PPP challenges DPP’s decision to withdraw charges

Criminal charges against APNU/AFC ministers

…says “intervention was unlawful”

By Michael Younge

The Director of Public Prosecutions (DPP) Shalimar Ali-Hack will soon have to defend her office’s decision to intervene in a matter which saw the People’s Progressive Party/Civic (PPP/C) filing private criminal charges against several Government Ministers, who were implicated in a number of massive corruption scandals.
This was revealed by former Attorney General and current attorney-at-law for the PPP/C, Anil Nandlall who on Friday confirmed that papers and actions officially challenging the DPP’s intervention have been filed within the Courts.
He said the DPP’s office’s intervention was completely unnecessary and unlawful.
“We believe that the DPP’s office acted in error and acted unlawfully. Also, we are prepared to go all the way to the Caribbean Court of Justice on this matter,” Nandlall told Guyana Times.
He said it is no longer that a number of legal suits and actions brought against the Government of Guyana epitomize the ongoing political struggle.
“…Politics has contaminated all of the areas of the State and we have to ensure that the rule of law prevails and is upheld,” he insisted.
The DPP back in August had for the second time in one-week, discontinued charges of “Misconduct in Public Office, contrary to the Common Law” initiated by Opposition Members of Parliament (MPs) against Public Infrastructure Minister David Patterson; Finance Minister Winston Jordan; and Public Service Minister, Dr Rupert Roopnaraine.
In the first charge, the court heard that Jordan and Patterson were being accused of “paying to Private Limited Liability company, Homestretch Development Inc (HDI), the sum of $906 million, being public funds, without any resort to the procurement process as is required by law.”
The additional charge against Roopnaraine alleges that “while being a Minister, [he] acted as Director of the Private Limited Liability Company, Homestretch Development Inc (HDI) and accepted $906 million of public funds without any resort to the procurement process which is prescribed by law.”
However, DPP Ali-Hack said “the private criminal charges for the offence of Misconduct in Public Office, contrary to the Common Law instituted against Ministers Winston Jordan and David Patterson and Rupert Roopnaraine were discontinued by the Director of Public Prosecutions under Article 187 (1) ( c) of the Constitution of the Cooperative Republic of Guyana.”
She maintained that “these charges concern a grave issue under the criminal law in relation to two serving Ministers. [As such,] in the interest of good governance in the State of Guyana such allegations ought first to have been reported to the Guyana Police Force for an investigation to be launched and the advice of the DPP sought.”
The $1 billion D’Urban Park project has been shrouded in secrecy and considered to be a highly corrupt deal since its inception.
Following calls from the parliamentary Opposition, the Office of the Auditor General of Guyana launched a special audit into the shady project. Charges were also brought against other Ministers in relation to the Sussex Street Drug Bond, which is also shrouded in secrecy.
However, when a case was filed in this regard, the DPP also discontinued them on the same grounds as these recent charges.
On April 19, 2018, the Opposition filed a case against Social Cohesion Minister, Dr George Norton – who was former Public Health Minister – and Public Health Minister Volda Lawrence. These charges were in relation to rental of a house in Sussex Street, Albouystown, Georgetown, in the sum of $12 million to store drugs and the sole sourcing of drugs and pharmaceuticals from private company, ANSA McAL Trading Limited in the sum of $605 million.