Source: Kaieteur News

On March 15, 2019, Justice Franklin Holder issued a judgment against Hong Kong Golden Telecom Limited (HKGT) to pay up US$10.7 with interest at the rate of 12% until paid, as a result of HKGT’s failure to pay moneys that were owed for the purchase of the State’s 20 percent shares in the Guyana Telephone and Telegraph (GTT).

The National Industrial and Commercial Investments Limited (NICIL) was able to achieve this success following stellar representation by Devindra Kissoon of London House Chambers.

The particulars of the case state that in 2012, NICIL sold its 4,125 shares in GTT to HKGT for the sum of US$30M but only US$25M was paid. Despite efforts to recover the amount owed, HKGT, refused to pay NICIL, instead employing strong arm negotiation and delay tactics to stonewall NICIL, offering NICIL arms and computers in lieu of payment.

HKGT for seven years hid behind the veil of secrecy, largely relying on the fact that it was located in China, and that should NICIL get judgment against them NICIL, would be unable to enforce that judgment since it had no identifiable assets and in any event, an arbitration award issued in England would be difficult to enforce in China.

In explaining why at that time Court action had not been pursued, NICIL’s former CEO, Horace James, had disclosed to Kaieteur News that NICIL initially consulted with UK counsel who at that time advised that despite significant expenditure to pursue arbitration, there was no guarantee of recovery hence it sought to enter negotiations with HKGT.
After negotiations failed, NICIL received local advice that since the GTT’s shares purchased by HKGT were issued by a Guyanese company, those shares, an identifiable asset of HKGT, pursuant to principles of private international law, were located in Guyana, making recovery of the sums owed possible without proceedings in England or China.
Court filings reveal that NICIL thereafter obtained judgment against HKGT, and restrained it from transferring the GTT’s shares to any other person to prevent it from escaping judgment. NICIL also began enforcement proceedings against HKGT to issue a lien against GTT shares purchased by HKGT, and Justice Holder on July 15, 2019, issued an order in favour of NICIL charging the 4125 GTT shares sold. NICIL also obtained a stop notice issued to GTT, restraining GT&T from paying any dividends to HKGT.

Furthermore, court filings show that on January 2, 2020, NICIL became aware that GTT intended to issue a dividend to HKGT in the amount of US$3,200,000, and on January 13, 2020 Justice Holder issued an order in favour of NICIL garnishing those dividends.
Thereafter, GTT issued a check to NICIL for US$3.2 M. It appears that NICIL will recover the remaining sums owed from the charged shares and future dividends to be paid. Now that the US$3.2M was received, NICIL has more than US$7M outstanding to draw down.
Based on Justice Holder’s judgment, NICIL will recover more than double the amount initially owed to it. It is also gaining interest of 12% until the remaining of judgment is fully paid.

The three-day visit to Guyana by President of Cricket West Indies (CWI) Ricky Skerritt and Chief Executive Officer Jonny Gravewhich commenced on Thursday and entailed meetings with various Stakeholders in Guyana’s cricket, Minister of Sports Dr George Norton and Guyana’s Prime Minister Moses Nagamootoo.

In their congratulatory message after the CWI’s elections the group said that they looked forward to an urgent resolution to the crisis in the administration of Guyana’s Cricket which has been ongoing since 2011. This includes the illegality of the current executives of the Guyana Cricket Board as stated in a sworn affidavit emanating from the Ministry of the Presidency.

On Thursday Evening at the Pegasus Hotel, the CWI officials met with the ‘Guyana Cricket Stakeholders’ group which comprise of representatives from the cricket fraternity of Berbice, East Coast, Linden and Georgetown and many are optimistic that this meeting was the first step to fixing this problem.

President of the Georgetown Cricket Association former West Indies player and Coach Roger Harper, speaking onbehalf of the Guyana Cricket Stakeholders’ group, noted that no decisions or commitments were made at Thursday Evening’s meeting which was more of a ‘fact finding’ visit. Harper informed that the legality of the GBC’s Executive Body was one of main issues discussed.

“We discussed some of the main issues affecting cricket in Guyana but no decisions were made, this is the first time a CWI President has come to Guyana and listened to what we had to say. So I am fairly satisfied that this is start to fixing the problems we have,” said Harper.

CWI, under the Presidency of Jamaican Dave Cameron had turned a blind eye on the GCB’s indiscretions and the GCB was one of the Regional Boards that supported Cameron at the CWI’s last elections.
Repairing stakeholder relationships was one of the key points of the “Cricket First Plan” put forward by Skerritt and vice president Dr. Kishore Shallow in their bid last March to be elected to their posts – and this visit to Guyana is part of a series of trips that the CWI president has undertaken in keeping with this plan.

Skerritt, who defeated Cameron in the last CWI elections in Jamaica, said these fact-finding visits to CWI member territories and problem-solving efforts at the local level are now a key priority for the organization.

Cricket West Indies has also retained high profile commercial lawyer Devindra Kissoon of London House Chambers who represented cricket legends Chris Gayle and Ramnaresh Sarwan in the past, and lead negotiations among the ICC, WICB and WIPA on matters concerning player’s rights in 2012.

Sources stated that priority of the discussions focused on the hosting of the India Games in Guyana, the development of the youth cricket, and the impact of the recent court rulings on cricket in Guyana.

CWI also expressed concern about the process of appointing the ombudsman and questioned whether consultations were had with the West Indies cricket board or former President Cameron personally.

In March, Dr. George Norton announced the appointment of Stephen Lewis as Cricket Ombudsman although he works in Chambers of GCB’s Attorney Roysdale Forde, and was injuncted from acting in the same position by the Court and who works in same office of the GCB Attorney.

When asked for comment the Cricket West Indies lawyer declined, except to say the meetings were a success and statements would be forthcoming from the Board shortly.

High Court Judge, Justice Fidela Corbin on April 3, 2019 ruled that the executive committee of the Guyana Cricket Board (GCB) is illegal and could not hold themselves out to be office bearers or perform functions of the Board.

Anand Sanasie, acting in his capacity as CEO of Cricket Guyana Inc, was a member of the presentation party for the U-19 inter-county 50-over tournament.

But while the Guyana Cricket Stakeholders claim that the CGI has also been deemed illegal, Kaieteur Sports has seen no evidence to support this claim.

“This initial short visit will focus on discussions related to the hosting of India matches during the upcoming home series in August, but it will also hopefully give me a more detailed introduction to the legal and administrative issues that are currently prevailing in Guyana,” he said.
The 2019 Regional 50-over U-19 tournament is also scheduled for Guyana, but sources indicated that if the issues surrounding the GCB are not solved then the tournament could be shifted to St Vincent or Grenada.

The CWI pair and their Lawyer were expected to meet with Sanasie and his former GCB executives some last evening.

In July 24 last year, approximately 39 persons from a group calling themselves ‘Guyana Cricket Stakeholders’ staged a peaceful protest against the Government of Guyana outside the Office of Attorney General Basil Williams to highlight Government’s apparent reluctance to address the issue of the Guyana Cricket Administration Act and the alleged illegality of the GCB.

Spokesman for the group, former WICB Director Claude Raphael informed that the two-hour Picket was aimed at bringing to public’s attention the David Granger’s Government’s perceived lack of will in dealing with the Guyana Cricket Board (GCB) issue which he feels is affecting the development of Guyana’s cricket. He called for Government’s intervention to bring some normalcy to the manner in which cricket is administered in Guyana. The group wanted free and fair elections to be held by the GCB.

After a challenge to the Guyana Cricket Administration Act 2014 by the GCB, the then Chief Justice (Ag) Ian Chang, upheld an injunction and issued an order that prevented any elections of the GCB and its membership until the substantive matter is heard.

In 2014, then Sports Minister Dr Frank Anthony had, as was mandated by the ‘Cricket Administration Act’, appointed Pastor Winton McGowan, a respected cricket historian, to the position of ‘Cricket Ombudsman’ with his duties being to verify the members that were eligible to vote and oversee the GCB elections.

In the GCB Challenge to the ‘Cricket Administration Act’, Minister Frank Anthony and Attorney General Anil Nandalall were named as defends but now that the Government has changed, former Sports Minister Nicolette Henry and Attorney General Basil Williams, who worked on the ‘Cricket Bill’ when he was in the opposition party, have now become the defendants in the case.

The Guyana Cricket Stakeholders staged their protest to address the issue of the injunction preventing Elections of the GCB, the Guyana Cricket Administration Act and the alleged illegality of the GCB.
The two delegations and the Media were told by Williams that the way was now clear for Elections of the GCB and its Affiliate members since the Challenge to the Guyana Cricket Act from the GCB, which was upheld by the then Chief Justice Ian Chang on April 29, 2015 resulting in an injunction stopping the Elections had been quashed.

The then Sports Minister Dr Frank Anthony and AG Anil Nandlall were named as defendants but before the matter was completed a new Government was voted into power.

“We inherited this injunction from the previous Administration but legally if nothing happens after a year the injunction is abandoned and incapable of revival,” said AG Williams.

That effectively meant that elections of all boards could now be held but the GCB appealed the decision.

Chief Justice (ag), Roxane George-Wiltshire on Friday ended a bitter decade-long battle between Guyana’s two leading commercial entities… Guyana Realty Investments Limited (GRIL), which is linked to Gafoors Group of Companies, and National Hardware… for the ownership of a prime commercial property located at 117 B Regent and Alexander Streets, Georgetown.

The case ended with the court ruling in favour of National Hardware’s favour and dismissing GRILs petition for prescriptive title.

The parties were represented by some of Guyana’s legal heavyweights- National Hardware by Devindra Kissoon of London House Chambers and Rajendra Poonai S.C., while GRIL represented by Rex McKay S.C., Edward Luckhoo S.C. and Neil Boston S.C.

In what is one of the most followed property disputes in recent memory, Claude and Donna Deygoo, also known as Eddie and Donna Boyer, the proprietors of National Hardware, claimed that they had transported title to, and have been the legal owners of the property since September 2008.

However, GRIL claimed prescriptive title, having allegedly purchased the property from a third party (Bissoon) in 1993 to use the premises to operate a paint shop.
The property was originally owned by Stanley Collymore who died in 1989, and then controlled by his son Anthony Collymore

In her ruling, the Chief Justice noted that under cross-examination, one of GRIL’s main witnesses, Mohamed Ali, admitted that he “lacked personal knowledge of the property for the period 1989 to 1996. At the conclusion of his evidence, it was clear that for the most part, this witness was not personally aware of the facts included in the petition, which he deposed were true and correct. By relying on company documents and what he had been told, his was a reliance on hearsay.”

The Chief Justice in reviewing the testimony of Sattaur Gafoor, head of GRIL, noted that under cross-examination, he admitted that the plan of the property attached in support of the petition did not refer to GRIL but rather another entity, National Investments Limited. When asked by attorney-at-law Kissoon about other occupants of the property, including evidence that the back buildings were occupied by unsavory characters and was a drug yard, the Chief Justice ruled, “I do not accept the explanation given in re-examination [by Gafoor] that the reason why letters [of removal] were not sent to the persons of the back buildings was because he had given them permission to be there.”

Gafoor, according to the court, was unable to answer in cross-examination, why letters of removal were not sent to occupants of the property and why GRIL did not seek to repair or demolish the buildings or erect new buildings on the Property if it truly owned the Property.

Chief Justice George noted, “Apart from the fact that this is also hearsay, this evidence to my mind re-emphasises that GRIL was not in control of the other buildings and as a result was not in exclusive control of the entire property.

“He also said that though it was not stated in the petition, GRIL was in possession via Gafsons which used the property for trading. However, from the rest of the evidence, it was the front building to Regent Street that was being so used.”

In dismissing GRILs petition and ordering costs in favour of National Hardware, the Chief Justice found that the “evidence for GRIL does not establish actual possession and an intention to possess the whole property for the requisite period.”

A major shakeup is continuing at the country’s biggest gold mining operations.

According to the Guyana Goldfields Inc. yesterday, it has reduced the expatriate workforce by some 30 percent with long-serving Country Manager, Violet Smith, being replaced.

The moves would come as the company gets ready for a special meeting on May 22, next. A number of shareholders have been demanding the current board be replaced after the Canadian company lost C’dn$1B in value during the past year.

Those shareholders, including former chief and founder, Patrick Sheridan, are claiming that the company is being mismanaged and that new blood is needed.

According to the company yesterday, as part of the ongoing restructuring program launched on July 30, 2018 to its local operations, it has promoted 60 Guyanese nationals into senior roles.

One of the jobs went to Jermaine Critchlow, who is the Sustainability Manager for Guyana; a role previously held by an expatriate. Former media worker, Miranda LaRose, has been appointed as Corporate Social Responsibility/Sustainability Coordinator for Guyana. “In addition to realizing operational efficiencies, the Company expects these changes and the new local leadership will further strengthen its presence in Guyana and its good relationship with the government.”

The company explained that as part of the restructuring, it has reduced its expatriate workforce by 14, representing approximately 30% of the total expatriate staff.

Total employment post-restructuring consists of 729 Guyanese nationals (representing approximately 96.4% of the overall workforce) and 27 expatriates. The company said yesterday that it is one of the largest employers in Guyana.

“These transformational changes, which are consistent with our Aurora Gold Mine strategic plan established last summer, will strengthen our presence in Guyana and further enhance our operations,” said Scott Caldwell, President and Chief Executive Officer.
“These restructuring efforts complement recent initiatives undertaken to strengthen all of Guyana’s Goldfields and Aurora Gold Mine’s activities in Georgetown will be managed out of a single office in the country, which will increase synergies and efficiencies while reducing costs.

The second office located at North Road will be closed effective immediately. As part of the restructuring, Country Manager Violet Smith is leaving the Company, as her position has become redundant. The company, however, says that it will likely retain Smith in a consultative position.The company had announced on January 3, 2019, that Perry Holloway has been appointed Senior Vice President, Strategy & Corporate Affairs.

Holloway, who recently retired as US Ambassador to Guyana, has assumed responsibility for all activities involving Government relations in Guyana, as well as corporate social responsibility. He will also provide assistance on key in-country management issues as needed.

Exploration Refocused

During the second half of 2018, management made a strategic decision to refocus exploration efforts on the high quality near-mine brownfield targets that will potentially provide the greatest opportunities for near term growth.

This resulted in the net reduction in the total exploration team of 45 employees (of which seven were expatriate geologists), as the Company temporarily closed distant field camps at Iroma, Wynamu and Arangoy, which have been placed on care and maintenance.
The company said it intends to resume its greenfields exploration in the first half of 2019.

“As part of the restructuring efforts to focus on brownfields exploration, the 7 expatriate geologists were replaced with 2 new expatriate hires. The remaining 32 members of the exploration team are Guyanese nationals (94%) in keeping with the Company’s commitment to source skilled local employment. The team consists of 7 geologists, one data technician, 12 core technicians, and 14 drill contractors. For the 2019 campaign, the Company expects to hire an additional three geologists, six technicians and two data clerks.”

Goldfields also said that it has appointed a Guyanese national, Boaz Wade, as Exploration Leader effective January 1, 2019. They have reportedly also retained leading commercial firm, London House Chambers headed by Devindra Kissoon as their counsel.
“Under Mr. Wade’s direction, the company has already made considerable advances in the appreciation of the geology and gold mineralization at the Aurora Gold Mine.”

The Aurora mines contributed over 150,000 ounces last year in production, remaining the largest single private producer.