In the court
Prosecutor challenges magistrate over decisions in elections trial: State prosecutor in the elections fraud case, Darshan Ramdhani KC last Wednesday challenged Magistrate Leron Daly on decisions she made on the first two days and her note-taking. As a result, the long-awaited trial has now been adjourned to Monday for the defence to reply to the submissions made. Last week’s exchanges went as far as the Magistrate making her ledger available for Ramdhani to inspect the notes that she had taken. The third day of the trial at the Georgetown Magistrate’s Court began with Ramdhani outlining a number of issues he believes need to be addressed before allowing the witnesses to continue with their evidence. As Minister of Local Government and Regional Development Sonia Parag gave her evidence over the first two days and Rosalinda Rasul on Tuesday, Ramdani stated that several observations were made based on the Magistrate’s approach towards the evidence being presented. The prosecution debated for a long period with the Magistrate as they argued the relevance of mentioning the names of third parties. The prosecutor told the Magistrate that on several occasions, she had not made notes of matters to be used as evidence. Magistrate Daly then asked the prosecution to be specific in highlighting the issues so that they could be addressed. Ramdani continued to argue his case. Magistrate Daly then insisted that the prosecution point out instances where important pieces of evidence were omitted and she outlined her duties as Magistrate and added that she has the authority to omit what is irrelevant in an evidence statement. Magistrate Daly briefly explain-ed her authority as Magistrate and Ramdani subsequently apologized and further outlined the issues. As Magistrate Daly’s notes of record were questioned by the prosecution, the Magistrate handed over the ledger that was being used to make notes to Ramdani as he indicated that he observed her not taking notes at critical points when the witnesses were testifying. The prosecution also questioned the credibility of video footage that is also being used as a record. Magistrate Daly further explained that her notes are the official records of the case. This prompted the prosecution to request the footage after which her notes were examined for about fifteen minutes. Magistrate Daly then left the bench and allowed the prosecution to peruse her notes and it was after having a discussion with both the prosecution and the defence in her chambers that she returned to the bench. As a result of the exchanges between the prosecution and the magistrate, no witness took the stand yesterday in the trial of Chief Election Officer Keith Lowenfield, former District Four Returning Officer Clairmont Mingo, former Deputy Chief Election Officer Roxanne Myers, Volda Lawrence, Sheffern February, Denise Bobb-Cummings, Michelle Miller, Enrique Livan and Carol Smith-Joseph. The charge against them reads that between March 2nd of 2020 and August 2nd also of 2020, they conspired with each other to defraud the electors of Guyana by declaring a false account of votes cast for the general election which was held on March 2nd, 2020.
Judge rejects AG’s view that decision in arbitration case could be seen as `unpatriotic’: Finding in favour of two companies seeking to enforce an arbitral ruling against Venezuelan oil company, PDVSA, Justice Gino Persaud on Friday rapped Attorney General (AG) Anil Nandlall SC for suggesting that such a decision could be seen as “unpatriotic” and “anti-nationalist”. In his ruling seen by the Sunday Stabroek, Justice Persaud also remonstrated with the AG for what was seen as a “veiled threat to the independence of the judiciary designed to intimidate the court”. The judge’s ruling has its genesis in an application by Phillips Petroleum Company Venezuela Limited and ConocoPhillips Petrozuata BV for the enforcement here of a 2019 arbitral ruling against PDVSA, Corpoguanipa and PDVSA Petroleo. Similar applications have been made in other Caribbean jurisdictions and granted. PDVSA has had years of commercial transactions with the Guyana Government and payments remain outstanding to it. In his ruling, Justice Persaud said that he is satisfied on a balance of probabilities that the applicants are entitled at common law to have the arbitral award recognized and judgment entered in its favour in terms of the Award and to have it enforced in Guyana. He averred that the right to enforce an arbitral award at common law is well established and arises from the implied promise to pay the award that emanates from the arbitration agreement. He pointed out that a foreign arbitral award will be enforced at common law if the award is (a) in accordance with an agreement to arbitrate which is valid by its applicable law, and (b) valid and final according to the law governing the arbitration proceedings. Noting that the general approach of the courts to such awards is pro-enforcement, the judge said that the applicants had successfully registered and enforced the same award in the UK, USA, Hong Kong, Jamaica, Trinidad, the Netherlands and Portugal and “no lawful reason was established before me as to why it should not be registered and enforced in Guyana”. The judge pointed out that the respondents did not appear to contest it. In Jamaica, he said that the Jamaican Supreme Court appointed a Receiver in 2021 to collect funds owed by the Government of Jamaica to PDVSA in relation to the PetroCaribe arrangement between Venezuela and Jamaica and so far, approximately US$23M has been collected and used towards satisfaction of the arbitral award.
Legislative
Sweeping family violence bill passed: The National Assembly last week approved the Family Violence Bill with sweeping new provisions including police officers being allowed to enter premises without a warrant to provide assistance to a person under threat. It will replace the Domestic Violence Act once assented to. Spearheaded by Minis-ter of Human Services Vindhya Persaud, the legislation aims to address the root causes and escalating frequency of domestic violence that has been wreaking havoc in homes and resulting in tragic loss of life. For nearly three decades, Guyana’s domestic violence laws were governed by the Domestic Violence Act of 1996. The new bill, a comprehensive update, replaces the Act with a modern framework designed to offer expansive protection to individuals within the family unit. The Family Violence Bill, which comprises 58 clauses, one schedule, and six parts, addresses areas previously overlooked and incorporates insights from various research studies and international models. “Domestic violence is more than a statistical concern; it is a deeply personal crisis affecting one in three women before the age of 55,” Persaud asserted during the debate. The legislation reflects a broader understanding of domestic violence that extends beyond interpersonal conflicts, encompassing violence within family relationships, regardless of whether the individuals are currently in a relationship or have had past connections. The bill benefited from extensive consultations with NGOs, the Bar Asso-ciation, and other stakeholders, ensuring that it is both comprehensive and sensitive to the complexities of family violence. It draws on lessons from various international frameworks, including the United States’ Violence Against Women Act, New Zealand’s Family Violence Act, and Trinidad and Tobago’s Domestic Vio-lence Bill of 2020. Addi-tionally, it considers the findings from a 2021 report on new and emerging forms of family violence in Guyana. A key advancement of the Family Violence Bill is the shift from civil to a dual system of civil and criminal remedies. Unlike the previous Act, which did not classify domestic violence as a criminal offence, the new bill introduces criminal litigation options. This change is aimed at holding offenders accountable while providing enhanced protection for victims. The bill also emphasizes the importance of police involvement. Officers are now authorized to enter premises without a warrant to provide assistance in domestic violence situations and to arrest perpetrators. The bill also mandates that police reports include photographic evidence, further strengthening the documentation process. In addition, the bill introduces provisions for compensation, allowing victims to seek redress from perpetrators through the courts. This provision aims to address the financial insecurity that often traps individuals in abusive relationships.
Norton concerned at gov’t’s planned supplementary spending: The Office of Leader of the Opposition, Aubrey Norton last week expressed concern at the government’s plan to seek approval for an additional $40b in spending. In a statement yesterday, Norton’s office said that this sum is on the back of the government’s massive $1.146 trillion 2024 budget. “We, in the Opposition, will bet that this will not be its last request for a supplementary budget this year. In 2023, for instance, the government came to the National Assembly five times for extra money totaling $116b — nearly 15% more than its initial budget sum. The more the PPP government spends, the more money is lost through poor planning, mismanagement, and corruption”, the opposition lamented. It said that there is no evidence, for instance, that the government is responding to the recommendations of the International Monetary Fund (IMF) for “a strong and effective public financial management system, and a robust public investment management (PIM) framework”. Norton’s office noted that the IMF has advised, for example, that government entities must correctly cost investment plans and be trained in project preparation and appraisal. “How much of that is happening under the PPP, if any? We have seen no policy, administrative, or legislative measures from the PPP to reduce this massive loss in public funds”, the opposition said. It added: “Instead, we are presented with a bloated budget on Budget Day and several supplementary budgets throughout the year. It is now a well-settled fact that tens of billions of dollars are lost to the PPP’s elite, friends, families and favourites, through their corruption network, and further tens of billions lost through incompetence in the form of poor planning and mismanagement”. The opposition said that money lost through corruption and incompetence is money that could have gone to increase wages and provide cost of living relief. “As the next government, we will increase efficiency in public spending by, for example, adopting the IMF recommendations, by revamping the public procurement system, by beefing up the Auditor General’s office, by giving teeth to the Access to Information Act, and by ensuring the PAC functions effectively. Guyana can and must do better”, the opposition said. The government on Wednesday said it is seeking Parliament’s approval for over $40 billion in supplementary funds to shore up needed expenditure up to the end of 2024.
Accountability
PAC finds serious financial oversight issues in Region One administration: At the Public Accounts Committee (PAC) meeting on July 22nd with the Region One administration, significant financial oversight issues were brought to the forefront. One which raised great alarm was the lack of supporting documentation for 333 cheques totalling nearly $134 million found in a safe at the Regional Democratic Council (RDC) office. It was indicated that this absence was a sign of systemic failures in the region’s financial processes, which the PAC insisted must be rectified. The committee members stressed the importance of implementing robust systems to ensure that all cheques are accompanied by valid paperwork, such as procurement documents and payment vouchers. During the meeting, PAC member Ganesh Mahipaul raised concerns about the then Regional Executive Officer (REO) Teka Bissessar’s lack of adequate response to a management letter from the Audit Office in October 2020. Audit Director Gitanjali Singh stated that although Bissessar did provide a response, it was insufficient. It wasn’t until a follow-up visit in 2021 that the Audit Office discovered the necessary documentation, which confirmed that some cheques had been cashed while others had been returned to the Consolidated Fund. The high turnover rate among the regional financial team was also discussed. The PAC noted the recent appointments of many staff members in key positions, raising alarms about their capability to manage the ongoing financial responsibilities adequately. With most of these critical roles filled in the past few years, including some by personnel who have just begun their tenures, the committee expressed its worry about the potential implications of this instability. The meeting also revealed troubling procurement irregularities, which were highlighted in the Auditor General’s 2019 report, particularly the failure to publicly advertise 114 contracts that exceeded established monetary thresholds. It was found that six unapproved contractors received contracts totaling $79 million without evaluation by the Regional Tender Board, raising concerns about the region’s contracting procedures.
Investigation
Dharamlall warned about `reckless’ behaviour by lawyer for foreign service officer: The lawyer for a foreign service officer has written former Minister of Local Government Nigel Dharamlall to warn him over allegations he had made against her. Sharmayne Balram has publicly complained that she had been the subject of allegations by Dharamlall and this had resulted in police marching into the Ministry of Foreign Affairs where she works, seizing her personal devices and escorting her to the Criminal Investigation Department. Last week, Balram’s lawyer Everton Singh-Lammy wrote Dharamlall warning him to desist and signalling that his client expected an apology. “Ms. Balram had initially been informed on or around the 30th July 2024 that you were communicating to government officials and persons from the diplomatic community that you had undertaken a private investigation that revealed that she was suspected of being involved in defaming you via social media. Ms. Balram was then arrested on the 31st July 2024 and she was informed by members of the Guyana Police Force that you had made a report against her in this regard. “From the outset, my client is categorically stating that she is NOT involved in any action on or off social media that affects your reputation. You may or may not be aware but my client has had cause to make a report to the Information System Unit of the Ministry of Foreign Affairs a few weeks ago about unusual activity that was occurring across her social media accounts and professional email account that may have caused information or said accounts to be compromised”, Singh-Lammy wrote. He said that it should be noted that this report was made prior to Dharanlall’s allegation of her “involvement”. The lawyer added: “A report was also made to the Guyana Police Force in this regard. We appreciate that you would want to determine who the party or parties is or are who may actually be using social media to tarnish your `good’ reputation; whoever, your actions in informing all and sundry about what your `private’ investigation has revealed is reckless, it is causing my client harm, and you are interfering with the administration of the law. In accordance with the expected outcome of the police investigation, which is anticipated to unequivocally exonerate my client, a formal and comprehensive apology will be expected of you upon the conclusion of said investigation”. Until such time, Singh-Lammy advised Dharamlall that it would be prudent for him to desist from any undue and hasty judgements and actions against Balram as such may be construed as prejudicial and unfounded. “Your actions may amount to conspiring to procure the conviction of an innocent person and it smears my client’s good name. Thank you in anticipation of your compliance; if there is noncompliance within twenty-four hours of your receipt of this correspondence, legal action will be instituted against you without further notice”, the lawyer wrote.
Business
Banks DIH notifies shareholders of transition to new company: Banks DIH Limited (BDIH) has now transitioned to Banks DIH Holdings Inc (BDIHHI) and new shares are to be issued to stockholders BDIHHI, which has thousands of shareholders, made this disclosure in two advertisements in last Thursday’s Stabroek News. The advertisement addressed to shareholders said that the transition to BDIHHI entails converting all extant BDIH shares to new BDIHHI shares in accordance with the Scheme of Arrangement (SOA) under Section 217 of the Companies Act which was sanctioned by a High Court order dated September 4, 2023. As a result, current shares in BDIH ceased to be valid with effect from July 19, 2024. An equivalent number of shares in BDIHHI will be issued, thereby maintaining the current level of ownership in BDIH as per the SOA. Shareholders were instructed to send their old share certificates to the company secretary, Kavorn Kyte-Williams. “BDIH appreciates your continued support and investment in BDIH and is confident that this transition to BDIHHI will position the group for greater success and deliver enhanced value to you…”, the advertisement said. A similar advertisement was issued in relation to the shares held in trust or lien. In a July 4th judgment this year, Justice Fidela Corbin-Lincoln ruled that contrary to contentions made by BDIH Limited, the Guyana Securities Council (GSC) did consider an application it had made to incorporate Banks DIH Holdings Inc) as the new holding company of BDIH shares. Both BDIH and BDIHHI (the Applicants) had approached the court seeking judicial review of what they argued was the GSC’s refusal to consider its application. The judge had set a timeframe for the GSC to make its decision. It would now appear that the GSC has granted approval though there was no mention of this in the two advertisements yesterday.
Murder
Cummings Lodge man fatally shot by cop after confrontation – police: The Police say they are investigating the shooting death by a cop of Gordon Sancho, a 26-year-old unemployed man from the Goedverwagting squatting area, East Coast Demerara, which occurred at about 00:30 hrs last Sunday morning at ‘C’ Field Cummings Lodge. In a release, the police said that enquiries disclosed that Ranks from the Alberttown Police Station were on mobile patrol duty in a Police vehicle when they responded to a report about the discharging of a loaded firearm with intent. The report was made by a 15-year-old student and her 34-year-old mother, a security guard employed at a private security service. The ranks proceeded to Section ‘C’ Field, Cummings Lodge, in the company of the persons who made the report, where Sancho was pointed out to them. “On seeing the ranks, Sancho took out a handgun from the waist of his pants and discharged two rounds in the ranks’ direction, forcing them to take cover. One of the ranks discharged two rounds in the direction of Sancho, who ran a short distance in an eastern direction on ‘C’ Field Cummings Lodge road and then collapsed to the ground. “Police found a .380 pistol and three (3) live rounds of .380 ammunition next to where he was lying. Sancho was immediately picked up and escorted to the Georgetown Public Hospital by the ranks, where he was seen and examined by a doctor on duty and later died while receiving medical treatment”, the release said. The body of the deceased is currently at the GPHC mortuary, awaiting a post-mortem examination. Investigations are ongoing.
In the courts
Eon Fagundes remanded over huge arms cache: Eon Fagundes, 46, of Lot 25 Sandy Babb Street, Kitty, Georgetown, was arrested on 24-07-2024 and charged last Monday with the offences of: 1) Possession of fire-arms without a licence; 2) Possession of ammunition without a licence. The accused appeared at the Georgetown Magis-trate’s Court #3 before Magistrate Clive Nurse. The charges were read to him, and he pleaded not guilty to the charges. Bail was refused. The matter was adjourned to 27-08-2024 for disclosure. The weapons that were found Fagundes was arrested during a Police intelligence-led operation which was conducted at about 5.30 am on Wednesday, July 24th, 2024. A total of 26 handguns and high-powered rifles, along with a cache of ammunition, were found. The Police team, led by a Superintendent, went to the home of Fagundes, a clothes vendor, where a search warrant was executed. As the Police team entered the yard, Fagundes was seen exiting the door of a flat wooden house in the yard with a side bag in his right hand. He was confronted, and a search was carried out in the bag and one Sig Sauer Rifle and one magazine containing fourteen 9mm rounds of ammunition, one Polimore-80 9mm pistol without serial number and one magazine containing eight 9mm rounds of ammunition, one Spring Field Armory 45 pistol and four magazines, one containing five live .45 rounds of ammunition, and one Bravo gun holster were found. Police, during the operation, found: ** One AM 15 rifle and two magazines containing sixty-one .223 rounds of ammunition ** Two Ruger-57 9mm pistols and one magazine containing forty rounds of 9mm ammunition ** One FN-45 pistol and two magazines containing thirty-eight rounds of .45 ammunition ** One Smith and Wesson 9mm pistol and one magazine ** One Berretta 9mm pistol and one magazine ** One Spring Field Hellcat 9mm pistol and one magazine ** One Canik 9mm pistol and one magazine ** One Glock 43 pistol and one magazine ** Five Glock 19 pistols, nine Magazines and twenty-one rounds of 9mm ammunition ** Seven Glock 40 pistols and ten magazines with eighteen rounds of .40 ammunition ** Two Glock 17 9mm pistols and two magazines ** One Glock 9mm pistol and one magazine ** One Glock 45 pistol and one magazine. ** Seventy-five 12-guage cartridges ** Four hundred and fifty-six rounds of .223 ammunition ** Four hundred and eighty-four rounds of 9mm ammunition ** Eighty-three rounds of 5.7- 28 ammunition ** Thirteen rounds of 10 MM ammunition ** Three hundred and fifteen rounds of 7.62 -39 ammunition and 15 magazines. Several other persons were arrested. No charges have been reported against them.
CJ rules that 30% excise tax on remigrants vehicles unlawful – attorney: Chief Justice Roxane George SC last Monday ruled that the imposition of a 30% excise tax on the vehicles of remigrants is unlawful and the inscribed 10% figure should be applied, according to the attorney for the applicant in the matter. In a press statement, attorney Siand Dhurjon said that since July, 2023 the Guyana Revenue Authority (GRA) had raised the excise tax payable by remigrants from 10% to 30% on vehicles with engines larger than 3,000cc. He said that yesterday, Justice George granted an order sought by Adithya Bramdeo declaring that the GRA’s imposition of the excise tax at the rate of 30% was illegal. On 8th April, 2024, Dhurjon said that the Commissioner-General of the GRA, Godfrey Statia, wrote Basdeo stating that he was required to pay a 30% excise tax on his new generation 2023 Toyota Landcruiser vehicle. Bramdeo took issue with this and caused Dhurjon to write the GRA on 15th April, 2024 asserting that the correct excise tax rate was 10%. In Bramdeo’s case the 10% was equivalent to over $1,500,000 but the GRA was insisting that he pay nearly $4,600,000 – a difference of $3,100,000 in the excise tax. The GRA never responded and on 28th May, 2024 Bramdeo caused Dhurjon to sue the GRA. Last week, Dhurjon said that the GRA’s Deputy Commissioner, Gavin Low, responded by saying that regulations of 10th July, 2023 tripled the rate of excise tax payable from 10% to 30%. As such for the last year the GRA was tripling the excise tax payable by re-migrants for vehicles with an engine size of 3,000cc and above and doubling the excise taxes (at the rate of 20%) for vehicles with an engine size above 1,999cc and under 3,000cc. When the matter came up for hearing before the Chief Justice yesterday, Dhurjon said that counsel for the GRA, Nicklin Belgrave, reported that the GRA had made a mistake because it realized that the Minister of Finance had merely signed the regulations of July, 2023 but the regulations were not duly brought into force by being published in the Official Gazette or being tabled in the National Assembly. Dhurjon said that the Chief Justice granted all of the orders prayed for by Basdeo. He said that she also declared that the GRA’s policy of requiring 30% excise taxes was unlawful and she granted an order of certiorari quashing Statia’s assessment of 30% excise taxes. The judge also granted an order of mandamus to compel the GRA to apply the correct excise tax of 10%. Dhurjon said that the judge further granted an order that Bramdeo’s 2023 Landcruiser must be released to him forthwith upon payment of the correct excise taxes.
Crime
Deported US man had been wanted over killing of boy, 6: A US murder accused who was apprehended here last week and later deported had been wanted for the shooting death of a six-year-old boy in Maryland. Rakeem Gilgeous, 33, had held here last week by local police and later deported to Florida. He is to be returned to Maryland. According to wusa9.com 6-year-old Ahsan Payton was fatally shot at a Fourth of July party at 7.50 pm. Gilgeous has been charged with second-degree murder and related charges and is awaiting extradition in Florida. Police responded to the shooting at a Fourth of July party at 7:50 p.m. Payton was rushed to the hospital and died from his injuries two days later. Two adults were injured in the shooting as well. The police here said that Gilgeous was found with his American passport and $12,000. In a press conference yesterday in Maryland, Police Chief Malik Aziz thanked his law enforcement partners for working together to bring Gilgeous to justice. He also thanked the community for providing tips and information. But, he said, there is still work to do. “The race is not over,” Aziz said. That’s because police are still searching for the other person involved in the July Fourth shootout. Aziz had strong words for the person police are still searching for. “You want to be a man, you want to get out there and commit violent crimes in our county, you want to carry guns and have an insatiable love for weapons. You want to use them on our streets, you want to get into shootouts. You want to turn our neighborhoods into anything other than the peaceful places where we live work and play — where our children play, where Ahsan Payton played — and where we entertain, then be a man and turn yourself in,” Aziz said. “Because see these guys behind me? They’re going to get you. They’re coming for you, and they’re going to find you.” Officials credited tips from the community with identifying Gilgeous as a suspect in the shooting.
Sex worker choked to death in Cuyuni: At about 7 pm last Monday Police arrested a 25-year-old suspect who allegedly strangled Miracarmen Rodrigues Serrano, a 26-year-old female sex worker from Santa Elena De Vaire, Venezuela, and Quartzstone Backdam, Cuyuni River. The murder occurred yesterday at Quartzstone Landing in Region #7. Investigations so far revealed that at about 02:00 hrs yesterday, the Venezuelan woman, the suspect, and others were partying and imbibing alcohol at a shop at Quartzstone Landing. The suspect and Miracarmen subsequently left the shop and went to the Miracarmen’s room, where the suspect made an arrangement with the now-deceased woman to have sex with her for payment. However, they did not engage in intercourse at that time but returned to the shop and continued to drink. The 36-year-old owner of the shop and ‘Caimu’ where the victim lived, told investigators that, at about 03:00 hrs yesterday morning, he saw the suspect and Miracarmen leave the shop and enter her room. He subsequently heard a noise coming from the room and assumed they were having sex, so he went to bed. A few minutes later, he heard Miracarmen’s room door open and someone leave. He got up to check and observed the deceased lying on the floor of the room, clad in a white top with her underwear on her left foot. He locked the door with her inside and went back to bed. At about 07:30 hrs this morning, he checked on her again and observed she was in the same state he had left her and was unconscious. He alerted several persons and reported the matter to the police. He later received information that the deceased died while being transported to Quartzstone Waterfront. At about 19:00 hrs last evening, ranks responded to the scene and arrested the suspect.
