Redacted SOCU files
Following a previous debate over the High Court’s determination over a Georgetown Magistrates’ Courts matter, former Attorney General Anil Nandlall confirmed on Monday that Justice Navindra Singh permanently stayed the criminal charge against Madanlall Ramraj, the former Deputy General Manager (GM) at the Guyana Rice Development Board (GRDB). The State’s fraud allegations were instituted through the Special Organised Crime Unit (SOCU) but Georgetown
Magistrate Leron Daly was barred from hearing the matter after Ramraj’s attorney filed legal proceedings in the High Court on May 4, 2018.
The prosecution was initially ordered to produce a copy of the forensic audit ahead of the continuation of the High Court challenge, but Justice Singh determined that Ramraj’s case could not continue after the special prosecutors representing the State had presented a heavily redacted forensic audit report. This report had formed the basis of the charges.
Nandlall contended that the Prosecution’s actions violated his client’s right to a fair trial, and noted that the “blocked-out” sections made the document unreadable. Through his client’s application, it was observed that the prosecution’s “failure” to disclose a copy of the forensic report constitutes a violation of the Applicant’s right to be afforded reasonable facilities for the preparation of his defence as guaranteed by Article 144 of the Constitution.
On June 5, 2018, Justice Singh ordered that unless the Forensic Audit Report on GRDB done by Nigel Hinds is produced to Madanlall Ramraj or his attorney-at-law by June 8, 2018, the prosecution of charges on certain case jackets in Magistrate’s Court shall be permanently stayed. Afterward, a redacted copy of the report was served to Nandlall’s office.
Nandlall said the Attorney General on July 15, 2018, filed an application in the High Court seeking to have Justice Singh’ Order recalled and set aside on a number of grounds including fraud. However, after hearing arguments from Nandlall on behalf of Ramraj and Deputy Solicitor General, Debra Kumar for the State, Justice Singh upheld Nandlall’s objections and dismissed the Attorney General’s application.
Nandlall disclosed that this effectively said that Madanlall Ramraj’s criminal charge is permanently stayed from being heard by Magistrate Leron Daly, in Court 2 of the Georgetown Magistrates’ Courts. The attorney had explained last month that the forensic report which contains 160 pages had around 98 per cent of its contents “blacked out”.
On May 19, 2017, Nandlall’s client Ramraj, along with GRDB Manager Jagnarine Singh; Badrie Persaud; former Agriculture Ministry Deputy Permanent Secretary (Finance) Prema Roopnarine; People’s Progressive Party Parliamentarian Nigel Dharamlall, and Rice Producers Association head Dharamkumar Seeraj were summoned by SOCU for questioning in relation to the GRDB’s operations from the years 2011 and 2015. They were later that day charged and bailed for fraudulent omission of records with regards to the PetroCaribe Fund.