Atlantic Hotel Inc: Lies and deception from Brassington.

– total audit of project needed

The known…
Even as the construction of the Marriott Hotel nears completion and the opening soon but uncertain, the role of Winston Brassington, Chairman and CEO of Atlantic Hotel Inc., continues to raise serious questions about his honesty and integrity and those he retains to speak for him. Indeed as recent as Sunday January 18, I have had cause to expose the lack of integrity on his part and that of his spokesperson Mr. Kit Nascimento when they created a fictional column for me.

It is public knowledge that the hotel’s construction has been financed mainly from the proceeds of the sale of Government shares in the Guyana Telephone & Telegraph Company Ltd. and from other public resources diverted to or vested in the company through means that many consider completely illegal. It is also public knowledge that the National Assembly passed a motion on December 17, 2012 that, among other things, neither NICIL nor Atlantic Hotel Inc. incur further expenditure on the Hotel Project without the authorisation and approval of the National Assembly. Needless to say, the directors and officers of NICIL and AHI have ignored that motion.

It is known that the Hotel has been granted concessions rare to any entity in Guyana – even Queens Atlantic, Jagdeo’s people. Those concessions, in addition to land at below market price, are no more than crude government subsidies. It is also known that the contractor has been allowed, illegally, exemptions from the laws of Guyana which even the diplomatic community does not enjoy. Central to and facilitating every well-known violation associated with the company is Winston Brassington. See Soul for Sale series of articles on chrisram.net beginning February 17, 2013.
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Challenging the Jagdeo myth

Introduction
Mr. Carl Greenidge, Finance Minister in the PNC Administration has been one of the chief targets of the PPP/C since 2011 for what they claim to be his mismanagement of the economy prior to 1992. This claim is at best one-sided and at worst totally dishonest, completely ignoring the performance of the economy when Greenidge demitted office in 1992. Perhaps as the calypsonian Chalkdust sang: “they ‘fraid Carl”.

A question for the PPP/C is if the Economic Recovery Programme (ERP) which they in opposition had dubbed Empty Rice Pot was so bad, why did they not replace it? The truth is that the ERP negotiated by Greenidge with the IMF and other international lenders and donors placed Guyana on a trend where its economic growth rate was well above anything the country has ever witnessed, before or after. Asgar Ally, riding on the wave of debt write offs initiated by Greenidge, kept the economy roaring until he was undermined by then Junior Finance Minister Bharrat Jagdeo.
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The Consolidated Fund is not a medical insurance pool for ministers and their families

The first hint that the government was financing cosmetic treatment for those close to the party arose out of Attorney General Anil Nandlall’s astonishing conversation with the Kaieteur News reporter a couple of months ago. What we did not know until we learnt of Pauline Sukhai’s designer mouth job was that the scheme might even extend to visits to the manicurist.

The health of every citizen is, of course, important and there should be no trivializing. Ironically, the health minister’s reimbursement of a medication bill for $1,000 does exactly that, which is regrettable since every employer has a duty to provide a minimum standard of health coverage for its employees. I believe too that a government has a duty to provide medical service to its people.

What I certainly do not subscribe to is the suggestion that the Consolidated Fund is some contrived pool of insurance for ministers, their families, their friends, members of the judiciary and ranking members of the Audit Office. Sadly, that is exactly how it now appears following the leak of information on the secret scheme operated by the Cabinet.

The publication of the information is a triumph of the people versus the state. That bit of enterprise is worth more that the entire budget of the Office of the Commissioner of Information. Predictably, the PPP/C assumed the role of victim when the information was revealed by our more enterprising media. Happily, what the PPP/C did of course was to confirm the veracity of the information and plead then patient confidentiality to justify their rape of the public purse.

I believe the reporting of the information by the press reflected responsible and commendable journalism. I saw nothing to support the claim of breach of patient confidentiality but rather I saw a significant step in support of whistleblowing legislation. Later this week too, the press provided us with information on a scheme by the Cabinet to transfer money properly payable into the Consolidated Fund to a project under the control of the Housing Ministry. The press played a big hand in causing the government to rethink its position and at week’s end it seemed to be totally confused. Two strikes for the press.

It was perhaps coincidental but it was July last year that I had cause to write a letter to the press in which I questioned the role of Cabinet in adjudicating over the health issues of citizens. My letter was prompted by the death of a family member, 57-year old Basdeo Gobin, who died while his application for assistance languished among Cabinet’s papers. The letter was carried in the Stabroek News of July 21, 2014 under the caption ‘Why does Cabinet have to deliberate on cases of persons needing urgent medical help?’

The same Cabinet that failed to respond to a request for a contribution to the cost of a heart operation which might have saved the life of a poor man, could pay for all sorts of vanity expenditure for ministers and senior party members. This is socialism that even George Orwell could not predict: where all people are equal, some are more equal than others, and a handful are more equal than all combined.

On the list of beneficiaries are the Prime Minister and his wife, ministers, former ministers, presidential advisers, senior government auditor and the wife of a minister, a sitting judge of the Court of Appeal and the country’s attorney general. Despite all the questions asked, no one has put in the public domain the rules and the procedures for the government medical assistance scheme and indeed the relationship between that scheme and the medical scheme offered by the National Insurance Scheme.

I am aware of the convention that judges do not engage in public exchanges and I do respect that. But I believe that when a sitting judge seeks out discretionary benefits from the executive, whether in the form of medical assistance or other facilities, they run the serious and real risk of compromising not just themselves but the entire judiciary.

My question to Justice B S Roy is whether he considered the implications of accepting discretionary benefits from the Cabinet of Guyana. I would ask the same question of Mrs Gitanjali Singh, the Deputy Auditor General in the Audit Office, who the public believe is already compromised by remaining with the Audit Office while her husband is the Minister of Finance.

Additional questions I would have for Mrs Singh are whether a) she is aware of any documentation to regulate the operation of the scheme; b) the specific source of the funds; c) the specific bank account from which the payment is made; d) confirmation that it is not one of the many slush funds operated out of the Office of the President; and e) whether she can give the public a single instance of the annual report of the Audit Office commenting on this scheme.

I would also ask the following questions of both Justice Roy and Mrs Singh:

– Would they have accepted the benefits if they knew that the information would become public?
– Was the right of access to the scheme part of their compensation package?
– Should such payments not be covered by personal insurance?
– Did they decide not to have medical insurance?
– Do they consider it fair to expect taxpayers to meet their medical bills because they choose not to have medical insurance?
– What was the procedure they employed in accessing the benefits?
– Was the amount paid the full amount spent by them?
– Was it a requirement that they meet part of the costs of their medical expenses?
– Do they believe that the scheme should be revamped?
– Do they believe that every person should have the same rights and privileges under the scheme?

Finally, a question to Mr Nandlall. He had said in the press that he had paid back the $4 million he received from the scheme. Would he confirm that he has in fact done so and explain why he would return money to which he was entitled?

The AG’s interpretation of the court’s decision was extremely self-serving

Attorney General Anil Nandlall has regaled the media with a verbose statement on the decision by acting Chief Justice Ian Chang in the case brought by opposition leader David Granger challenging the legality of the spending of $4.6 billion and programmes expressly disapproved by the National Assembly during the 2014 budget debate. Mr Granger sought several declarations that the expenditure was illegal, one order, and a conservatory order staying (stopping) all spending by the government on programmes disapproved or not authorized by the National Assembly until the matter was heard and determined by the court.

According to Mr Nandlall the only matter before the court was the application for a conservatory order and that the hearing and determination of the substantive action was for consideration later. On that basis, Mr Nandlall now argues that the interim conservatory order sought by Mr Granger was the only issue on which the court could properly pronounce.

That is an extremely self-serving and dishonest interpretation of the court’s decision. AG Nandlall did indeed successfully argue against a conservatory order which the court had no option but to accept. The action by Mr Granger’s lawyers was brought in December 2014 to halt certain expenditure for the year. Mr Nandlall is now gloating over that refusal.

Sadly, Mr Nandlall either did not understand the decision or is unfamiliar with the principle of law involved in the case.

There is no dispute of facts in this case, a point made by the court on more than one occasion in its written decision. Indeed it was the Minister of Finance who himself admitted to the spending when he brought to the National Assembly for approval the statement of excess for the $4.6 billion spent on programmes expressly disapproved earlier by the National Assembly.

Applying the constitutional provision to the undisputed facts the court found that “it is clear that the prohibition contained in article 217 (1) (b) of the Constitution was infringed.” That prohibition is against any withdrawal from the Consolidated Fund except as authorised by an Appropriation Bill passed by the National Assembly and assented to by the President.

The principle that guided the court in arriving at its decision on both the interim question relating to the Conservatory Order and on the substantive issue of the spending is well established and reported and that is, when a matter of pure law is raised the court should deal with the matter finally and definitively.

Ostensibly Mr Nandlall wants the substantive matter to go through another round of meaningless arguments completely unmindful of the consequential and “complete waste of judicial time” hearing the “same arguments in law rehearsed all over again.”

Confronted with a finding by the Constitutional/Administrative Division of the High Court that he provided bad advice to the government resulting in the unconstitutional, and unlawful and unauthorised expenditure of $4.6 billion up to June 16, 2014, it would have been wise for Mr Nandlall to take heed of the aphorism that the first thing you should do when you are in a hole is to stop digging.

I believe that Mr Nandlall dreads having to confront the disclosure – which will come sooner rather than later – of the full extent of the unconstitutional and unauthorised expenditure between June 17 and December 31, 2014 which is likely to be considerably more than the $4.6 billion spent up to June 16.

His statement may also be an attempt to buy time for the government to spend billions of dollars during the period January to April 2015 using as the base the 2014 expenditure enlarged by unlawful expenditure.

Defying what is described as trite law, Mr Nandlall in this case argued that the doctrine of estoppel operates against the constitution and the law! Clearly not wishing to embarrass the office of Attorney General, the court graciously ignored the point.

Had such a mindless utterance derived from a junior attorney, he would have been laughed out of the court. That it should come from the country’s Attorney General is a measure of Guyana’s human resource tragedy.

As Attorney General, Mr Nandlall must be aware of the mechanisms available to him as the attorney for one of the parties. He should be availing himself of those rather than parading on the political stage.

Justice Chang’s decision on disapprovals

Introduction
Chief Justice acting Mr. Ian Chang last Friday gave his decision on the case brought by Mr. David Granger, Leader of the Opposition in the matter concerning the spending of money on programmes contained in the 2014 Budget expressly disapproved by the National Assembly. Two men not unknown to take their professional image very seriously, Attorney General Mr. Anil Nandlall and the shadow Attorney General have been on television both claiming victory! Yet, notwithstanding the highly technical discussion on questions about declaratory orders as opposed to conservatory orders, some things are very clear:

1. That the Minister of Finance acted in violation of the Constitution and the Fiscal Management and Accountability in spending the sum of $4,553 million for purposes specifically disapproved by the National Assembly. Note that this spending was up to June 16, 2014

2. That the Court has no jurisdiction to restrict any authority granted on the executive by the Constitution or an Act of Parliament since “to do so would be to violate the doctrine of the separation of powers which indubitably inheres in the Constitution of Guyana.”

3. That the Minister cannot use one article of the Constitution to engage in spending that is disapproved under any other article.

4. That support of expenditure in 2012 and 2013 in similar circumstances did not mean that no court challenge could be brought in respect of 2014.

5. That the breach of constitutional authority regarding expenditure in 2014 is not a proper basis to fear that the government would exceed the limits of their authority in respect of any other period.

6. That the Court is more concerned about form rather than substance. There can be no other explanation for the decision by the court to deny on procedural grounds an application in respect of expenditure on disapproved programmes for 2014 that the court considers to be in violation of article 219 (3) of the Constitution and the Fiscal Management and Accountability Act 2003.

7. That having found that the Minister of Finance violated the Constitution and the law the court passed the buck regarding any cure or sanction by ruling that those are matters for the internal affairs of the National Assembly!
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