One week after Chief Justice Roxanne George granted a stay of proceedings into the Misconduct in Public Office charge against Former Finance Minister, Dr. Ashni Singh and former head of National Industrial and Commercial Investments Limited (NICIL), Winston Brassington, the matter was once again called in the Georgetown Magistrates’ Courts.
This morning when the matter came up before Chief Magistrate Ann McLennan, the orderly called out the defendants’ name thrice and there was no answer.
The Magistrate, after inquiring about the whereabouts of the defendants, was told by Attorney-at-law Ronald Burch-Smith that his clients are out of the jurisdiction.
The lawyer went on to explain that his clients did not see it necessary to attend court since acting Chief Justice Roxane George, granted a stay in all four charges of Misconduct in Public Office.
The Magistrate, after spending about ten minutes perusing the case jackets, told the court that she is not in possession of the files for the stay which was granted.
She added that for the matters before her, the number on the case jackets do not correspond with the stay of order which was granted by the acting Chief Justice.
The Chief Magistrate then told Special Organised Crime Unit (SOCU) Prosecutor Prosecutor, Lawrence Harris to clarify the discrepancy in relation to the case jackets numbers and the stay granted by the High Court.
The application which are being questioned are in relation to case jacket numbers 7767 of 2018 which was recently granted by Chief Justice Roxane George.
On this case jacket, the duo are jointly charged with the common law offence of Misconduct in Public Office.
This is in connection to the selling, to Queens Atlantic Investment Inc., Sanata Textiles Complex which is valued at $1, 042, 403, 500.
The other jackets are in relation to the three previous charges in case jackets 4915/4916 of 2018, 4917/4918 of 2018 and 4919/4920 of 2018. Those proceedings were stayed by way of an interim injunction made by Justice Franklyn Holder on May 21 last.
The most recent charge against Singh and Brassington is in connection with wrongdoings in the Sanata Textiles deal with Queens Atlantic Investment Inc.
They are jointly charged.
It is alleged that Dr. Ashni Singh, being and performing duties of Minister of Finance, and Chairman of the National Industrial and Commercial Investments Limited, a company owned by the Government; and Brassington, being and performing duties as the Chief Executive Officer of NICIL, a company owned by the Government, between October 26, 2010 and December 20, 2010 at Lot 126 Barrack Street, Kingston, Georgetown, by way of Agreement of Sale and Purchase, acted recklessly when they sold to Queens Atlantic Investment Inc, Sanata Texiles Complex, with building and erections thereon, that is to say, Parcel 4702, Part of Plantation Ruimveldt, situated on the East Bank Demerara, being 18.871 acres, at $697,864,800.00 plus VAT, knowing that the said property was valued at the sum of $1,042,403,500.00, and was therefore being sold at a price that was grossly undervalued, thereby creating a breach of their duties.
Last month, when the charge was brought against the defendants, they were absent from court. This resulted in the matter being adjourned.
Both men are currently facing three charges of Misconduct in Public Office before the Chief Magistrate.
In the meantime, Singh and Brassington are currently out on $6M bail each in relation to those three charges