Former GL&SC Head slapped with “misconduct in public office” charge

— released on $200,000 bail

Former Head of the Guyana Lands and Surveys Commission (GL&SC), Trevor Benn was on Friday charged with Miscount in Public Office in relation to the leasing of some six acres of unmarked lands at Ogle, East Coast Demerara (ECD), for which some $27 million was paid.

The charge alleges that between January 1, 2018, and March 31, 2020, while being a public officer at the Lands and Surveys Commission, Benn “…willfully misconducted himself by causing the sum of twenty-seven million Guyana Dollars (GYDS27,000,000) to be paid by Janico Vide Industrial Engineering Limited for the lease of six (6) acres of land at Plantation Ogle, East Coast Demerara, knowing at the time that the Guyana Lands and Survey Commission did not have the authority to lease any land at Plantation Ogle… and thereby granted a Provisional Lease on 27th day of March, 2020, to the said Janico Vide Industrial Engineering Limited without any description, the said willful misconduct amounting to a breach of the public’s trust, without any excuse or reasonable justification.”
Benn was not required to plead to the indictable charge and was granted $200,000 bail by Magistrate Leron Daly during his arraignment at the Georgetown Magistrates’ Courts. He will return to court on March 31, 2021.

The former GL&SC Head was arrested on Wednesday morning and had been in custody since, pending an investigation. In an interview following his arraignment, Benn maintained his innocence, calling the charge against him nonsensical.
“I have worked all my life with international organisations and in many countries around the world, and have never faced this. I don’t understand how you can bring a charge that speaks to a man helping the Government, bringing resources [and] revenues to the Government, and you’re charging him for bringing revenues to the Government. It’s a nonsensical charge,” he reiterated.
However, it is unclear what the $27 million payment was for since a Memorandum of Understanding (MoU) signed between Benn and the company in question also included a rental fee of $200,000 annually for six acres of land, which was leased for 50 years.
The MoU states, “The purpose of this MOU is to… Confirm the intent and commitment of the GL&SC and the Company for the leasing of the said 6 acres of land, owned by the Government of Guyana as part of the stock of State Land, and upon payment of $27,000,000.00 (twenty-seven million dollars) for the development of commercial, industrial and real estate activities.”
But there is no procedure under the State Lands Act that allows for a MoU to be signed before a lease or provisional lease is granted.
Moreover, acting Commissioner of GL&SC, Enrique Monize had stated in correspondence to the Attorney General that upon research, he was unable to determine any vacant, available land under the control of the Commission at the location agreed upon.
He explained that Plantation Ogle has always been the property of the Guyana Sugar Corporation (GuySuCo), which is now vested to NICIL, except for lands that were handed over to the Government for the Ogle Airport and to the Central Housing and Planning Authority (CH&PA) for any schemes.
It was against this backdrop that the Police were called in to investigate the transaction.
This issue came to light last month following the examination of the transaction by the current GL&SC administration after they received a legal notice from the company’s lawyers in December 2020, demanding the six acres of land be handed over.
Based on the agreement signed, Janico Vide Industrial Engineering Limited, which is located at Ruimveldt, Georgetown, was obligated to make the payments in two instalments of $13.5 million – the first upon the signing of the MoU and the balance in November 2017, or upon the receipt of the lease.
In a letter dated December 22, 2020, the law firm of Hughes, Fields & Stoby disclosed that “…it was agreed by the MOA (Ministry of Agriculture) that the consideration for the said lease would be the sum of $27M…”
The lawyers noted this sum was paid in full as per the MoU, that is, the first payment on May 4, 2017, and the second on March 27, 2020. Despite this, however, the lawyers said the company has not received the lands.
“We are instructed that the GL&SC informed our client that before it could identify the precise area of the lease, the GL&SC would have to carry out a cadastral survey of the area. Accordingly, on our client making the second payment requested by the GL&SC on the aforesaid 27th day of March, 2020, it was awarded a Provisional Lease pursuant to Regulation 7(1) of the Regulations to the State Lands Act, Cap. 61:01 of the laws of Guyana. Our client was informed that the precise or final boundaries of the leasehold area would be established upon the completion of the aforesaid cadastral survey by the GL&SC,” the law firm noted.
“We are instructed that despite several months having elapsed since the time of payment of the balance, and the execution of the Provisional Lease between the GL&SC and our client, and despite several promises by the GL&SC to expeditiously complete its survey and execute a full State Land Lease in our client’s favour stating the defined boundaries of the leasehold area, our client has been unable to secure this up to the present time.”
Against this backdrop, the lawyers had demanded that the Commission issue six acres of land to the company or otherwise face legal proceedings.
However, the issue was subsequently handed over to the Police.