty as charged.
The magistrate spared Baksh jail time and instead ordered her to make full restitution of $4,534,480 to the state.
Baksh, who was represented by attorney Nigel Hughes, was granted three months to pay the money in full; but before leaving court on the day of her conviction, she was ordered to make the first payment of $1,133,621.
The charge was instituted against Baksh back in May of 2017 and was described by the then PPP/C Opposition as a witch-hunting exercise by the then APNU+AFC government.
On August 2nd, the PPP/C was declared the winners of the March 2nd, 2020 elections and sworn into office.
Priority
Also discussed at the August 21st meeting was the reconstitution of the JSC which Stabroek News understands Nandlall expressed hope would be reconstituted within the next two months as he said it is a priority for government.
This newspaper understands that the AG underscored the matter as one of constitutional urgency and noted that once Parliament is convened and the Appointments Committee thereafter established, the JSC will be given priority.
At the meeting, a member of the Bar highlighted the need for the appointment of judges for the Court of Appeal as three senior ones will soon be retiring; while another member raised the issue that a Commissioner of Title is urgently needed in Berbice as that county has been without one for some time now.
While in opposition, Nandlall had called for public condemnation of the APNU+AFC’s failure to reconstitute the JSC which he said was part of an attempt to undermine and erode the integrity of the body.
In a November 2018 interview, Nandlall had told this newspaper that the JSC is one of those important independent constitutional bodies since its functions are integral to the democratic constitutional architecture of the country’s legal system.
Another issue raised by the GBA at the meeting with the AG was that of the framework for the appointment of Senior Counsel.
This newspaper understands that one of the Association’s members underscored that the appointment of Senior Counsel has been a longstanding issue at the Bar and it is the proposition of the Council that it be addressed once and for all by laying out the framework in procedure and criteria for the elevation to silk.
The AG it is understood, shared that this has also been a consideration for him and invited the Bar to make submissions on this issue, but expressed that though ceremonious, the issue of appointment is ultimately left up to the President.
The court will this month commence hearing an application filed by attorney Timothy Jonas who is challenging last year’s appointment by former President David Granger of four senior counsel.
Jonas is contending that the president has no authority to appoint senior counsel.
Stabroek News understands that Nandlall at the meeting informed that he will notify the Bar Association and all Senior Counsel of Jonas’ action and invite them to join as interested parties.
Queried
Regarding the issue of the Law Reform Commission (LRC), this newspaper understands that the Bar Council queried when this Commission will be fully constituted and operational and was told by the AG that his desire is to first amend the Act, before constituting, to provide for greater representation on the Commission to ensure that law reform is properly considered.
Nandlall it is said informed that subsequent to the Act being assented to in 2017, a building was prepared and there is staff but no work has been done despite over $92M being expended.
In an interview last year, Nandlall had bemoaned the sloth in the establishment of the LRC, while saying “millions and millions of taxpayers’ monies” have been wasted on renting a building and hiring staff for an entity that has done nothing.
He had told this newspaper that “Since 2017, this administration (APNU+AFC) brought an Act to the Parliament to establish a Law Reform Commission. Monies have been budgeted every year since, millions of dollars, a building has been rented on Robb Street at the rental cost of $850,000 per month, secretarial staff has been hired and are being paid, that building incurs day to day costs such as water, power, etcetera and yet three years after not one law reform commissioner has been appointed.”
Also discussed on the agenda at the AG’s meeting with the Bar was the IDB Criminal Justice Project which a member said was brought to the attention of the Bar Council in 2017 and was raised with then Attorney General Basil Williams who declined to permit any involvement by the Bar, citing that it was strictly an IDB project and they determined the persons involved.
Stabroek News understands that the GBA later learnt of purported Legal Aid under the project which raised some concern since there is already an established Legal Aid Clinic, but maintained its position that as an important stakeholder, the Bar ought to have been consulted.
Nandlall, this newspaper understands, agreed that the Bar should have been consulted even as he expressed his displeasure that the project- pegged at US$8M was not brought to the knowledge of the public though staff was being paid.
It is said he was informed that staff was working on sentencing guidelines and a Bail Act, but both of those matters had already been completed prior to him demitting office in 2015.
He signaled his intention to consult with the Bar in a bid to strengthen these areas and to introduce an Arbitration Act from a CARICOM model which was adopted in both Jamaica and Trinidad and Tobago with success, even as he discussed plans to make Guyana an Arbitration Hub.
Also discussed at the meeting was the possibility of introducing judge-alone-trials in Guyana which through legislation was recently introduced in Trinidad with apparent success.
A Bar member sought to ascertain whether government would be willing to commence consultations in this regard as it may be a useful tool in light of the difficulties posed in the conduct of jury trials and in clearing the backlog.
Stabroek News understands that the AG has requested the Association to submit proposals in this regard.
