| By Kiana WilburgThe legal standing of Government’s State Assets Recovery Unit (SARU) is now being questioned by the political opposition, the People’s Progressive Party (PPP).PPP General Secretary, Clement RoheeSince the Unit has been established by the APNU+AFC administration, it has been searching every nook and cranny within the tiers of the government structure for misappropriated state assets. And of course, such investigations are not sitting well with the opposition.In a statement to the media,Authentic Jerseys Cheap, the opposition described SARU as “secretive” and “shady”. While it emphasized the point that SARU is yet to be clothed legally, it said that its staff and Terms of Reference (ToR) are unknown to the public.The PPP said that unless these issues are clarified to the satisfaction of the public, questions will continue to be raised concerning the functions of the “sinister office”.It said, too,Jerseys NFL Wholesale China Online, that while the public is in the dark about this state-sponsored outfit with its shady ToRs and its questionable staffers, SARU continues to press ahead with their political agenda targeting high ranking officials of the former PPP/C administration.The PPP contended that SARU’s objectives are clearly political and aimed at proving the APNU+AFC Government, the Stabroek and Kaieteur News correct with regard to certain front page stories they carried in the past, and continue to carry, alleging wrongdoings by the PPP/C administration while in office.The Opposition said, “The blanket allegation against the PPP/C by Minister of State, Joseph Harmon,China Jerseys Cheap, that PPP Ministers ‘were thieving all over the place’ became the Mission Statement for the State Assets Recovery Unit.”The PPP also claimed that the intelligence behind SARU’s hyper-focus on the Pradoville 2 scandal was the Kaieteur News.“On assumption to office the APNU+AFC took up the cudgels of what was a personal vendetta on the part of the owner of the Kaieteur News and transformed it into reality. Eventually, a morphed opposition media/government vendetta became a civil-juridical matter,NFL Jerseys Sale, thanks to a conspiracy between the APNU+AFC and the Kaieteur News,” it said.The PPP continued, “All the investigations currently being pursued by the Office of the President outfit are partisan by nature,Wholesale NFL Jerseys, and are part and parcel of the APNU+AFC witch-hunting programme.The Office of the President’s SARU outfit was established for the purpose of transforming projects initiated by the PPP/C administration as “controversial” and tarnishing them as “corrupt and unnecessary.”In fact, the PPP claims that the nature and intent of the body is just as untrustworthy “as its highly salaried architects who parade the corridors of the Office of the President, and who, by virtue of their deliberate actions fan the flames of division and intolerance.”The PPP said that it is confident that the truth will come out and the facts and evidence will not support the heavy politics fuelling any future allegations and actions of the Office of the President’s State Assets Recovery Unit.The PPP concluded that it will vigorously defend itself against the wild and baseless allegations of those who now hold office, “Thanks to the manipulative and sneaky officials” at the Guyana Elections Commission.Notwithstanding the PPP comments, the coalition Government has made it pellucid over the past weeks that it is making moves to entrust legal powers to Guyana’s State Assets Recovery Unit.It is currently preparing a “Robust piece of legislation” that promises more than moral suasion with respect to stamping out corruption and prosecuting those who dared to steal the assets of the state.Dr. Clive Thomas, who is the Head of the recovery unit, had explained that the draft legislation is currently in the chambers of the Ministry of Legal Affairs. It is expected to be perused and strengthened by a specialist from the United Kingdom before being taken to the National Assembly for passage.Once it receives the blessings of the House and the assent of President David Granger, Dr. Thomas said that the entity will be renamed the State Assets Recovery Agency and it will be granted with more powers.As for the process of strengthening the draft legislation, the economist said that the Asset Recovery Unit is receiving assistance from Mr. Brian Horne, who he said, is an exceptional advisor on assets recovery.Dr. Thomas asserted that Mr. Horne, who is a Guyanese by birth, has spent most of his life in the United Kingdom. He has worked in more than 22 countries in the field of the recovery of state assets and the successful prosecution of the defaulters.Already, a number of cases have been undertaken by the State Assets Recovery Unit.Just last weekend, the Unit made a formal request to the Ministry of Public Security to investigate the criminal aspect of the Pradoville Two deal.It informed the Ministry of its report which stated that in 2010, the Bharrat Jagdeo Cabinet made a decision authorizing the National Industrial and Commercial Investments Limited (NICIL) to privatize state lands. NICIL is the body tasked with overseeing the privatization of state assets.It reportedly spent more than $200M to develop the sea front community without the knowledge and blessings of the National Assembly and other relevant bodies.The said lands were then secretly sold to the former Ministers and known friends and associates of the previous regime. At the time of the sale, the report said, the lands were grossly undervalued and sold at a price substantially below the market value thereby depriving the state of its full benefits.SARU said, “There is a direct link between the misconduct and the abuse of powers and duties of their position. The former Cabinet members knew they were doing a wrong in transferring state lands into their names and that of their acquaintances for undervalued market prices for the land. The lands were sold at $114 per square foot at the time.”“Public officers ought to carry out their duties not for the benefit of themselves but for the benefit of the public as a whole. If they neglect or misconduct themselves by their actions in the course of their duties this may lead to a breach or abuse of the public’s trust. The act of the Cabinet members for their benefit is serious enough to amount to an abuse of the public’s trust.”In a letter addressed to Public Security Minister, Khemraj Ramjattan, SARU said that based on its findings, it is requesting that Ramjattan’s Office proceed to further investigate unlawful aspects of this matter, with the aim of establishing whether criminal action should be instituted.“It is the duty of this Unit in the Ministry of the Presidency to ensure that no Minister of Government in Guyana would be the beneficiary from any acts of misconduct or unlawful conduct while being holders of Public Office.”SARU also informed the Public Security Minister that it has also forwarded its report to the Attorney General (AG) and Minister of Legal Affairs,Carlos Santana Indians Jersey, Basil Williams, along with a copy of a Legal Opinion on the potential misconduct in Public Office by the former Ministers.The document on the Legal Opinion says that there is legal scope for the argument of willful neglect by the former ministers in performing their duties without reasonable excuse or facilitation to an extent amounting to an abuse of the public trust.Further, based on the cases cited, the document outlines that the Attorney General and Minister of Legal Affairs, Basil Williams, has legal standing on this matter.Once sufficient information and evidence is gathered by his Chambers, Williams has said that a civil action against the former Cabinet Ministers will be instituted. He had explained to the media that former President Bharrat Jagdeo could face prosecution. The AG argued that Jagdeo may be immune from prosecution for certain decisions he may have taken as President, provided these were legal actions. Misappropriating state lands may not be within his purview, Williams said. |
