May 15, 2019 issue

Guyana Focus

Ominous clouds overshadow Independence Day

Ominous clouds hang over Guyana as the country prepares to celebrate its 53rd independence anniversary on May 26th. The silver lining of potential economic prosperity, fueled by massive impending wealth from oil, is clouded by political uncertainty, pervasive corruption and high levels of crime – sucking the enthusiasm out of the population.
The truth is, for most Guyanese, independence has simply meant a government with a different face – 26 years of demagogic rule under the

former PNC government; 23 years under a supposedly corrupt PPP government; and the past four years under an APNU+AFC coalition government, which has proven to be no different from its predecessors. For most Guyanese, if Independence Day were not a national holiday, they would not even think about independence as they struggle to survive each day. Incidentally, the gospel song, “One Day at a Time,” played on the radio every morning at 8.15 a.m., truly epitomizes the reality of their existence.
Incidentally, over the past 53 years, the livelihood of Guyanese has been increasingly affected by the machinations of politicians in their quest for power. In spite of living in an independent country, they seem to have less freedom each day. Politicians promise a “good life” but only relatively few enjoy such privilege.
The country faces a myriad of problems, with no hope in sight that conditions will get much better in the near future. GDP growth has been relatively stagnant, and from all indications, will not improve until oil revenues begin to flow next year. But it will be at least five years before oil revenues begin to have a material impact on the economy.
Output has declined in all key productive sectors, resulting in a fall in foreign earnings from exports, and consequently a shortage of foreign currency to facilitate domestic business activities. For instance, the current premium for buying US$ at a local bank is at least 5% higher than the posted central bank rate, that is, if US dollars are available.
In the meantime, the government has been borrowing to fund its shortfalls, increasing the country’s debt burden and raising questions about its ability to repay the debt in an environment of lower revenues – although the government has been hedging its bets on the future windfall from oil.
Less than favorable economic growth has led to an increase in unemployment, compounded by the loss of jobs resulting from downsizing the sugar industry and the decline in manufacturing and overall business activity. Government's promises of creating jobs – particularly for youths – have been barren.
At the same time, political uncertainty stemming from last December’s no confidence vote against the government has resulted in a slowdown in business and investment activities. The decision from the Caribbean Court of Justice on the validity of the no-confidence vote is expected any day now, and has the potential to create social and political chaos.
As well, crime rates remain high, driving fear into the population. The police have been helpless in stemming the wave of crime that is sweeping across the nation. While the drug trade appears to have abated, corruption seems to have increased, causing the population to lose trust in the government which promised to put an end to the scourge.
Evidently, corruption has become pervasive at all levels of society, a trend that has persisted since independence. High levels of bureaucracy and the lack of transparency in decision-making add to the perception of corruption, leaving the average Guyanese at the mercy of those who wield power.
Now, the fight against corruption in Guyana has turned into a bitter political saga, with the accuser becoming the accused – only that the accused, in almost all incidents, appears to be wearing Teflon suits that prevent allegations from sticking.
But what is worse is that those responsible for untangling the web of corruption have been accused of being corrupt, highlighting the pervasiveness of the scourge.
Outside of the mining and oil sectors, foreign direct investments have dried up, largely due to a lack of confidence in the government, adding to the foreign exchange shortage woes of the country.
Overt attempts by the government to stem the underground economy and illegal inflows of foreign funds are commendable but they have not been as effective as expected.
In fact, the underground economy and its associated ills appear to be flourishing. In the US State Department’s 2017 International Narcotics Control Strategy Report, it was noted that in Guyana “there is a culture of using informal networks to move money between Guyana and the diaspora.”
It further states that unregulated currency exchange houses (cambios) also pose a risk, as they are used both for the exchange of currency and to transfer funds to and from the diaspora.
Evidently, the government faces a tall order in trying to break down an entrenched structure which it inherited. But it is obviously doing a bad job while building its own contemptuous structure.
While the government’s performance and its ability to run the country are widely criticized, it continues to propagandize its achievements since assuming power four years ago. The bottom line though, is that its achievements have had minimal impact on the economy.
The truth is, for the poor which make up more than one-half of the population, independence has meant more suffering, more hardship, and sub-par living standards. Veiled attempts to uplift the poor, have been more about politics than about people.
In the first quarter century of independence mismanagement and misallocation of resources ruined the economy. Racial tensions led to a massive exodus of qualified Guyanese. Civil liberties were eliminated; human and political rights were systematically eroded; the judicial system was compromised by political influence; press freedom was curtailed; travel restrictions were imposed; rights to assembly were undermined; and workers were harassed and victimized.
The majority of the population faced incessant persecution. Ironically, the current administration continues to face allegations of human rights abuses, victimization, political interference, and abuse of power.
Rigged elections from independence until 1992 also took away the people’s freedom to elect the government of their choice. It is widely anticipated that upcoming elections will be rigged.
Although the return of a democratic government in 1992 provided Guyanese with real hope of independence, it was short-lived. Political tensions with racial undertones returned and have persisted until now.
Plus, available opportunities have been restricted to a small group of the population, making the poor poorer and contributing to a widening rich-poor gap. Positive signs of major infrastructural improvements have not been accompanied by commensurate economic activity for the benefit of the population at large.
In spite of the country’s problems, the 53rd anniversary Independence celebrations will provide an opportunity for the ruling government to showcase a supposedly independent Guyana and for certain segments of the population to “party their worries away” for a short period of time.
But when the party is over they will drunkenly realize that their happiness is only fleeting and that independence does not have much meaning unless the government can get its house in order.

 
Sergeant charged with sexually touching woman while on duty
Georgetown – A police sergeant was on Monday brought before a city court, where he was accused of sexually touching a woman’s leg while they were on their way to arrest someone she had filed a police complaint against.
Noris Henry, 48, stationed at the Alberttown Police Station, was read the charge during a private hearing before Chief Magistrate Ann McLennan.
The charge alleges that Henry, on October 17, 2018, at Fourth Street, Alberttown, rubbed the woman’s leg without her consent.
Facts surrounding the matter indicate that on the day in question, the complainant went to the Alberttown Police Station to file a police report. Shortly after, the woman was taken by the accused into a police vehicle to make an arrest. It was allegedly during that time that Henry felt her leg.
Henry was granted $120,000 bail and is set to return to court before Magistrate Sherdel Isaacs-Marcus on May 21.
 
Pensioner's body found in canal
Georgetown – The body of a West Coast Berbice pensioner was found on Monday at the back of Number 29 Village, West Coast Berbice, floating in a canal.
Dead is Michael Christopher London, 70, of Lot 546 School Street, Number 29 Village, West Coast Berbice.
According to the deceased’s daughter, Janet Koomcharran, she received a message around 8 am Monday that her father’s body was spotted in a canal a short distance away from his home.
She said that she immediately rushed to the scene, where she observed her father’s face down in the canal, with his tongue protruding and his eye heavily swollen.
The family is calling for a thorough investigation to be conducted, as to some extent, they suspect foul play.
The pensioner was last seen boarding a bus to head to his daughter-in-law’s residence on Sunday afternoon.
 
Farmer's murder probe ongoing
Georgetown – Investigations into the murder of Parika backdam farmer and grocer Somdat Ramgobin remains active according to Divisional Commander Edmond Cooper.
Cooper told the media that investigators are still working to crack the case but they have not been able to gather substantial information to charge anyone for the murder. He said that during initial investigations, the teenagers who were present at Ramgobin’s home during his murder, were questioned and released.
Cooper had previously told the media that while the incident appeared to be a robbery, there seems to be much more to it. He, however, did not divulge any additional information.
“We haven’t put our hands on any suspects as yet…we are working on all leads,” he had said.
Forty-six-year-old Ramgobin, called Rakesh, was shot in the chest on April 30th, after being attacked by two bandits at his home sometime around 9:30 pm, while he was cooking.
An autopsy later showed that the man died as a result of shock and haemorrhage due to a gunshot wound.
In a statement, the police had said that the perpetrators, after entering the house, brandished a handgun and demanded cash and jewellery.
Ramgobin, the police said, was reluctant at first but complied with his attackers’ request after being struck in the head with a bottle. It was at this point, the police statement explained, that he handed over the cash and directed the men to his grocery shop located at the front of the yard, where he had additional cash.
Just before their escape, the unarmed bandit took the firearm from his accomplice and shot the victim. They then escaped in a waiting cars parked some distance away from the scene.
 
Robbery accused remanded
Georgetown – A man was on Monday remanded to prison, after being charged with armed robbery, in which it is alleged he took $25,000 cash and other items.
At the Georgetown Magistrates’ Court on Monday, it was alleged that Dexter Forde, on Tuesday, March 19, at Sideline Dam, La Penitence, Georgetown, while armed with a dangerous weapon, robbed Riaz Ghanie of a total of $45,000 in cash and items.
Items taken were an Alcatel phone, a birdcage, a haversack, a pair of slippers, and a blanket, along with $25,000 in cash.
When asked of his occupation, Forde told the court he has been working at the Ministry of Public Infrastructure.
The accused also stated that he is the single father of a six-year-old, and that this is not his first conviction.
He pleaded not guilty but was not granted bail because the weapon allegedly used to commit the crime was a gun.
The matter has been adjourned to May 20.
 
SWAT team despatched to Berbice in wake of increased crimes
Georgetown – Following a spate of robberies, the Guyana Police Force has reportedly deployed officers attached to the Special Weapons and Tactics Unit (SWAT) to Berbice.
The recent robbery committed on Z-One Chinese Supermarket of Lot 16 B Albion Front, Corentyne around 9.15 pm on Saturday, along with several other robberies committed over the past two months throughout the county, have left residents in fear.
The ranks from the unit, who arrived in Berbice Monday, are expected to carry out intelligence work in order to nab the perpetrators behind the attacks. However, a police source in 'B' division said that no arrests had been made in connection with the Chinese supermarket robbery, which left one proprietor, a Chinese national, nursing injuries to her head.
The bandits, who were armed with guns, stole $250,000 in cash and one cellphone. However, before escaping, they opened fire on ranks attached to the Albion Police Station, who arrived at the scene in their patrol vehicle.
Residents in the area, who are still very upset about the incident, criticised the ranks, who they said seemed to have no knowledge on how to approach the situation. The residents also complained that the ranks did not work on information provided to them on the spot from eyewitnesses.
According to the residents, the bandits hid through a cross street next to the supermarket for a while in a resident’s yard, before making an escape. Although the police were immediately informed of this, they failed to act.
Meanwhile, notably, the police in Berbice are yet to charge anyone in relation to a number of robberies.
On May 9, an Alness Village, Corentyne pensioner was left hospitalised, after two armed bandits invaded his home and robbed his family of $5,000, a cellphone and a gold ring.
The bandits assaulted the pensioner and his wife, along with their grandson, while demanding cash.
On May 5, a Skeldon moneychanger was shot when bandits robbed him while he was plying his trade a stone’s throw away from the Springlands Police Station. Mohamed Abdul Razack, 44, of Lot 23 Eliza Avenue, Springlands, who sustained a gunshot injury to his leg, said had he not fought off the bandits, he would have been shot in his face. The bandits escaped with over $550,000 in Suriname and Guyana currency.
On May 2, a Tain, Corentyne family was forced to fight off armed bandits during an attempted robbery. The bandits had reportedly broken into the lower flat of the house, after which the owner, Haimraj Pattiram and his two sons, armed themselves with cutlasses and began to throw objects down the inside staircase. The bandits had attempted to wrench out the door in order to gain access to the upper-flat, where the family was located.
It was after the family had thrown a chair to block the staircase and phoned the police, that the bandits decided to escape.
On May 1, a Cumberland Village, East Canje, Berbice goldsmith woke up to his home being broken into and discovered that they had been robbed of cash, jewellery and electronics. Hamza Khan, also known as “Daniel”, had also said that the Reliance Police Station, which is located two villages away from where he resides, had failed to respond to his call. However, a patrol attached to the New Amsterdam Police Station had responded about one hour after they were phoned. The perpetrators stole over $440,000 in Guyana and United States currency, along with a quantity of electronics and jewellery from Khan’s house.
On 27 April, three bandits armed with guns robbed a Canefield Village, East Canje, Berbice businesswoman of over $200,000 in cash and phone cards. The bandits, during the robbery, assaulted the woman and placed a gun to her grandchild’s head while demanding cash.
On 11 April, Kumarie Bhagwandin, 63, of Second Street, Bloomfield Village, Corentyne, was pushed off of her shed during a robbery by four armed bandits. The bandits, who were armed with guns and cutlasses, escaped with over $60,000 in cash, a pair of gold earrings and three rings.
After all of the robberies mentioned above, persons were reportedly held for questioning but released with no charges filed.
Furthermore, investigators in Berbice are yet to nab any suspects in connection with the murder of Godfrey Branch, 73, the re-migrant pensioner who was found dead with stab wounds about his body in his house at Springlands, Corentyne, on May 3.
Branch was discovered with two stab wounds to his abdomen, one to the region of his heart, one to the right side of his chest, and one to the back of his head. His feet were tied together with trousers. Also, his house was ransacked and an undisclosed sum of cash was missing, along with the DVR with surveillance footage.
In late April, a Cumberland man and woman were charged in relation to a robbery committed on a Canefield Settlement bar. Sylvester Joseph, 29 and Ashley Bonita Drigpaul, 22, are both on remand, after they were jointly charged for robbing the bar owners and several customers on April 13.
Additionally, Christopher Rampersaud, 40, was remanded to prison for a robbery committed on March 16 on a New Amsterdam businessman. It was alleged that Rampersaud, while in the company of others and armed with a gun, robbed Robin Busgith of a Toyota car valued $1 million, $3.7 million in local currency, US $1,500 and a cellphone.
 
Court to hear Finance Minister’s contempt case on Thursday
Georgetown – Justice Priya Sewnarine-Beharry will at 9 am on Thursday commence hearing the application made by Dipcon for Finance Minister Winston Jordan to be jailed for his failure to pay the US$2,228,400 awarded to the company in 2015.
Lawyers for the Trinidad construction company have asked the court to grant an administrative order compelling the minister to pay. Justice Rishi Persaud handed down the judgment in the company’s favour on 21st October, 2015.
Stabroek News reported reaching out to Jordan on Saturday for a comment on the way forward but said he indicated that this information will come from the Attorney General’s chambers. “A comment will be forthcoming from AG Chambers,” was all he would say, the paper reported.
According to the grounds listed in Dipcon’s application to the court, by letter dated 28th December, 2015, the Registrar of the Supreme Court transmitted the order made by Justice Persaud to the minister who “thereupon became obligated…to direct, by warrant under his hand, that the amount awarded thereby to be paid.”
It was stated that the minister, in breach of his statutory obligation, “deliberately and contumaciously refused and failed to comply with his obligation” under the State Liability and Proceedings Act and has subverted the said order of court [to] pay the said judgment or any part thereof to Dipcon, the applicant.
By way of action instituted on 8th December, 2017, Dipcon applied to the Court and on 1st March, 2018, obtained an Order of Mandamus issued by the Chief Justice (CJ) directing the respondent to perform his obligation and direct the payment of the judgment to the applicant. Despite being served with that order, payment was not forthcoming.
According to Dipcon, the minister “has deliberately and contumaciously refused and failed to comply with his obligation and with the said Order, and the judgment of 21st October, 2015…”
It was further stated that upon the failure by the respondent to comply with the Order of Mandamus, the applicant applied to the Court and on 12th November, 2018, was granted an Order by the CJ directed to the respondent to obey the Order of Mandamus on or before 15th January, 2019. The money still was not paid.
The court was asked for the awarded sum together with interest calculated at the rate of 6 per cent per annum from 10th February, 2009 to 21st October, 2015, and thereafter at the rate of 4 per cent per annum until fully paid, along with costs in the sum of $1.2 million.
 
No action so far on SOCU audit
Georgetown – Weeks after a Special Organised Crime Unit (SOCU) audit was completed and the findings and recommendations handed over to Police Commissioner Leslie James, action is yet to be taken. Head of the unit, Assistant Commissioner of Police Sidney James and his secretary, who auditors recommended be transferred immediately are still on the job.
Observers are questioning the inaction of the Commissioner, who ordered the audit back in February and warned that this could further damage the unit’s credibility.
The Guyana Police Force Audit Department during its investigation, uncovered serious irregularities, including the falsification of records. The auditors found invoices from several business places that were duplicated or tampered with, fraudulent double entries, and false entries.
 
CCJ reserves judgement on no confidence appeal
Georgetown – The Caribbean Court of Justice (CCJ) on Friday May 10, 2019 reserved judgement in the appeal brought by Guyana Opposition Leader Bharrat Jagdeo challenging the ruling of the Court of Appeal in his country, that invalidated a motion of no confidence that was passed in the National Assembly in December last year.
The appeal by Jagdeo is among the three matters that have been consolidated by the CCJ, the country’s highest and final court, regarding the vote of no confidence.
The other cases, filed by Charrandass Persaud and attorney Christopher Ram, are to determine whether or not a majority of 34 votes were needed to ensure the downfall of the government and should President David Granger and his government have resigned and allow for fresh regional and general elections within 90 days following the vote of no confidence that was passed in the National Assembly on December 21, 2018.
Before it hands down a decision, the CCJ is inviting more submissions from the Guyana Elections Commission (GECOM) which the CCJ had added as a party to the case. Depending on how it rules, specific orders might be directed by the court to GECOM.
The judges exhibited strong disfavour with the 34-32 formula that the government has advanced to thwart the December 21, 2018 motion of no confidence and the President of the court, Justice Adrian Saunders, rebuffed as inapplicable, a case which State lawyers had cited as a precedent. The particular case, Justice Saunders noted, was in no way in sync with the facts of the challenge before the court.
Attorney Roysdale Forde who represented former Minister of State, Joseph Harmon sought to add his voice to government’s argument that 34 and not 33 votes were required for passage of the no-confidence motion. But a clearly frustrated Justice Saunders asked counsel to move on to other points as the court was no longer dealing with deconstructing the majority issue.
In attempting to canvas the issue of the need for an “absolute” majority for passage of the motion and not just a “simple” majority, Justice Winston Anderson enquired from Forde why he was trying to complicate a simple issue.
Justice Jacob Wit questioned why 33 votes were required to pass legislation, but 34 are needed to send the government home.
Attorney Neil Boston SC representing private citizen Compton Reid, argued that Charrandass Persaud ought to have been disqualified from being a member of the National Assembly by virtue of his holding citizenship of Canada and that therefore his vote on the motion cannot be regarded as being valid.
Boston also argued that Persaud, being a candidate and representative of a party list, could not constitutionally cross the floor and vote with the opposition as his seat belonged to the party which fielded him.
To this, Justice David Hayton enquired from him the relevant law which says that Persaud was under an obligation to vote for the party list from which his name was extracted.
The judge opined that if this was the intention of the framers of the constitution, they would simply have included such a provision.
Observing, from the lawyer’s reasoning, that one always had to vote in favour of their party list, Justice Saunders enquired from Boston whether it was his position that votes would remain fixed. To the seeming surprise of the court, the lawyer answered in the affirmative.
Persaud’s lawyer Sanjeev Datadin, asked what the preoccupation was with his client, when there were other dual citizen members on both sides of the House, occupying parliamentary seats.
 

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