SOCU arrests
Former Attorney General Anil Nandlall has observed that the latest utterance from Minister of State, Joseph Harmon lends support to the contentions that the series of arrests and detentions by the Special Organised Crime Unit (SOCU) is politically driven.
Harmon, during a post-Cabinet press briefing, proclaimed that former Presidents should relinquish their constitutional right of immunity upon returning to active politics. 
His comments come on the heels of past President and present Opposition Leader Bharrat Jagdeo being cleared from answering to any SOCU officials after he invoked his immunity under Article 182 of the Constitution of Guyana.
Harmon indicated that it was unreasonable to claim that immunity while being actively involved in day-to-day politics.
In summary, Article 182 states that a President shall not be personally answerable to any court for any act done in the performance in the functions of his office; no criminal nor civil proceedings can be instituted against him, in his personal capacity in respect of any acts done in the performance of his office, either during the term of office or thereafter; and while he holds office or performs the functions of Office of the President, no criminal nor civil proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him in his private capacity.
Jagdeo held the office of President and performed the functions of that office during the period August 11, 1999 –December 3, 2011.
Pradoville 2, a housing project currently under SOCU’s investigation, was developed and lots allocated thereof to the several allottees during the period that Jagdeo was President.
Government has repeated that the project was tainted with illegalities, because the land was sold for below market value.
A Police investigation was subsequently launched on the basis of the report of a forensic audit, which was conducted into the matter, but the Opposition members strongly believe it was not a case about criminality but a political witch-hunting exercise.
Consequently, that SOCU officials arrested Jagdeo to answer questions about decisions he made during his tenure as President is glaringly unconstitutional.
Unlawful arrest
Nandlall has since contended that this arrest was unlawful since Jagdeo’s decisions as a President are protected by the Constitution and he is, therefore, not answerable to a court.
Nandlall, in a statement over the weekend, said the State Minister’s assertions validate the opinion that SOCU’s probe into Pradoville 2 is purely political.
“By advancing that argument, Harmon has unwittingly corroborated the Opposition’s contentions that the recent arrests and detention were politically driven, were an expression of political witch-hunting and were intended to intimidate the political Opposition. We now have, from the mouth of one of the highest ranking officials of this Government, who happens to be an Attorney-at-Law, confirming that if a former President continues to participate in active politics, the Government will deny him his constitutional immunities,” he stated.
Nandlall also opined that such comments send wrong and dangerous signals.
“They can result in high constitutional protections, rights and freedoms to be whittled down by the opinion and interpretation of a legally untrained Policeman. I am sure that Harmon, would not allow the constitutional legal immunities which he enjoys for things said and done in the Parliament, to be determined by a Police Constable. Imagine what will happen if Harmon is arrested in the Parliament compound for something he said in an address to the National Assembly,” Nandlall rationalised.
Moreover, he asserted that Article 182 does not lend itself to the interpretation that a former president can or would lose the immunities which he enjoyed as President if he returned to active politics as was being misconstrued by Harmon.
“Being in active politics, holding political views and engaging in political agitations are all guaranteed to every citizen as a fundamental right and freedom by the very Constitution. It lacks rationality that a person will or can lose a protection which the Constitution affords by the exercise of a right which the very Constitution confers. Is it not absurd to contend that Jagdeo’s presidential immunities would have remained intact if he had pursued a career in cricket after he demitted office, but that he stands to lose it, if he returns to active politics?” Nandlall argued.
Apology
Additionally, he noted that the matter was further compounded by President David Granger’s apology for the way Jagdeo was treated by the SOCU ranks.
President Granger, during a recording of “The Public Interest”, declared that the former Guyanese Leader should not have been treated the way he was.
“We are speaking about an ex-President. We’re speaking about somebody who (had) enjoyed the confidence of the (Guyanese) people for 12 years, and I believe that his involvement in the matter under investigation did not warrant his going to the office. A decision could have been taken at the level of the Guyana Police Force…So, in my view, some other way could have been used to determine whether his presence at the headquarters was necessary,” Granger stated.
