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.

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.