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Posted March 20th. 2003

Police Shoot Unwanted Basketball -Playing UG Student on Suspicion

"Your father, your mother, your brother died today from gunshot wounds. But never mind. Nothing is going to happen. The whole o' Region 4 like is pure target practice. And you know what? It look to me like the people killing got long strings. If you get shot by gunman or by police, poor you. Some countries done away with capital punishment. But we done away with murder trials. We even done away with arrests. We got no real use for the courts"

This cry of pain and disgust, in a racially divided country, is in the unadmitted no-race zone. Typically Indian Guyanese families in mourning after brazen bandit assaults give this cry of pain. Typically African Guyanese families of wanted young men shot by the police make it. Each of these two groups of families may see itself as very much unlike the other. Their circumstances differ. The bandits see the certain Indians as suspect PPP supporters with money. A most horrifying case was the kidnapping and killing of Jinga, Annandale resident and Buxton cane farmer. Let us hope it is really getting less and less frequent as it seems.

On Saturday morning, March 1, 2003, unknown policemen, acting on suspicion, opened fire at a car, fatally wounding Yohance Douglas and injuring Ronson Grey, as they were driving home from a game of basketball. It is a crime without excuse or explanation, although it took place in a certain context.

Will it go any better since the young men seem to be of a small social set not normally on the wanted list of the police.

"Circular causation" is a phrase used by economist Gunar Myrdal in an explanation of poverty. He was much quoted by former President Cheddi Jagan. Circular causation has become a political factor in Guyana. Over the past year the gunmen, nesting in two well-known African Guyanese majority districts, have been the main offenders. The shooting, however, had begun with the so-called Black clothes (TSS) Police Unit. Dr Mark Kirton of University of Guyana was right to challenge the police with operating on suspicion by race, but it did not begin seven years ago with Jermaine, whose logie we visited the morning of the shooting.

In the early seventies, in the Burnham "Golden Age of the Africans" we had to investigate the shooting of fifteen-year-old Keith Caesar in South Cummingsburg. Then soon after Tappin was shot. Older citizens will recall that MAO was formed to fight against police brutality. It was formed two decades before 1992. Tempting as the argument is, police suspicion by race in Guyana is complicated. A century ago it was Chinese men or Indians. There should be a social commission on the reason why the prisons are full of young Africans. Human Services should commission the University of Guyana to do such a study, using the many unemployed social work people. Such a study can hardly be faked. It will be good for the whole society. Yet, Dr. Kirton has correctly identified the group most likely to be suspected. Why in the 1970s? Why in 2003? Here is an attempted sequence from 2001.

Black Clothes Unit's continual shooting of suspects, majority African. Protests. DPP 's withdrawing from courts the right to hear private indictments. Socially blind security force shooting of "Blackie" London after surrender, making him folk hero. Endorsement of this action at highest level. Uninvestigated and unanswered political scandal linked with London. A body of opinion promoting incidents as attack on one race by another uses the police. This lobby's pinning hopes in PNC's reform and reinvention for 2001 elections. After PNC's defeat, new forces are mobilising and seeming to decide on a line of action not relying on elections or negotiations. Guns, hand grenades, being mysteriously obtained, and distributed. Buxton-Friendship being selected as school and staging ground. February 23, 2002-prison outbreak of five, killing innocent male guard and injuring woman guard. Three months after one of them appearing on TV, posing an AK 47, thus seeming to establish missing links in the chain.

Drugmen came into the picture. At what stage Watch Post does not know. One report says they sparked February 23, but the men were converted into the Five for freedom. Is that the source of the crop of AK47s and hand grenades, which the government calls "No Crisis"? Or is there another war chest?

February 2, 2002. The head of the TSS is shot while under investigation for acting as enforcer for criminous US visa officer, Carroll. Shaka Blair is killed by TSS who break into his home on the morning of their Chief's funeral. Whom are they warning? Did Blair disappoint someone? Some time on the day of Blair's funeral, handbills proclaim the five escaped prisoners freedom fighters thus linking crime and politics. That same morning , n a sort of counter move, a gunman shot Sgt Kusieram at Vigilance. Eusi Kwayana, who pleads for peaceful pursuit of the matter, charges Merai with murder. The DPP, before the ink of the charge is dry, removes the case from the courts, making the argument for the courts seem foolish. At some point, the "Five for freedom" announce their intention of shooting at sight police units and government officials and their families.

We now attempt to find the context of the shooting of unwanted basketball players, cause the death of young Douglas.

The gunmen began to carry out their threat by shooting policemen almost at sight. When they shot or robbed Indian Guyanese this was explained by some as their way of getting at an Indian government, which was giving orders to the police to attack African youth. We have disagreed with this pretext or excuse. Those who wish to ignore the attacks on PPP supporters refuse to say that the police under Mr. Burnham had a right to kill criminal suspects, most of whom were African poor. (This is separate from the political killings of Ohene Koama, Edward Dublin and Walter Rodney). Over the last several weeks the killings of policemen of both major races accelerated. Police began to explain their excesses by the fact that their colleagues were being shot. One set of offences became the cause of another set of offences, and they go on like an animal chasing its tail.

A fatal shooting today day leads to another the morning after. People die, but not everyone at the same time. Those left alive have a false sense safety. There is always the morning after. The circular causation of killing is with us! This is where our wisdom has landed us. Is there a new spirit showing itself in the prayer meeting at the Square of the Revolution, with both the President and the Leader of the Opposition attending? But just when it seems, from this distance, that there is a welcome drop in the gunmen's activity, the other side is making sure that peace does not break out. Who will fly in the face of the Most High? Thanks to the Churches, the WAVE, and the GIHA. "How beautiful are the feet of those who stand on the mountain to publish the good news of peace."

Unease over Police Moves

The investigating police will have to watch, and be watched, for conflicts of interest. The basketball players and UG students were traveling on Saturday morning in a private car, described as a "Sprinter" on Sheriff Street in the Section K Campbellville block. It was not the much-reported "maroon" car of the East Coast and was not described as the usual white car. The police found something 'suspicious'. Suspicion is a factor for which a policeman has to take personal responsibility.

Other police responses to watch are: "the policemen said that shots were fired and they returned fire but he could not say if any spent shells were found on the scene here was gunfire and the police responded. So one defence is that there was gunfire from an unknown direction and that the police responded by returning fire in the car, thinking that was the direction of attack on them. This is another version of the self-defence plea, used in the Shaka Blair case. The whole country now knows that the post mortem or some other examination of the survivors can show whether any of the passengers fired a weapon.

In Shaka Blair's inquest Attorney at law Raphael Trotman represented the family and no proof of Blair's firing a gun was produced. Political officials had told a concerned Buxtonian delegation in private that only one post mortem report found absence of gunpowder. The official had insisted that Shaka Blair had been armed. Then there is the almost incriminating "rasta wig." But on the more important matter of spent shells he had no information after 24 hours. Strangely, the police held in custody overnight one young man with an injured hand and two other passengers from the car in question. They have not explained the reason for this wrongful imprisonment of persons whose lives they had endangered. Two of the policemen concerned in the incident were simply "confined to desk."

Integrity of the Investigation.

The Guyana Human Rights Association (GHRA) in a statement sought to advise the authorities. One part of its statement reads:

"Because prima facie evidence suggests criminal behaviour, not simply police misconduct, the GHRA is not satisfied with the proposal to involve the Police Complaints Authority in this matter. Apart from the track record of the PCA, it has no mandate for criminal investigation in the first instance has no staff to conduct investigation and such a role could be open to legal challenge. The credibility of the GPF requires an efficient criminal investigation, with charges laid according to the severity the evidence demands. "

There is an underlying conflict of interest in the Police Commissioner's actions in selecting a high-powered police team to investigate the incident in order to decide further action. The Code of Conduct in the Integrity Commission Act forbids leaders placing themselves in a condition of conflict of interest. Mr. McDonald will say he was doing his duty as head policeman he has appointed men and women under his command, all loyal to the force and all feeling under siege.

GHRA, an experienced Human Rights organisation, has advised that witnesses give their statements to the Police: "In order to expedite the legal investigation, the GHRA is encouraging all witnesses to the incident to accept the appeal of the Commissioner of Police to come forward and make statements." (End of quote)

There is nothing in our law or our Constitution giving immunity to the police. It only allows them to use such force as is necessary. More force than that will appear to be a capital offence, very likely, murder. It is hoped that public opinion at home will cause the offenders to be duly placed before a court of competent jurisdiction on the way to the jury, the final judges of the facts.

Watchpost is a one-person organisation and occasional bulletin devoted to corruption in Guyana. It is the sole responsibility of Eusi Kwayana. It depends on readers' donations. His present address is PO BOX 2966, National City, California 91951-2966.


October 2001.

[This issue deals with the climate of unaccountability in Guyanese affairs. It will be found after careful search that the only accountable Department of Government may be the Office of the Auditor General, which is consequently underpaid and understaffed].

Item One. Rejoicing over the election of a young head of government, or of a woman head, is common today. The Convenor of WATCHPOST publicly welcomed Mr Jagdeo to the presidency, despite the route by which he was taken there, and even while condemning the route. Youth is not a holistic virtue, however. It needs other props.

When the Stabroek News (See S.N. March 5,2001) questioned the President why he had not attended to the police report on the stone scam of 1999, His Excellency said, "I was on the campaign trail." The President had dissolved parliament and appointed polling day, March 19, 2001. He had lost sight of an important factor of accountability, although his mind was fully transparent.

Under the Constitution, members of parliament are not paid, and therefore are not on duty after the dissolution of parliament. The President and the Ministers, however, are still on duty and are still paid their full earnings. There is a presumption that the Presidential and ministerial functions, legitimate ones, shall go on without the kind of excuse the President made for neglect of duty. In his opinion, the people must pay him and his ministers, but not their MPs or the MPs of opposition parties, to be on their campaign trails. It is sad indeed that the President felt bold enough to use this campaign trail as an excuse.

He was not on the campaign trail when the Auditor General and the Inter American Development Bank (IDB) issued their reports. Yet, although Mr. Roopchand was fully complicit in the stone dealings, this gentleman has been made a member of the Revenue Authority as a Board member. Another of the cast was "sent home" but engaged as a consultant by the government. President Jagdeo`s memory is not that of a thirty-five year old.

Item Two: WatchPost Learns of a Magistrate's Bail Shop

WatchPost has received information about judicial corruption at the level of a highly placed magistrate. To conceal the source of the information, the figures used are not accurate.

Earlier this year an attorney at law made an application for bail for a serious, but bailable offence. The learned magistrate fixed bail and the attorney applied for a reduction. The magistrate refused, but left it open for the attorney to approach him in chambers, as is possible and proper in the courts. The attorney, after consultation with the client, made the application in chambers and was told that a reduction was possible for a fee of $150, 000. Of this, the magistrate told the attorney- at -law, half would go to the magistrate himself; half of the balance would go to the prosecutor and the other half of the balance would got to two policemen.

On discussing the matter with colleagues, the attorney at law met a wall of surprise, since everyone said that it was nothing new. It seems that under pressure from relatives of accused persons, attorneys –at- law have from time to time complied with the unlawful levies of this magistrate. It is not known whether or not the matter has come officially to the notice of the Guyana Bar Association.

Attorneys at Law have a limited time to act on these abuses of themselves and of accused persons and of the courts. The Magistrate concerned is perhaps not alone in these practices, and is no better than the persons in political office who practise various forms of extraction and evasion to solve there supposed financial problem. "Woe unto you, lawyers, for you give men burdens grievous to be borne, the one which you will not touch with one of your fingers." –(Jesus )

The press should secretly poll practitioners about this practice. There is no excuse for it, since there is the right to appeal to the High Court on matters of bail. (Since this report was written abroad in August news cam to lift that the Magistrate had been removed from office for drinking on the job. He refined corruption and gave I new appeal by covering it with a cloak of "sharing". It is a pity no one saw it as a duty to complain formally against him.)

Item Three: The Customs Albatross

WATCHPOST by letter dated March 9, 2000 asked President Jagdeo to say why his government had dismissed from the Revenue Authority ‘on arrival’ the previous head of Customs and Excise, Clarence Chue and along with him, Mr. Bancroft and Mr. Bahadur and Mr. D.Linton. There was fairly prompt acknowledgement from the Office of the President.

However, to this day the President has not replied to the question. WatchPost had assumed, listening to the President, that he had accused officials at Customs of corruption, but the Editor in Chief of Stabroek News argued that such an accusation had not been made by the President in public. At that stage Watchpost wrote to the President.

The new Minister had in l993 convened vital meetings of Customs officials without the knowledge of the Comptroller. He had also ignored the Comptroller`s frank advice, given in writing, relating to the selection of officers for a monitoring force known as the "fraud squad" and appointed to it persons regarded by the Comptroller as being under investigation. The former Minister has a public reputation for justice and should consider that his testimony can go a far way to bring justice to persons suspected of being victims of a party plan to stage a coup of a major government revenue agency, Customs and Excise, now part of the Revenue Authority. It all began with an order from the Secretary to the Treasury to the Comptroller to suspend a number of officers. The Comptroller demurred, asked for the reasons for such action. Eventually he acted on the instructions of the Minister. A response from the Secretary of the Public Service Commission pointed out that the requested action could not be taken under the rules unless the persons were charged in writing.

Unfortunately, this is the state of our information culture. The President and his advisers would no doubt prefer a public TV blast that his party staged a coup at the Customs and removed the personnel without justification, so that his TV could respond by a counter accusation and leave the whole issue in he air. The fact that the entire press has given up on the Customs issue and that the population no longer discusses it, exposes the extent to which the political establishment (Government, and alternative government,) relies on mystery, unresolved issue, picong,* and on turning serious matters into trivial matters., and take a delight in having issues hanging for convenient use, rather than for hammering away until full explanations are given or found. (* Trinidadian for ‘banter.’)

As for the Government, it refuses to bring matters to a head. In order for the Government to be seen to be willing to listen to the main Opposition Party, with which it has a 54 year old feud, that party must stage marches of tens of thousands in the city. These marches often have public order spin-offs, ending in assaults on randomly chosen Guyanese Indians, assumed to be supporters of the ruling party. These are the meshes in which accountability is caught in this unhappy country. He present dialogue between the President and the Leader of the Opposition is in itself a welcome improvement. But unfortunately it results from the ugliest of ethnic confrontations, known as "struggle." It gives credence to the belief in influential quarters that unless PPP supporters are made to feel insecure, the PPP will make no concession.

The political culture in Guyana evades scrutiny. Thus what the public holds to be true is based on preference and sometimes prejudice. Citizens are left to choose a version of the truth just as a consumer chooses a brand of toothpaste. There is no culture of enquiry and laying bare of the facts. The isolated investigations which have taken place are low-keyed, the reports are delayed until public interest has waned and then the reports, even when published, are restricted in circulation, because the agencies which should make them public (not the commissioners) have an interest in not revealing the findings of the commissions. International bodies have been implicated in this when they write "Confidential" on their findings deling with governmental expenditure.

The systemic negligence does not apply only to matters of financial corruption. It applies also to public order issues. On April 9, 2001 there was disorder in Georgetown. Prominent opposition MPs was arrested; the police beat men and women who were picketing the Office of the President. Later that day, fires broke out on Camp Street and part of Regent Street, destroying some seven buildings, mainly stores and the headquarters of the Guyana Agricultural and General Workers’ Union, the largest trade union in the country.

As crowds gathered to watch a fire, Donna McKinnon, a mother, received a fatal bullet or bullets. An African Guyanese man was wounded and died later. Stabroek News reported that shots had been fired from the direction of Freedom House, the PPP headquarters. The GAP-WPA called for an enquiry. The Government later agreed. Still later the PNC, the main opposition party, agreed. To date, end of August, no enquiry has been mounted or even announced. (That remains the case at the end of October).

After April 9, 2001, inter-personal violence was directed at Indian Guyanese commuters along sections of the East Coast Public road highway). Still, there is no announced enquiry, even though three persons, two adult males and one male child were found fatally shot in backlands during this period. An African man escaped being killed by a group of Indian ‘vigilantes’ in the same part of the country where one was lynched in August 1998. During the week ending October 27, 2001, an African vendor of Golden Grove, selling boiled corn in Enmore reported being beaten by he Enmore Policing group and being warned to cease his selling activities in the village, where he has been selling for years. This Golden Grove resident has borne the brunt of two campaigns directed earlier this year against Indians as PPP supporters. All of this failure to conduct enquiries shows the importance of the action taken by the Guyana Indian Foundation Trust (GIFT) when, in 1998, it mounted an enquiry into the anti-Indian incidents of January 18, 1998 and published a report.

Equally unhappy Jamaica presents a more encouraging picture in this particular respect. In July, 2001 there were random disturbances, with fatalities, in Kingston, Jamaica. On July 25, 2001 CANA reported that the Prime Minister of Jamaica had "contacted an eminently qualified foreign-based jurist whom he hoped would chair the Commission of Inquiry into the recent disturbances in West Kingston."

The political culture in Guyana, as revealed by study of corruption allegations, is hostile to the development of the normal human development of citizens. The following letter is instructive.

(508/99) Mr. Mohamed Shaw

ST;: 38/2/7 Chairman, Concerned Citizens of Enmore Policing Group

19985-06 Beezie, East Coast, Demerara

Dear Mr. Shaw,

RE: DUTY FREE CONCESSIONS- CONCERNED CITIZENS OF ENMORE

POLICING GROUP.

I refer to your letter dated 1999-01-30 on the captioned subject and wish to inform you that the Minister of Finance has given approval under Section 12 of the Customs Act and Section 18 of the Consumption Tax Act for the remission of the Customs Duty and consumption Tax on the following:-

Ten (10) – 12 m6v or 20 Gauge single/double barrel Shot-gun

One Thousand (1000) rounds Cartridges.

Yours sincerely

…………………………….

For Secretary to the Treasury.

cc. Comptroller of Customs and Excise

Auditor General.

The letter above is given for the readers’ free analysis. It records the exercise of power. The power is in fact held by the Minister. An order from the Minister would in fact produce a letter like this one from the Secretary to the Treasury. Police groups were established under the former PNC regime to fight crime. Mr. C.N. Sharma was very active in one of them in Central Georgetown. Under the PPP/C, the crime wave continued.

The WPA, the PPP and others were very concerned about the kick down the door crimes, mainly affecting Indians who appeared prosperous. The crimes were mainly executed by African offenders. This general fact provided cover for whatever Indian offender wished to assault another Indian family, but these cases were fairly rare exceptions. These circumstances would explain the PPP`s heavy emphasis on policing groups. They can be established anywhere, but observers will notice a marked difference in status between those in PPP constituencies and others. Many officially recognised policing groups also double as vigilante groups and more. Though this is not a problem of financial accountability, it is a question of accountability, ultimately affecting public expenditure.

It is known that a man who was the live wire of a policing group was charged by private indictment in the courts with possession of lethal firearms and ammunition. The case was aborted by the magistrate after evidence of the police raid and the finding of arms and ammunition, and no other evidence had been led, by the private prosecutor. When the Property Book was requested by the Magistrate, the page with the entries had been removed. But as material evidence ran over to the opposite or right hand side of the book, at the next sitting, the book had disappeared. The prosecutor attempted to lead secondary evidence and the Magistrate ordered the case closed and discharged the accused. Note, however, that this is not an allegation the government supporters are playing a physically offensive role. They are not. Instances of physical attacks by Indian Guyanese on African Guyanese in a political context are present, and grave when they take place, but very rare in comparison with the attacks visited on them.

The disturbances are not marked by many fatalities, although the few are too many. From April to end of July there were apparently five fatalities. One African woman and one Indian man were killed in the context of the fires in the city. Two adult males and one boy all Indian Guyanese were killed in the rural areas, not in a typical setting, in a place remote from residences. Most Africans killed have been killed by the police death squad called by the people "The Black Clothes" from their uniform. One thing is common to all of these attacks. Except for petty offences, they are almost never investigated or brought to a head. The same style, as though by design, affects public financial accountability.

Item Four: "For the avoidance of doubt's".

This is a much-used phrase on the 1980 Constitution. It speaks for itself. WatchPost eagerly adopts it.’

For the avoidance of doubt, let it be understood that under the Commission of Enquiries Act, the President may at any time appoint a Commission to enquire into almost any matter.

Any notion that enquiry into violent death may be carried out only by a coroner or by a chosen police officer, or that enquiry into disturbances can be carried out only by GIFT is mistaken and even mischievous. This rule applies to all the incidents of the April to June period, and in particular to the killings at Vigilance backdam, at Robb Street, the shooting by police at Mandela Avenue in Georgetown when three Africans were victims and the shootings by police and BASS on the Corentyne. There, an investigation by BASS of three Indian males led to their deaths by BASS gunfire. Later both Indians and Africans, some as innocent by- standers, in an ensuing protest were shot to death.

Item Five: GT&T’s Unlawful Attempts to Stifle Competition.

INET Communications Inc, is a Guyanese internet service provider company, founded by six Guyanese. Its reputation for the services it provides has been rising. It has been winning key customers and the Government has been ordering it to stand still, very much as Joshua ordered the sun and moon to stand still. (The cause of this has come from GT&T, a foreign company with government holding 20 per cent of the shares. It was spawned by ATN of regional fame.)

In its attempt to extend the jurisdiction and monopoly given to it in its operating licence, by the previous PNC administration, the company has the full support of the present administration, more accurately of Prime Minister Sam Hinds. Mr. Joseph Tyndall, the former Chair of the Guyana PUC, is well known as an international expert on public utilities and on communications regulations. He was sidelined because GT&T, the foreign telecommunications company, asked for his head.

However, his successor, Mr. Menon, was also purged on the clear demand of the GT&T. Days after Mr. Menon vacated his office, GT&T announced the payment to the Guyana government of its first dividend in a decade US $1,000, without any reference to a recent AGM Mr. Tyndall, advising the owners of INET, found that the GT&T was imposing conditions on INET, using assumed monopoly power, which it does not have, for supply of internet services.

Hon Sam Hinds, who has not the power of a Public Utilities Commission regulator, advised INET to close down. A letter threatening the existence of INET was leaked to GT&T and the press, in order to weaken customer confidence in INET. Previously GT&T has slashed its own quotations for internet service by some 50 per cent in order to under-cut INET which had a cheaper and more efficient quotation and service. GT&T, at the time it signed the Guyana agreement, clearly did not understand the trends in the industry and left certain services un-monopolised. It now uses its senior partner relationship with the Government to suppress Guyanese enterprise, which is supposed to be represented by that same Government. But while in effect stifling competition, the Government claims in its 2001 Budget statement that it is furthering competition.

A most lawless stand has been taken by GT&T in its refusal to grant telephone connections to INET, even though INET operates in a building which has vacant telephone lines. INET was founded by Mr. Noel Holder and others. GT&T are determined that Guyanese technical information entrepreneurs do not flourish in Guyana. This case documents a conflict between common sense and conflict of interest.

A study of various major contract projects in Guyana leaves the observer with the suspicion that the government, for all its immaturity, operates on strict principles in matters of major expenditure. These principles are aimed at bypassing as much as possible, all norms and rules which stand in the way of enhanced advantage to persons pre-selected by the government leaders.

 

Item Six: Authorising a $$mm Contract

The strangest case came to light in recent months. On March 15, 2001, four days before the 2001 general elections in Guyana, Mr. Persaud, Permanent Secretary of the Ministry of Legal Affairs, signed a contract, a major one in Guyanese terms. It was for printing and website servicing of a new edition of the Laws of Guyana. Few persons acquainted with the process of things in Guyana would have expected a contract of such value to go through the standard process without a hitch. It did not, even though it dealt with the delicate area of Law.

The value of the contract was $41.4m Guyana dollars, or 220, 500 US dollars. This did not go according to rule. It is understood that credit is due to Enrico Woolford of Capital News TV for tracking down the location and status of the offshore company involved and to Patrick Denny for the exposure in the print media, Stabroek News.

Although the contract was signed on March 15, 2001, between the New York based New Global Consultants and Mr. Ganga Persaud, and although Dr. Luncheon is quoted as saying that Cabinet on February 13 decided on the award of the contract to the New York company, the public is told that Mr. Persaud acted without authority. This would seem to be a major breach of financial regulations. The officer in fact constituted himself the National Assembly, adding an item to the annual budget.

While the Cabinet Secretary, Dr. Luncheon said that the project was one to be funded by the IDB, Mr. Persaud insists that it was to be funded by the Guyana Government. Activists have been probing from various relevant angles. A striking fact for WatchPost from a study of the reports, and one pointing more in the direction of evasion than of candour, is the fact that for such a big contract Dr. Luncheon could say, with full command of his documents, that he was "unaware of the names of the principals of the company." He did not even offer to supply the names to the media after consulting his documents at his leisure.

In the meantime, Mr. Persaud, who signed the contract "could not recall the name of the official who signed the contract on behalf of the US firm." Even if the lapses of memory were genuine, the intention to disclose was absent. These are matters which can be ascertained in these days within minutes and conveyed to the public media. The Cabinet, in practice, does not approve such contracts, and even smaller ones, without detailed reports on the bidders from those forwarding the matter for approval. Such important decisions are not made on the basis of threadbare information. Dr. Luncheon should have copies of the facts in the Cabinet Office, especially since the Cabinet admits taking the place of the Central Tender Board. As for Mr. Persaud`s lapse of memory, let us hope that somewhere in the Ministry there is a copy of the contract which he signed as PS.

The media have reported that there are firms at home in Guyana which would have been prepared to bid for that contract. They were not given an opportunity. President Jagdeo himself, having the responsibility for Legal Affairs at this time, admitted that advertisement of the tender would have given every competitor an equal chance. This is a commendable statement for a president whose own exercise of his powers leaves him, from time to time, as his own legal adviser, as in this case.

The latest position is that Mr Ganga Persaud is to be prosecuted, but that since the Attorney General is on sick leave in the UK, there is no decision on what charge is to be laid against him, if, in fact, there can be a credible one. Persaud is Permanent Secretary to the Attorney General who is to lay the charge? It is a strange sense of responsibility in the Government, which brings together again these two citizens. One was, in 1997, the Chair of the Elections Commission and the other was a person of authority in the Elections Office. Mr. Ganga has not been properly cleared for the office of Permanent Secretary. He was named in the trial of the Elections Petition after the l997 elections. His Chair, Mr. Singh, S.C. who himself conducted the case for the respondent Elections Commission, did not call him as a witness to clear the allegations made against him.

However, after the closure of the evidence, Mr. Ganga Persaud could be read defending himself in the press, enjoying the safety of the press for his writing. This is the gentleman chosen by the Public Service Commission for the post of Permanent Secretary of the Ministry of Legal Affairs. A sense of irony in the country is not a necessary tool of administration.

Another odd circumstance which arises out of the complex award of a simple contract is that the Minister of the Department, in that capacity or that of Attorney General, will advise on the charge to be laid against Mr. Ganga Persaud. A householder who loses property as a result of a criminal act does not choose the charge to be laid. Under the Constitution, the Director of Public Prosecutions, and not the Attorney General is charged with the authority to execute prosecutions. Both officials may be friends of the Government, but the Attorney General is a member of the Cabinet with an interest in protecting it from legal embarrassment.

Item Seven: Balanced Judgment on a Woman`s Project

The evaluation report "Building Capacity For Gender Equity in Governance" was a model of even handedness and useful comment. It was not marked "Confidential" like the Report of the IBRD consultants on the stone scam on the Essequibo Road Project, although it is hard to find what is confidential about public funds and their maladministration. This evaluation was "Commissioned by the Ministry of Human Services and Social Security (Guyana) and the United Nations Development Programme." It was prepared by (Ms) Norma Shorey- Bryan, Consultant. She is either Barbadian or based in Barbados.

The report says in part:

"The specific objectives of the programme were to:

. Enhance the role of women in the decision-making process so that they become equal partners

with men in the democratic process; and

. Ensure more informed and effective participation of women in community, government, and

political and civil society organisation."

It was expected, the report declares, ( p.3) that by the time the Programme came to an end, Guyana would have in place the institutional and human resources to further the integration of women into the political and democratic process through:

. The recruitment and appointment of more women to decision making positions.

. Greater public awareness of women`s potential and actual leadership roles

. Greater aspiration of younger women to leadership positions.

In her findings, the consultant found that ‘The concept of he Leadership Institute as a focal point for such activities is an excellent one’

However, over the two years of the life of the Guyana Women`s Leadership Institute (GWLI) "there was a clear shift from the original focus of facilitating women`s involvement in public leadership/decision making to a focus on personal leadership and personal skills development for grassroots women, housewives and early school leavers."

This shift in focus reduced the capacity of he programme to "address structured gender relationships." It was a case of a programme presented to satisfy demands of the world wide programme of recognising women as leaders and decision-makers and of equipping them for these roles being shifted to another kind of focus.

EVALUATION: According to the findings of the evaluation, the laudable project was bedevilled by a midstream switch of objectives and by " Organisational Structures". In the upshot, women were not trained for public leadership roles. (It will be noted that the ruling governing party`s women to the National Assembly fell below that of its main rival and of a smaller Opposition party.-ed)

The organisational flaws were of a serious nature.

"Following the work of an initial Steering Committee, a Board was formally appointed in December of 1998, with representation from a cross section of relevant bodies and key individuals. It was envisaged that there would be Advisory Commitees for programme modules reporting to a National Steering Committee. This process did not materialise and a Steering/ Advisory Committee was allocated responsibility for monitoring the GWLI`s training programme and curricula."

It was originally intended that the Women`s Affairs Bureau (WAB) would be the lead agency for the Project, but the Bureau has not played this role. The Minister for Human and Social Services has played significant direct leadership role in the (sic) both the formulation and the implementation of the Project (in order to ensure that her vision for the Leadership Institute was realised.)

Issues, Impacts, and/or Implications: The Minister was the driving force behind the Project. It was her energy and determination that ensured that the Project received support from Parliament, both for the acquisition of the building for the Institute and the required counterpart funding.

. While the leadership mechanisms and roles of the Board were formally defined, there is a lack of clarity among some of the members about the respective roles and responsibilities of the Board and Steering Committee, as well as the accountability and reporting procedures for the Project. These now need to be clearly specified and streamlined.

. Contrary to usual practice, the Minister is the Chairperson of the Board and also of the Steering/Advisory Committee. This unusually direct involvement of the Minister was considered by her to be essential to guide the Project in its early stages.

. While Boards usually report (ultimately) to a minister, having the Minister as the Chairperson leaves uncertainty about the accountability of the Board, compromises its independence and impartiality and effects the level of participation and contribution of its members.

. *While having the minister as Chairperson of the Board might have been rationalised as necessary in the infancy stages of the project, now that the project is established, it is timely to streamline the leadership processes so that the Board, with an independent Chairperson, reports to the Minister." (p 5-6)

. There were implications apart from impacts. It is for political reasons that the Guyana Women`s Leadership Institute was not managed by the WAB. The PPP/C found itself Stuck with the Women`s Affairs Bureau and its Head, Mrs Halley Burnett. The new Government could not abolish the Bureau which was already well known in the International women`s movement. Guyana under the dictatorship had passed far-reaching laws which removed many of the legal disabilities of women. Guyana was the envy of many countries. Mr. Burnham was sure that no random empowerment would be permitted and so was advised technically by specialists who included the present Chancellor of the Judiciary and others. The WAB Director has the distinction of being appointed by letter from the Public Service Commission to act as Director of Social Services and of having her appointment overruled by the Cabinet, in violation of the Constitution.

. Postcript: The same Minister, (not the present one), a PPP cadre of commendable personal achievement was accused by Watchpost of controlling social services through a political adviser and fellow cadre at the Ministry of Human and Social Services and running the Fund for people in Difficult Circumstances by setting aside the recommendations of professional social work staff. This Minister also told the public that relief from her Ministry to a fire victim was delayed from end of August, 2000 to January, 2001 because the amount was "over G$20,000". The woman told Watchpost that in fact the amount was G$20,000. Moreover, the amount offering recommended for her was $50,000, but it was reduced by the Political Adviser to $20,000.

It was not "over $20,000"

Item Eight : Disturbing Reports of Guns ‘Intended for Guyana’.

. COLORADO

. The GAZETTE of Colorado Springs of March 15, 2001 carried the following main front page headline:

. GUFFEY GUNS LINKED TO GUYANA

. The story was signed by Jeremy Meyer and Bill Hethcock. The print media in Guyana never published this report and perhaps took a decision not to do so. There had been a brutal murder in Colorado Springs in which the suspects were high school boys. The defence counsel , Mr. Kaufman, counsel for one of the suspects spoke with the press.

"Kaufman who on Tuesday claimed the youth were inspired to kill by the left-wing rock group "Rage Against The Machine" speculated the Dutchers might have been killed during a robbery in which the suspects were trying to steal guns from Carl Dutcher, a gun collector.

"Kaufman said the weapon were being gathered to supply a Guyana political group called the People`s Political Party. In fact, weapons are being funnelled to the PPP from a purported underground network of US supporters, Kaufman said. " Guyana will have a general election Monday (That would have been 4 days after Kaufman spoke).

"We have a strong sense that these weapons were intended for international transport," Kaufman said.

Although the Government in Guyana was silent on this damning report, its ambassador in Washington made an interesting comment, not denied by him since. The Gazette carries a daily advertisement in bold type of a space devoted to the correction of errors made by the paper. This is how the Gazette reports the Ambassador`s response to the news:

"The Guyana ambassador to the United States, Odeen Ishmael, said the People's Progressive Party is the one in control of the country and has been since 1992, that`s what troubles me," he said. "If it was the party of the Opposition that was stockpiling weapons, we could give some credence to this."

"The party already has access to weapons with armed police and the army."

He said the election is creating controversy, but he doesn`t believe it will lead to violence. About 800,000 people live in Guyana, and the country has an army of about 2000 and an armed police of about 7,000. Citizens also are allowed to carry licensed weapons most of which come from the United States, Ishmael said.

"I find it fairly difficult to understand that weapons of such bulk could enter the country," he said, "It would be difficult to understand why people would want to enter those things illegally. I`m sure there would be records from Customs to show such cargo went o Guyana."

(The Gazette, Thursday, March 15,2001, pA8, Cols 3 & 4.)

The charge made by the defence counsel may well have more to do with implicating a target organisation in Colorado than with Guyana. But once it became a public issue, demanding a statement by Guyana’s ambassador to the USA, concealment from Guyanese is inappropriate. H.E. Dr. Odeen Ishmael`s statement gives information about the armed forces which many people at home do not have. It is not even mentioned in the country’s annual estimates. He might be equally unaware at the time that some people had a right to import or obtain arms duty free, but that was not a detail for the international community.

Item Nine: Breaches of Procedure in University Appointments.

Dr. James Rose, Ph.D

Vice Chancellor

University of Guyana.

Dear Vice-Chancellor,

After considering for about two weeks reports reaching me of alleged breaches of process at the University of Guyana. I have decided to write to you for a response or clarification before taking any other step. I am aware that you are under no statutory obligation to answer my concerns, seeing that I have no official standing in the matters.

However, for decades I have made bold to intervene in these situations, not always by means of direct enquiry.

In order of the time when the complaints came to my attention, through the agency of parties not directly concerned, the School of Medicine come first.

There is written and signed evidence of a claim that the Vice Chancellor breached the procedure laid down since 1996, namely, that Principal Tutors are to be appointed by the Medical Director in consultation with the co-ordinators." The point of this complaint is that the appointments were not made according to this rule.

In a style we have known in the past, procedures, it would seem, were disregarded and thrown out of the window. In fact the complaint alleges that the Medical Director learned of the appointments though a report in the Stabroek News of 13 December.

If those allegations were true, they would indicate a creeping re-deformation of an important institution.

The second complaint is less documented from my point of view. It is still, however, in full circulation. It concerns the alleged failure of the responsible functionaries within the university to process Mr. Calvin Eversley`s evaluation as a lecturer in the Law Faculty. I am told that students of the School have petitioned the Vice-Chancellor seeking assistance in speeding up the procedures. The students seem to rate Mr. Eversley as equal in quality to any lecturer they have had and moreover as one of the few full-time lecturers.

I do not know whether you have a direct role in the second complaint. You certainly have a professional interest in seeing that quality is maintained and improved at your institution.

I have also borne in mind the fact that although you are Vice-Chancellor and stand in your academic discipline, you have never laid claim to expertise in medicine or law.

Please let me know when you receive this letter.

Thank you for your courtesy and indulgence.

Yours respectfully,

Eusi Kwayana.

Item Ten: Breaches of Financial Rules at Human Services Ministry

There are documented reports of breaches of financial regulations at the Ministry of Human Services. These are not allegations made by WATCHPOST, but statements made by insiders.

The former Minister of Public Service Management set a precedent when he referred complaints about the non -recognition of the social work professionals in evaluating need, to the Minister concerned. The then Minister for Human Services defended her prevailing practices and the matter became one for public exposure. There is now a new Minister of Human Services, but there seems to be business as usual at the Ministry. Some observers also think they see unusual business there.

In a Memo dated 01-0-15, to Ms B. Shadick, Hon. Minister within the Ministry of Labour, Human Services & Social Security, from the then Permanent Secretary, R. Khadoo, drew attention to three applications, which he attached, "for assistance through our Poverty Programme."

He wrote, "It has been noted with much concern that you have either altered or totally rejected the recommended amounts." He pointed out that it could be inferred from the Minister’s acts that "you are better informed than the committee as it relates to information specific to these applications." He also suggested that the Minister had "limited confidence in the examining Committee" and that she had "assumed and/or usurped the role of the Accounting Officer."

Mr. R.Khadoo also said that he was not "aware that there is a new system in place which makes the Minister within the Ministry the authorizing signatory for financial matters."

In Case A, after the study of an application by a committee of social workers and revision or approval of the sum recommended by the P.S, the Minister wrote, "Not recommended." In case B, she wrote "No". In case C she reduced a recommended sum to three thousand dollars after the P.S had pruned it down to five thousand.

On October 15th/2001 the Minister wrote a Minute direct to a female accountant accusing her of insubordination. After listing two previous incidents, the Minister wrote,
"At 11.30 this morning I came to your desk with an application for assistance under the Difficult Circumstances Fund, and you refused to write up the voucher so that the applicant could receive assistance. The manner in which you spoke tome and your refusal to do your job, amounts to gross insubordination which can have severely negative consequences affecting your employment."

In response the accountant, Ms Alert, wrote,

"On the 15th October, 2000, in the absence of Ms Ramnarayan, P.A.S. Finance, Mr Boyce (Accounts Clerk) brought a poverty voucher for me to process. Having gone through the voucher, I said to him, "It is not in order." "…The letter from the school has to be attached along with the quotation and the list of items the applicant required to purchase. I attached a note with the above mentioned query and asked Mr. Boyce to give it to Ms Baksh (Officer for Poverty Programme). The reply recorded some of the alleged dialogue between the Minister and Ms Archer, when the Minister later that day went to the accountant’s desk on the same issue. Ms Archer’s reply quoted the Minister as saying, "Anything coming from the Poverty Office is in order and all you have to is to pass it." Ms Archer’s final comment, quoted by herself, was, "You said once the three signatures are affixed, I should pass it without checking. I said to you it is still not in order as the P.A.S. Finance [Principal Assistant Secretary, Finance] did not sign."

At one stage, according to the reply to Ms Archer’s reply, minute, she told the Minister, "The voucher is not in order and I am not passing it."

 

 

WATCHPOST is an occasional bulletin, published for WATCHPOST by Eusi Kwayana, Convenor of WATCHPOST 50 Middle Walk, Buxton, East Coast, Demerara Guyana.

It is distributed by e-mail and is also available on direct application. It is not funded and relies on donations. These may be sent to the convenor by domestic or international means of payment.

It is also mailed within Guyana and maybe mailed to an address in another country if a minimum sum to cover postage is sent with address and request, or is promised. E-mail copies are available to organisations concerned with exposure and reduction of corruption and its twin, absence of accountability.

WATCHPOST- 50 Middle Walk, Buxton, East Coast, Demerara. GUYANA