High Court Judge Franklin Holder has granted a stay of criminal proceedings against former Housing Minister Irfaan Ali.

Ali had moved to the High Court to quash several fraud charges he is facing for the controversial Pradoville Two scheme. As Housing Minister, Ali allegedly played a key role in selling plots of lands at Sparendaam, East Coast Demerara, to his colleague ministers and other top officials, shortly before Bharrat Jagdeo ended his second term.
Jagdeo himself benefitted from lands, on which he built a large mansion.

Last November, Ali was arrested and slapped with 19 charges by the police’s Special Organised Crime Unit (SOCU).Ali was supposed to appear in the Magistrate’s Court again as those matters continue.

The former Minister had however moved to the High Court for an order quashing the decision of the DPP to charge him with the offence of ‘conspiracy to defraud contrary to common law’, on the basis that it was irrational, biased, and influenced by improper considerations and motives. He also asked the Court for an order quashing the information of oath, of Munilall Persaud, Corporal of Police of the Special Organised Crime Unit, on the 19 charges.

In an attempt to bar the application, State Counsel Leslyn Noble had argued that Ali‘s request in the High Court was premature given that matter was not completed in the Magistrate’s Court.

However yesterday, Justice Holder granted “an interim order restraining the Chief Magistrate or any other Magistrate within the Georgetown Magisterial District from hearing or attempting to hear or determine or taking any further steps in respect of the matter, until the case is completed in the High Court.

Ali’s legal team which comprised Attorneys Neil Boston, S.C., Anil Nandlall, and Devindra Kissoon, had pointed out the basis for which their client is facing allegations of offence of Conspiracy to Defraud Contrary to Common Law is “for selling lands in Pradoville without first obtaining a valuation below their true market value”.

In their submissions, Ali’s lawyers argued that in order for a charge of conspiracy to defraud to be successful, there must be underlying unlawful conduct, and that there was nothing unlawful about selling a property without first obtaining a valuation.
Kissoon in his submissions argued that Ali’s alleged “reckless” conduct could in no way amount to a criminal offence, and that “[T]he conspiracy must incorporate some unlawfulness, either in its object or in its means. An agreement to achieve a lawful object by lawful means cannot amount to a conspiracy to defraud; however dishonourable or unscrupulous the object or means might be.”

Added to that, in response to Ali’s application, DPP Shalimar Ali-Hack made an application to be dismissed from the case stating that, “there was no decision by the DPP to charge the Applicant” and that the “DPP did not advise of any charges.”

The DPP stated that “a file in respect of the disputed area was minuted to the DPP’s Office from the Office of the Crime Chief seeking legal advice after legal advice was obtained by the police from the Police Legal Advisor and it was returned without any advice”, since she (DPP) was “a co-owner to a lot in the disputed area.”

Anil Nandlall argued that the DPP’s refusal to charge was an implicit admission that there was no basis to charge, and Senior Counsel Neil Boston indicated the team’s intention to amend the application to challenge the DDP’s refusal to withdraw the charge, despite her admission that she did not advise to charge – the DPP’s admission of her refusal to charge demonstrating the frivolity of the charges.

Justice Holder, agreed there was serious “issue to be tried” and that the issuance of a stay in the interest of the security of justice, and given the fact that the Prosecution took almost 10 years to bring the charges, and that the Court will hear the matter expeditiously, there could be no prejudice to the prosecution.

As such, the Fixed Date Application will be heard on February 5, 2019.

Source: Kaieteur News

As Guyana gears towards a year-end conclusion of the telecoms monopoly held by the Guyana Telephone and Telegraph Company (GTT), there is a major battle brewing in the High Court.

The two telephone companies, Digicel Guyana and the Guyana Telephone and Telegraph Company Limited (GTT), are challenging each other. On one hand, U Mobile (Cellular) Inc., which has a licence now being operated by Digicel Guyana Limited, is asking the court to rule that the telecoms licence granted in the ‘90s to GTT is illegal as it breached several rights.

GTT, on the other hand, says that Digicel illegally attempted to stop routing its international calls through GTT’s network.

The matter challenging the licence had been dragging on since 2009.
Yesterday, it appears that the matters may finally see light at the end of the tunnel.
In the case management conference, Justice Singh ordered the constitutional case filed by Digicel against GT&T – seeking to declare GT&T’s exclusive telecommunications licence invalid, as well as two cases filed by GT&T against Digicel for damages – be consolidated.
Justice Singh ordered a briefing schedule and set the matter down for a case management conference on December 3, 2018.

The constitutional motion was previously heard by Justice Ian Chang, who retired without giving a decision in that matter.

Digicel is represented by three of Guyana’s most prominent commercial lawyers, Edward Luckhoo, S.C. of Luckhoo and Luckhoo; Stephen Fraser of Fraser, Housty and Yearwood, and Devindra Kissoon of London House Chambers. GT&T is represented by Timothy Jonas.

In 2009, Digicel filed a motion seeking redress for what it says is a contravention of its fundamental rights guaranteed under the Constitution of Guyana.

The company named the Attorney General of Guyana and GTT as the respondents.
Among other things, Digicel is seeking a declaration that the agreement made in June 1990, between the Government of Guyana, Haslyn Parris, Deputy Minister, Planning and Development, and Atlantic Tele-network, Inc. (ATN) a US company, to grant an exclusive licence, is absolutely void, and in contravention of the Constitution. Digicel argued that the licence granted to GTT which purports to grant an exclusive privilege in respect of the provision of national and international voice and data services is ultra vires and is not an exclusive licence.

Among other things, Digicel in that 2009 motion asked for a declaration that the licence in respect of international voice and data transmission services is not contained in or done under the authority of any written law that makes provision for the matters.

With regards to the cellular system, Digicel argued that the provision that international service can only occur through interconnection with another licensed operator is also wrong. In fact, Digicel argued that this is not catered for in the law.

Digicel wanted the court to award damages and/or compensation as a form of redress for contravention of its fundamental rights as well as costs.

With regards to the rerouting of the calls, GTT, in 2012, filed court action that it is wants orders to stop Digicel from commencing international calls through another means.
GTT claimed that on July 24th, 2012, Digicel publicly announced that it will cease routing international calls through its network and will commence a public international call service of its own with different rates.

GTT argued that its rates have been approved by the Public Utilities Commission and that Digicel has not received permission from the commission nor does it have a licence to directly provide a public international call service.

GTT wanted $3,000,000 daily for any continuing for breach of contract by Digicel.
Meanwhile, GTT over the weekend met with Prime Minister Moses Nagamootoo.
It said that it is committed to the earliest conclusion of negotiations with the Guyana Government and discussions with the Public Utilities Commission (PUC) for the liberalisation of the telecommunications sector.

This assurance was communicated to Prime Minister Nagamootoo by a two-member GTT delegation, during a courtesy call on Saturday at the official residence of the Prime Minister on Main Street.

Meeting with the Prime Minister were Justin Nedd, Chief Executive Officer of GTT and Delreo Newman, Director of International Regulatory and Governmental Affairs, both of whom iterated GTT’s intention to boost all-round cooperation with the Guyana Government.

According to a release from Government, the Prime Minister was accompanied by Deeann Ali, the Personal Assistant with responsibility for Information Technology.
“GTT briefed Prime Minister Nagamootoo on its investment profile and willingness to reach out to more interior and hinterland communities to provide reliable telephone and mobile data services.”

During the hour-long discussion Prime Minister Nagamootoo, according to the statement, thanked the executives for partnering in the Regional Radio Project in Bartica and Orealla which utilize GTT towers to access signals.
“The CEO assured support for the other projects at Mabaruma, Lethem, Aishalton and Mahdia.”

The Prime Minister also expressed satisfaction over commitment by GTT to an open and competitive telecommunication sector, and assured the company of Government’s favourable view of it being a national corporate player.

Source: Kaieteur News

One week after U.S Ambassador, Perry Holloway’s announcement, American Chamber of Commerce (AMCHAM) Guyana Inc. has installed an interim sixteen-member board to help guide the chamber through its first year of establishment.

The current Board comprises a dynamic mix of local, regional, and U.S Directors who are eager to dedicate their service, knowledge, and expertise to ensuring a productive start for the chamber. The members are:

• Mr. Zulfikar Ally, Queens Atlantic
• Mr. Clairmont Cummings, Corum Group
• Ms. Liz Wyatt, Sol Guyana
• Mr. Dave Kissoon, London House Chambers
• Mr. Justin Nedd, GT&T
• Mr. Rod Henson, Exxon Mobil
• Ms. Davie Sukdeo, Guyana Marriott
• Mr. George Kalantzakis, HESS Corporation
• Mr. Rafael Nabi, Nabi Construction Inc.
• Ms. Saskia Wijngaarde, RED Entertainment
• Ms. Yolander Persaud, Massy Group Guyana
• Mr. Jorge Medina, MACORP
• Mr. Richard Sammy, Republic Bank
• Ms. Marisca Jordan, RAMPS Logistics
• Mr. Andrew Mendonza, Baker Hughes
• Mr. Fitzroy McLeod, NAMILCO

Members of the Executive are as follows: Mr. Zulfikar Ally as Chairman; Mr. Clairmont Cummings as First Vice Chair; Mr. Justin Nedd as Second Vice Chair; Ms. Liz Wyatt as Third Vice Chair; Mr. Fitzroy McLeod as Treasurer; Mr. Devindra Kissoon as General Counsel; and Ms. Yolander Persaud as Company Secretary.

First Vice Chair, Mr. Clairmont Cummings Founder/ Managing Director of Corum Group expressed that “AmCham Guyana has a diverse and vibrant team comprising representatives across the corporate spectrum – ranging from global giants, medium sized firms, and local firms/ regional conglomerates”. He encouraged members of the business community to become involved in the chamber and echoed the Chairman of the organization’s sentiments that “the chamber will provide a platform for business, resource, and advocacy support; as well as a medium for community involvement and social corporate responsibility”.

AmCham Guyana is a private sector association of U.S. enterprises and individuals doing business in Guyana as well as firms and business executives in Guyana who operate in the United States. The purpose of AmCham is to promote America –Guyana bilateral trade opportunities and activities; to improve market access for America-Guyana goods and services; to provide an economic, social and policy platform for its members, to encourage networking and build valuable business connections; and to help promote corporate social responsibility and sustainable development in Guyana. AmCham Guyana’s official launch will be held in August.

Anyone interested in becoming a member can contact the Chamber at: info@amchamguyana.com

Source: Kaieteur News

“Don’t ever feel you’re too small or insignificant in this world to make a difference. If you think you are too small to be effective, you have never been in bed with a mosquito.”

On Thursday afternoon, last, scores of Queen’s College students gathered for their graduation, bringing the curtains down on a part of their life at one of the best schools in the country. And urging them on to greater things was none other than one of the school’s brightest scholars, Devindra Kissoon, who has returned home, establishing the London House Chambers as one of the foremost in the business.

According to Kissoon in his address to the students – in the presence of teachers and parents – he was sacked just six months after he started to work at a law firm in New York.
Emphasising for the students to stay steady and never give up, Kissoon explained that he started his first job at Cozen O’Connor in New York in 2002.

“I was surrounded by unknowns; there was an error within six months at my job – relying on a secretary to do something for me which she didn’t do properly – and ultimately I was held responsible. My managing partner fired me, giving me two weeks’ notice.”

The lawyer recounted that it was agony being fired from one of the best law firms in the US, and that the odds were stacked against him. But he was determined to overcome it all. “It was a situation where I had never seen a skyscraper or interacted on such a sophisticated landscape. I looked different, I spoke differently, my culture was different, and my knowledge base was woefully lacking. But I summoned up the courage the next week to go and see the managing partner – waiting on him day after day until I found him in the bathroom and apologized for my mistake… and asked for forgiveness and to be restored.” The lawyer said that the man softened. And “…that very partner made me a partner six years later. Don’t ever feel you are too small or insignificant in this world to make a difference. If you think you are too small to be effective, you have never been in bed with a mosquito,” he told the students.

He stressed that a graduate from Queens College is no ordinary thing.
“Hailing from Linden, I had very little idea of the greatness of Queen’s College. Upon my arrival I quickly realized that I was outclassed by brilliance which far surpassed anything I had experienced. Students seemingly effortlessly excelled at examinations without studying, instead focusing on athletics, poetry, debating, chess, craft and whole host of activities I had never imagined existed.

“This competition placed tremendous pressure for me to try to excel. Little did I realize that this positive peer pressure would result in all of us being well prepared for a work life balance which has endured up until today.”

He told the students that graduates of Queens College have excelled both here and abroad, and they now have the privilege of joining the ranks of Guyana’s elite including former presidents Forbes Burnham, Cheddi Jagan, and the current president David Granger.
“Also coming from Queens College were former attorneys general, judges, sportsmen including Roger Harper, poets and historians of the likes of Dr. Walter Rodney. You have the privilege of the backing of the most accomplished secondary school in the Caribbean. You will have at your fingertips Guyana’s finest men and women at home and abroad, and I can assure, every Queen’s College graduate will help another where they can. And once you announce your alma mater, in most instances, you will be treated with respect and dignity.”

The lawyer boasted that “QC runs things in Guyana”. However, he cautioned that with this great lineage comes great responsibility. “I charge each and every one of you with the task of keeping our crest flying high. Above all, be honest and have integrity. In an ever-changing word, a person’s word is still his bond, and the word of a QC graduate is golden. Be diligent and punctual. The standards you have grown accustomed to here must not be diluted with the passage of time. As you grow, also give back, you never knew how a simple gesture can change the life of a Queen’s College student.”

He said that despite living out of Guyana for more than 20 years, his best friendships are QC classmates. “And my darling wife, who is here today, was also my class mate, also from H house.”

He warned too of mediocrity. “Mediocrity does not mean failure. You are allowed to fail as many times as it take you to learn from that failure. Don’t compare yourself with others. We all come from different backgrounds. Some of you will be going away to study, some will be staying right here at UG, and others may be looking for a job. Everyone will have a different opportunity. Do not feel greater or lesser than your peers. I promise you no matter what opportunity you are afforded, each and every one of you have the makings to be someone great.”

He also urged the students to stay in Guyana and help it grow. “In closing, only a lack of education can hold you back, and today you’ve cleared that bar; and you’ve done it at one of country’s finest institutions. I assure you that when you look back, some of the best years of your lives would have been spent here at Queen’s College. However, this is just the beginning of your journey. It’s now time for you to work harder than ever, take risks, have a goal and have a plan. And never stop studying.”

Kissoon started Queen’s at the tender age of 9 having placed in the top 10 at the Common Entrance Examinations. A member of H house, and a keen member of the QC chess club, he became the first student at Queen’s College (and in Guyana) to top the CXC examinations in 1993, being awarded the Berger Prize. He was an avid contributor to the Lictor and a regular member of the debating team. He graduated from Queens College in 1995 and was awarded a scholarship from Government.