SARU Bill 2016
The provisions of the State Assets Recovery Unit (SARU) Bill give the courts the final say in any proceedings that may come before it, Legal Affairs Minister and Attorney General (AG) Basil Williams has said.
The Bill, which is set to be read for the second time in the National Assembly today, will not see any criminal charges being taken against any of the defaulters.
The Attorney General met with Journalists on Wednesday, along with SARU’s Head, Professor Clive Thomas and sought to dispel all misconceptions regarding the nature of the Bill.
Williams maintains that there is nothing criminal about the provisions of the Bill, as it is intended strictly to act against illegal access to property.
“It is strictly a civil recovery proceeding. It is a proceeding where no one will be arrested, charged, prosecuted nor is there any question under this Act that anyone will be given a custodial sentence. So, there is nothing criminal about this Bill,” the AG said on Wednesday.
According to Williams, the process, though driven by the Director and staff of the Unit, requires the intervention of the High Court because it could give effect to the results of its investigations.
He explained that appeals were allowed from decisions of the court as in any area of the law.
Meanwhile, Williams related that while stolen State property must be recovered, once the value of the property was below $10 million, legal action would not be pursued.
“In the final analysis, the court could decide in all the circumstances that it is not granting any order depending on the justice of the case.”
SARU’s Head weighed in on the position of the Attorney General, saying it is clear that mischief is being made by some factions of society, seeking to create the impression that the Bill thrusts power into the hands of SARU members.
Under Article 54 (1) of the UN Convention Against Corruption, each State Party must consider taking measures as may be necessary to allow confiscation of property without criminal conviction. In the context of the convention, civil recovery may be employed as part of the State’s national and international strategy in the fight against corruption, to mitigate the damaging effects of such conduct and to mobilise resources for sustainable development. As a mechanism in the struggles, civil recovery enables forfeiture, through civil proceedings, of proceeds of criminal activity so as to deprive persons of illicit gains, when criminal proceedings may not be possible or where prosecution fails.
