This Week-in-Review October 13th to October 19th

In the court

High Court denies application by Brutus to accompany wife to US for medical attention: Justice Gino Persaud last Friday refused an application by embattled Assistant Police Commissioner Calvin Brutus and his pregnant wife Adonika Aulder, made by their Attorney Earl Daniels for Brutus to accompany Aulder to the US for medical attention in view of revelations that there are 240 charges pending against him for money laundering and other serious financial crimes. Among the disclosures, in an affidavit in response to Brutus’s application, was that the State through a High Court order had frozen some nine accounts held at Republic Bank, Demerara Bank and the New Building Society in the names of Brutus, his wife and their minor son Combined, those accounts hold $500 million accumulated over a period of one year. The State, represented by Attorney General Mohabir Anil Nandlall, Deputy Solicitor General Shoshanna V Lall, Principal Legal Advisor Ronetta Sargent-Prince and State Counsel Thalia Thompson, Paneeta Persaud and Mohanie Sudama, forcefully opposed the application. The reasons and basis were explained in an affidavit sworn by Head of the Special Organised Crime Unit (SOCU) Fazil Karimbaksh. Lall argued that Article 148 of the Constitution, upon which Brutus relied, citing that his right to freedom of movement had been restricted, was not an absolute right and was subject to numerous limitations. One such limitation was that public servants, including Brutus, were required to seek and obtain leave of their permanent secretaries before they could leave the jurisdiction. Lall further stated that no request was made or approval obtained for Brutus to leave the country. The state argued that the application before the court was premature as Brutus had skipped the step of approaching the permanent secretary and the court agreed. Daniels claimed that while SOCU had announced that it was investigating Brutus for money laundering and other serious financial crimes, his client was not notified. He said that Brutus learned about the investigation from posts made by several media outlets and SOCU had not made direct contact with Brutus. Daniels assured the court that his client would return to defend the allegations against him in the court of law once granted permission to leave Guyana. The attorney further contended that Brutus possessed many assets in Guyana, including properties.

Cash grant

Every adult to receive $100,000: President Irfaan Ali last week announced a revision to his previously announced cash grant incentive, saying that instead of the one-off $200,000 per household payment, each adult citizen 18 years and older will receive a one-off cash grant of $100,000. To be eligible, recipients will have to show proof of Guyanese citizenship by way of national identification card or Guyana passport. “I now wish to announce that, instead of the one-off cash grant of $200,000 to every household previously announced, my government will expand this benefit by providing a one-off cash grant of $100,000 to every adult citizen of Guyana who would have attained the age of 18 years as of 1st January 2024, with the simple means of verification being possession of a valid national identification and or a valid Guyanese passport,” Ali announced via a live broadcast on radio, television and the internet. The President did not specify when the money will be paid but Minister within the Office of the Prime Minister Kwame McCoy who is responsible for communications told Stabroek News that the payout would begin soon as work to facilitate it had already commenced. This newspaper understands that the modalities for payment are already being worked on, and that the payout process, because of the logistics of the country, could begin soon but take up to the first quarter of next year to be completed. However, one source said that the government wanted the payout to be executed as “quickly, transparently, effectively and efficiently as possible”. The President yesterday said that his announcement last Thursday of a series of measures in keeping with his government’s aim of increasing disposable income, creating better opportunities, and building prosperity for all of the people of Guyana, which included the $200,000 per household cash grant, had to be revised because of a number of concerns raised.  “As is always the case with such initiatives, my government’s aim is to ensure ease of implementation, removal of barriers to access, and simplification of administrative procedures, always in the best interest of the population. It goes without saying that, in the normal course of implementing any government policy initiative, pre and post-testing and analyses are critical to ensure the greatest impact and highest level of efficiency in the delivery of service,” Ali said

Oil & Gas

Seeping oily substance disrupts residents’ lives at Crane: Crane residents are contemplating their next move following the discovery of an oily substance seeping into their homes from underground and sparking fears about its origins. The Environmental Protection Agency (EPA) and the Guyana Geology and Mines Commission (GGMC) have since responded and the affected residents are seeking answers as investigations continue. Yesterday, Stabroek News visited 62-year-old Basmatie Singh’s home at 6 D Crane. She was sitting in her backyard with red eyes and complained about a burning sensation on her skin. “October 3rd, around 5:30, I was cleaning and saw this white spot. It was in multiple places,” she recounted. “I moved my furniture and noticed something coming through the tile. I cleaned it off, but it kept coming back. The next day, I called the EPA, but they didn’t answer, so I contacted the Geology and Mines Commission. Someone came that Friday afternoon and took a swab.” Word quickly spread, prompting the EPA to get involved. Singh stated that when they arrived, officials asked if she had any construction or industrial activities ongoing in the area. “I told them no, but ExxonMobil is just a stone’s throw away,” she said. The GGMC and the EPA conducted tests the following day and confirmed that the liquid was an “oil substance.” Singh recalled, “They used equipment to test it, and when the blue light came on, they said it had something to do with oil. A guy from Exxon even rubbed it in his hand and said it was oil, but they couldn’t say where it was coming from.” Since discovering the substance, Singh’s life has been upended. She spends most of her day in the backyard and only goes inside the house at night. “In the morning, when you come downstairs, your face starts burning, your eyes sting, and your skin feels on fire,” she explained. “We’re not cooking inside anymore, and all our things are outside. We mop the area about five times a day and sleep with onions in water nearby to cope.”

Govt, VHE to sign contract for third oil audit next week, company’s second audit findings still outstanding: With final decisions of two oil audits still outstanding, the contract for the third has been won by the same Vitality Accounting, Haynes and Ramdihal and Eclisar Financial (VHE) Consortium that did the second one and it will be inked next week, Minister of Natural Resources Vickram Bharrat said last week. The National Procurement and Tender Administration Board last week posted on its website last Thursday that the contract was won by VHE. In August, Bharrat had announced that the contract would have been signed the following month but had later updated that the tenders were still being evaluated. The consortium of Ramdihal, Haynes, Vitality Consulting, and Eclisar Financial & Professional (RHVE), had conducted the US$7.3 billion cost audit for the 2018 to 2020 timeframe and those findings have seen the GRA ask a number of questions of the auditors and they in turn of ExxonMobil. Stabroek News had reported that the final report for the RHVE audit challenged around only 1.3% of the US$7.3 billion total – much less than the 12.8% in the first audit of the US$1.67 billion by UK auditing firm IHS Markit. Most of the challenged amounts related to small-ticket items and expenditure unrelated to oil and gas operations, raising questions about the sampling. The RHVE audit report had said that the company assigned costs using a complex system and while only a small figure, some expenses were above what they should be and included a transfer pricing percentage. In mid-February this year, the Government of Guyana advertised for a third audit, covering the period 2021 to 2023. It had specified that the auditing team must comprise transfer pricing specialists. There must also be cost accountants, crude oil valuation experts, certified fraud examiners, procurement and contracts experts, a partner who specialises in natural resources/risk management, and a partner with expertise in cost recovery audits in the oil and gas industry. The consultant as a firm or with partners must have completed at least three similar assignments during the past seven years. Team members should also have in-depth international expertise, local and regional knowledge, and access to benchmarking for comparable deep-water environments. When the bids were opened on March 5, at the National Procurement and Tender Administration Board, three companies submitted tenders.

Environmental

Linden Mayor calls for closure of access road built with toxic material: Linden Mayor Sharma Solomon has called for the immediate closure of the uncapped Nooitgedacht access road in view of concerns over new findings of unsafe levels of arsenic, zinc, nickel, and chromium there. At the statutory meeting of the Linden Mayor and Town Council (LMTC) on September 4th, 2024, Town Clerk Lennox Gasper was tasked with sending correspondence to Minister of Public Works Juan Edghill to make him aware of this. This was not done. Gasper is on record saying, “Correspondence was not sent, however, I did engage the minister.” Minister Edghill denied this before a meeting with stakeholders on October 12th,2024. “Let me be clear, this is the first time I’m hearing of this. So nobody could say I knew about it and didn’t respond,” Edghill said. The situation has escalated due to increased traffic on the road, which has become a primary route for residents since the closure of Castarina Drive for the Mackenzie/Wismar bridge project. During an interview with Stabroek News yesterday, Solomon stated, “This is a toxic situation. The road should be capped before the bridge is finished. Along the stretch of road, we have some of Linden’s oldest residents. With the increased traffic and dust production, it poses serious health hazards.” The issue came to light after it was revealed that materials sourced from the aluminium plant deposit waste area had been used illegally on the road. Solomon highlighted that this road is maintained by the Ministry of Public Works, therefore it is the responsibility of the ministry to reprimand the contractor who engaged in this illegal and hazardous act. A member of the LMTC, Councillor Waynewright Bethune stated that the problematic materials have been in use for at least two months. “… The material that they keep using is the material from the aluminium plant. Recently, about two months ago, I took it upon myself to sample the material,” Bethune said. “I got the results a week ago. I did share it with the councillors at the last meeting. The fact that we’re closing the other streets and forcing people to drive there will increase the dust in the air. I had BOSAI doing some capping on some other roads previously. That road should be capped as soon as possible.” He said there could be serious health concerns, since the potentially harmful concentrations of heavy metals that could pose significant risks to both children and adults. The results of the testing show alarming levels of lead, arsenic, zinc, nickel, and chromium, all of which exceed the safe limits set by the Environmental Protection Agency (EPA).

Police

Damning report finds misuse of power, intimidation and ignorance in police operations last year: In a damning indictment of the Guyana Police Force (GPF), its oversight body, in its latest report, has described numerous shortcomings, including ignorance of or failure to adhere to standing orders, ignorance of fundamental rights and key laws, misuse of police powers, alleged unlawful arrests and intimidation. These and other concerning defects within the GPF are highlighted in the Police Complaints Authority (PCA) 2023 Annual Report, distributed on October 10, 2024. In the report, PCA Chairman Justice (rtd) William Ramlal detailed numerous violations of the PCA Act and raised concerns about the oversight and accountability of police actions, particularly regarding fatal incidents involving officers. Contacted, Head of the GPF Corporate Communications Unit Mark Ramotar said he was unaware if the PCA Chairman had shared the 2023 report with the GPF or its senior command. However, on October 12, 2024, the GPF issued a statement addressing concerns raised in the report. The statement specifically addressed the number of complaints filed against GPF personnel, calling the figure relatively minor when compared with the vast number of interactions the GPF had with the public each year. The PCA reported that 194 complaints were received against police officers, with 53 rejected and 22 pending investigations. While this may suggest widespread issues, the GPF argued, the numbers do not adequately reflect the overall performance of its officers. It stressed that the complaints represent a small fraction of the thousands of cases handled in 2023. According to the report, no information was provided to the PCA for 2023 regarding censure, which raised questions about disciplinary measures taken against police officers. Notably, the report cited four cases of fatal police shootings that were referred to the PCA for investigation. However, Justice Ramlal said, he was unable to fulfil his statutory obligations because he did not supervise the investigations, as required under the law. The investigations were conducted without proper oversight, a breach of Sections 12, 13, and 14 of the PCA Act, he said, asserting that the police were effectively acting as judge and jury in their own cases. “These matters were all investigated by the police in flagrant violation of the law,” Justice Ramlal stated, noting that files concerning the cases were never forwarded to the PCA. He has urged President Irfaan Ali to intervene, insisting that it is imperative for the President to clarify to the Top Cop that such breaches could not continue.

Rice

GRDB launches new high yield rice variety: The Guyana Rice Development Board (GRDB) last week unveiled its high-yielding rice variety GRDB 18, at Sebastian’s Farm, Nooten Zuil, East Coast Demerara. With this new variety, the GRDB promised, farmers will see enhanced productivity and sustainability. However, with the introduction of this innovative strain comes an urgent call to action regarding pest management, particularly the control of paddy bugs during critical growth stages. Agriculture Minister Zulfikar Mustapha who officially unveiled GRDB 18, said, “This new high-yielding variety is the third variety launched in less than four years and represents the government’s commitment to research and innovation to boost the rice industry.” The GRDB 18 variety has been carefully developed to address the specific challenges faced by rice farmers. It has the potential to yield between seven to nine tonnes per hectare, positioning it alongside other well-regarded high-yielding varieties. Additionally, it exhibits remarkable tolerance to waterlogging, a critical factor for maintaining high-quality harvests, and can endure delayed harvesting for up to 14 days. General Manager of the GRDB Badrie Persaud stated that the Rice Board’s target this year is to produce 700,000 tonnes of rice.  “… We are a very, very small player in the global production and the global trade of rice,” he noted. He added that the established acreage in the five regions of Guyana where rice was cultivated, 92,000 hectares.

Minister disputes Auditor General’s findings on women’s programme: Minister of Human Services and Social Security, Dr. Vindhya Persaud has labelled the Auditor General’s report on her ministry’s Women’s Innovation and Investment Network (WIIN) programme as being “riddled with flawed conclusions, inaccuracies and omissions”. Saying that the ministry is “disturbed by the numerous inaccuracies, serious flaws and significant omissions,” the Minister in a statement on Sunday boasted that WIIN “has revolutionized access to training for women across Guyana, offering the first-ever free hybrid model with zero entry requirements,”. “This programme, unprecedented in its scope and impact, ensures that women in every region—regardless of background or circumstance—can gain valuable skills through the Guyana Women’s Leadership Institute,” the Minister said in a statement in response to this newspaper’s article on the Auditor General’s report in last Friday’s edition. Stabroek News had reported that the report has found major flaws in the programme for vulnerable women including poor design and follow-up but had stated that improvements are being made. According to the Auditor General’s report, which was tabled in Parliament last Thursday, only 16% of the vulnerable women who were interested in the programme were reached. It found that no provision was made for monitoring and evaluation of personnel in the Guyana Women’s Leadership Institute’s (GWLI)  organisational structure and raised questions about the quality of the training offered. The report highlighted a number of other shortcomings of the programme. During the period, 14,663 persons had applied to the programme and 2,571 of them were identified as the most vulnerable (unemployed single parent) women. “However, only 410 of these women took part in the programme. As a result, 84% of the most vulnerable women are at risk of being left behind,” the report said. Concerning as well, the report found that training received by “vulnerable women through the institute may not be beneficial in allowing them to gain meaningful employment”. This newspaper had spoken to one beneficiary of the programme’s child care training who said that she was unable to gain employment with the certificate she received and was even told by another agency that falls under the Ministry that the certificate is meaningless. The Ministry re-established the GWLI in 2021 and spent a total of $185.5m over two years. According to the report this included $64m spent in 2021 alone on the WIIN training programme, aimed at empowering women and girls. However, the programme started five months after the institute was re-established and rolled out nationally in July.

Appointing Hicken substantive police chief would be at odds with Constitution – Goolsarran: Former auditor general Anand Goolsarran has submitted that substantively appointing Acting Police Commissioner Clifton Hicken who is one year past his retirement age would be unconstitutional and illegal. “Mr Hicken’s tenure as Acting Commissioner of Police should have ended in July 2023, unless he was substantively appointed before that date in which case it would have been entirely appropriate for the President to extend his appointment to a date not later than age 60,” Goolsarran wrote in his Accountability column published today. “In the circumstances, it would appear that the President was ill-advised when he extended Mr Hicken’s acting appointment beyond his retirement age. Indeed, the continuation of Mr Hicken as Acting Commissioner of Police beyond July 2023 lacks legal/constitutional support,” he added. His views mirror that of the opposition and observers who include former and retired assistant commissioner of police Clinton Conway. Goolsarran said that a substantive appointment without breaching the Constitution could not be created now. “It has been suggested that Mr Hicken should proceed on retirement, after which he could be re-employed as Commissioner of Police on a contractual basis. This is a non-starter in that the Constitution prescribes how the Commissioner is appointed and on what basis he/she should demit. These provisions cannot be replaced by a contractual agreement,” he contended.

Goolsarran laid out the constitutional position on the issue given that it has been reported by some media that President Irfaan Ali was set to appoint Hicken to the position of Commissioner of Police, although he passed the retirement age of 55 some 14 months ago. He also pointed to Earle John, a Human Resources Consultant, who said that there was no precedent for someone to be appointed to a position after attaining the retirement age. Conway backed John, stating that former commissioners, Balram Raghubir, Laurie Lewis, Floyd Mc Donald, Henry Greene and Leroy Brummel all had their services extended before they reached the age of retirement.

Top Cop told SOCU he accepted envelope with $8.5m from businessman to finance Brutus’ wedding: As silence continues over the SOCU money-laundering probe into Assistant Commissioner of Police, Calvin Brutus, the Sunday Stabroek has learnt that Top Cop Clifton Hicken submitted a statement to the investigators acknowledging that he collected an envelope with $8.5m in cash from a businessman to offset the cost of Brutus’s wedding at the Pegasus Suites Atlantic Conference Centre. Hicken’s statement to the investigators, seen by the Sunday Stabroek, will raise further concerns about the culture in the police force of accepting money and incentives from the business community despite the fact that this could undermine the role of law enforcers. The statement by Hicken was meant to corroborate Brutus’ contention that he (Brutus) had collected a large amount of monetary gifts at his wedding which were later deposited at a bank and which then triggered a money-laundering investigation by the Special Organised Crime Unit (SOCU). In his May 20, 2024 statement to investigators, Hicken related being invited to Brutus’ November 11th 2023 wedding. The Top Cop said that he had instituted a policy of motivating his officers by supporting them for special occasions such as weddings, birthdays and anniversaries. This, he said, entailed “support from a stakeholder’s approach”. Hicken related that “As such, I decided to continue this policy and proceed(ed)  to inform several of my personal friends and stakeholders about (the scheduled) wedding of Calvin Brutus…”

Migrants

Todd plays down reports of difficult conditions for Venezuelans in Linden: Following his visits to Linden on October 8th and 9th, Minister of Foreign Affairs Hugh Todd played down reports in this newspaper about Venezuelan migrants living in difficult circumstances and on October 10th, after being criticized by leaders in the town for not engaging with them, he launched into an explosive tirade against this reporter and Stabroek News. In the Sunday Stabroek of September 29, it was reported that Venezuelans were living in difficult conditions in Linden and local residents had expressed anxieties at their presence. The report was based on a visit by this newspaper to Linden. In an interview with Stabroek News on October 9th after he had visited the town in response to the newspaper’s story, Todd categorically denied reports of groups of migrants “roaming in groups of 20,” asserting instead that the majority are “employed and living in squatted areas”. This despite the fact that the Ministry of Home Affairs in December of 2023 had said that there were no Venezuelan migrants in Region 10. During the interview on October 9th, Todd emphasized the contributions of migrants to the local economy and outlined future support initiatives, including plans for regularizing their status, as well as providing access to healthcare and education.

Attempting to refute the portrayals in Lindeners’ reports to SN, Todd remarked, “An anonymous source claimed that 20 migrants descended on their property and they wanted foodstuff… We did not get any information to verify what you guys got… 80% of them are actually working. There are a few single mothers, who we will give support to, but based on the responses we got they are all working and they are all adjusting well so when I raised the matter that SN published, no one can actually verify that actually occurred, because they don’t move in groups of 20, it’s about over 150 people, so if we have 20 persons who are roaming around aimlessly, everyone would know”.

In the courts

Brutus move to court self-destructive as govt has files on him – Jagdeo: Vice President Bharrat Jagdeo last week warned that Assistant Police Commissioner Calvin Brutus’ recent move to the court against the Attorney General and the police chief was self- destructive as the government has files on him from when he oversaw the procurement system of the police force. “We will respond to the constitutional motion in court and since some charges were made, trust me, our affidavit to respond to those charges may not be beneficial to the particular individual because we will go into great detail about what our findings were in the procurement system … when he was heading the administration of the Police Force,” Jagdeo told a press conference. He said that his PPP/C party was sending a signal to the public that it would not condone corruption. “The PPP will not tolerate corruption in the police or anywhere else and when we find corruption in the Police Force or anywhere else, there would be no attempt to cover it up. So, if you believe that you have a special relationship with the government and that we will, pursuant to that relationship, cover up your misdeeds, you have it wrong. You don’t know the PPP,” he said. Amid the disclosure that charges have been recommended following an investigation by the Special Organised Crime Unit (SOCU), Brutus this week moved to the court against the Attorney General, the acting Commissioner of Police and others, arguing that he was being victimized and denied services including a restriction on his accounts. An application lodged for Brutus also alleged that Cabinet had a role in him being sent on leave and recounted an appearance in court where he was threatened with a wanted bulletin if he did not show up at SOCU, which spearheaded the investigation. The affidavit also accused senior government officials of interference in the matter. Brutus is seeking a number of declarations from the court including that the acting Commissioner of Police acted ultra vires on July 4 by transferring him from the position of Deputy Commissioner due to “political directives and improper administrative procedures”. Also being sought by Brutus is a declaration that Cabinet acted ultra vires on July 11 when it instructed acting Commissioner of Police Clifton Hicken to send him on annual leave due to allegations of involvement in financial crimes. Brutus is seeking a declaration that the rules of natural justice were violated as he was not afforded a fair opportunity to respond. He further seeks a declaration that Minister of Home Affairs Robeson Benn acted ultra vires when he dispatched a letter to the acting Commissioner of Police dated August 21, 2024 for Brutus to proceed on leave on August 22.

‘Fish Teeth’ to serve 11 years for 2019 prison killing: Devendra Persaud, also known as “Fish Teeth,” was sentenced yesterday to 11 years in prison for the 2019 killing of fellow inmate amuel Lyttle at the Lusignan Prison. The sentence was handed down by Justice Peter Hugh at the Demerara High Court. During the sentencing, a probation report painted a troubling picture of Persaud’s behaviour while incarcerated. The report revealed that Persaud had been resistant to rehabilitation, frequently assaulting both inmates and prison officers. Despite being transferred to different prisons, his violent behaviour persisted. The probation officer also conveyed that some prison staff felt Persaud should not be allowed to re-enter society due to his abusive tendencies. When given a chance to address the court, Persaud expressed remorse for Lyttle’s death, stating that the incident could have been avoided if they had been separated. He claimed that he never intended to kill Lyttle, asserting that his actions were in self-defence. Persaud claimed that on the day of the altercation, Lyttle had been harassing him repeatedly. In an attempt to defend himself, Persaud said, he grabbed a piece of wood, unaware that it had a nail, which ultimately delivered the fatal blow. This claim was also noted in the probation report. rutus is also seeking a declaration that the Police Service Commission acted ultra vires in sending a letter to the acting Commissioner of Police dated August 29, 2024 that said that Brutus had proceeded on leave with effect from August 22, 2024.

Crime

Cubans die in murder/suicide: Police were last week investigating the murder/suicide of a Cuban couple that occurred at their home on Station Street, Kitty, on Saturday afternoon. According to a police press release, the deceased have been identified as Yuni Zamora Castro, 25, and her 60-year-old reputed husband known only as El Tio. Authorities responded to the scene around 5:30 pm after reports of a violent altercation to find Castro lying on the ground, face up, while the man was hanging from the roof of the house. The police said initial investigations revealed that Castro and El Tio were living together in the two-storey concrete house, which they shared with several others. Friends and neighbours said that the couple had a tumultuous relationship. Anislaidy Diaz Leblanch, a 42-year-old cleaner and cook who worked alongside Castro at a food shop in Stabroek Market, told the police that just four days prior to the incident, Castro had expressed a desire to separate from El Tio, citing his jealousy as a significant issue. According to the police, Leblanch said that shortly after she and Castro returned home from work on Saturday, El Tio approached and handed Castro $1,000, requesting that she take from it the $200 he owed her. When she informed him that she did not have change at that moment, he retreated to the lower flat of the house. The release said Leblanch told the police that Castro was on her phone downstairs sometime later when El Tio approached with a knife and began to stab her. The woman said she then fled. Emergency services were called to the scene, but both Castro and El Tio were pronounced dead at the scene. Preliminary examinations indicated that Castro sustained 14 stab wounds, while El Tio had nine wounds to his chest area. The bodies were escorted to the Memorial Gardens Funeral Home, where they are awaiting post-mortem examinations.