NICIL yesterday said that a document in circulation aimed at exculpating its former executive Colvin Heath-London who is currently under police questioning appears to be a forgery and it will report this to the authorities.
Heath-London, a former acting Chief Executive Officer (CEO) of National Industrial and Commercial Investments Limited (NICIL) remains in police custody after being detained on Friday. His attorney Nigel Hughes yesterday said that his client has been wrongfully held and questioned by the police for the last two days on a decision in which he played no part as it had been taken by the now deceased former CEO Horace James since early 2018.
And while he supplied purported documents from the 2018 meetings of decisions with James, NICIL’s recently appointed Board, which made the complaints to the police about London’s actions, yesterday disputed that the documents were legitimate.
In a statement hours after a press release from Hughes, NICIL said that the unsigned document he supplied had been carefully examined by NICIL and it has been concluded that is it neither a document emanating from NICIL nor is it part of the minutes of any Board Meeting of NICIL.
“NICIL’s Board Meetings are recorded and minuted by the Company Secretary in a particular style and format and all such minutes and records are kept by the Company Secretary.
“The document currently in circulation is absolutely inconsistent with and does not meet the standardized format of NICIL Board Meeting minutes or any NICIL document.
“The said document is titled a ‘Board Note’ from a meeting of the board of NICIL. There is no document in NICIL’s records which is styled a ‘Board Note’. In any event and most importantly, the content of that document and the decisions contained therein are not recorded in any minutes of any meeting of the Board of NICIL on that date or at all.
“In the circumstances, NICIL will formally request that the Guyana Police Force investigate that document as an alleged forgery”, NICIL stated.
Afoot
Hughes, in his press release also said that plans were afoot by the police to extend his client’s detention when there is no ground for this.
“No reason has been provided for the detention of Mr. London for carrying out the policy of the Board of Directors for decisions taken prior to the No confidence motion,” he said.
London was on Friday morning taken into police custody over controversial land deals at Peters Hall when he voluntarily attended the Criminal Investigation Department (CID), Police Headquarters, Eve Leary in the company of Hughes.
“He was arrested immediately, upon arrival for the offence of conspiracy to defraud. During the day he was questioned extensively in a video recorded interview…” Hughes said in the statement.
The Guyana Police Force and its Special Organized Crime Unit (SOCU) last week received three files from Attorney General Anil Nandlall for the investigation of leases for several acres of prime state lands at Peters Hall, East Bank Demerara which were done without any valuation, public advertisement or Cabinet decisions.
Leases for the three companies were given in May of 2018 but in January of this year all of the companies entered into agreements for selling of their lease rights at multimillion dollar price tags, of which it is alleged that PNCR member James Bond benefitted financially.
According to Hughes, Heath-London was questioned as to whether he was aware that a clause which requires Lessees from NICIL to secure permission in writing from NICIL before subletting the leased property was included in contracts of four companies and whether he was aware of any Board or cabinet approval for the leases which did require written permission of NICIL before they could sublet the properties.
He was also asked if he knew the deceased CEO and “whether he knew where Horace James was”.
Heath-London was also asked if he knew James Bond.
He was also asked whether he knew various executives of companies which had leased land from NICIL and if he knew the Sworn Land Surveyor of the lands.
Hughes said that while Heath-London was questioned about decisions taken by NICIL in 2018, “at the time of the execution of the leases (which are the) subject of the interrogation, Mr. London was not the Chief Executive Officer of NICIL. That office was held by Mr. Horace James now deceased. Mr. London was head of the SPU (Special Purpose Unit).”
He also pointed to documents with January 2018 dates that the decisions were made saying that it was before the December 21st 2018 No-Confidence Motion (NCM).
The PPP/C had said that contracts entered into after the December 21st 2018 NCM would not be honoured by it.
“Counsel L for Mr. London pointed out to and provided the investigating ranks with electronic copies of NICIL’s Board minutes and records dated the 15th January 2018, a date prior to the no confidence motion, which recorded the following discussions and decisions of the Board of NICIL. (a) NICIL’s CEO (Horace James) duly informed the newly appointed Executive Head of the NICIL/SPU of plans which are on stream for the Peters Hall area to be designated as an industrial park in support of Guyana’s new O&G sector. The CEO (Horace James) opined that nationals’ inability to secure capital to facilitate business alliances such as joint venture arrangements may be stymied. It was therefore put forward by the CEO (Horace James) that lease transactions should be amended to facilitate subletting thus creating a more competitive platform for local companies and nationals to benefit from this new business opportunity,” Hughes said in the press release.
Decision Points taken, according to the attorney, was that, “NICIL CEO would treat with commissioning of valuation and survey reports, preparation of leases to qualified applicants to facilitate onward subletting by all approved leases. Industrial Parks Lease Transactions to be formulated immediately for the Peters Hall area and such areas as Berbice and Demerara were also slated as possible industrial park developments sites to be commissioned,” he added saying that “The above NICIL Board Note dated the 2nd January 2018 approved and stamped by the CEO (Horace James) 12th January 2018 and received by NICIL/SPU on 15th January 2018 is attached for your benefit.”
This is the document that NICIL says appears to be a forgery.
Hughes also said that London’s personal items lodged with police are now missing and that his client has not been able to take a bath or afforded any hygiene opportunities.
He said that bail was also denied to his client and “to date the only allegation which has been put to Mr London is that the clause which required the written permission of the lessee to sublet was not included in some contracts.”
He said that it was pointed out to the investigating ranks that the omission of the clause which did not require the written permission of NICIL is not a criminal offence and had been sanctioned by the Board as per the board decision. The police were asked to show where it was prohibited that the clause had to be included but could not do so.
Hughes said that the State has not lost any revenue neither has any allegation to date been put that the rent on the leases were below the market rate.
He referenced testimony by former NICIL CEO Winston Brassington, who is before the courts, where Brassington justified the broad authority of NICIL.
“It is noteworthy that former CEO of NICIL for several years, Winston Brassington testifying under oath on the 12th November 2020 said in relation to NICIL and its powers `the articles of incorporation which guide the operations of the entity (NICL) gives it broad and sweeping powers to do practically anything under the sun’”, Hughes noted.
