President David Granger has intervened to prevent the jailing of Finance Minister Winston Jordan over the government’s failure to pay the more than US$2 million awarded by a court to Trinidad construction company Dipcon for road construction works.
Jordan had been given up until today Justice Priya Sewnarine-Beharry to effect the payment, failing which he would be liable to 21-day jail sentence.
Following his failure to secure a stay of the judge’s order, President Granger has invoked his power under Article 188(1)(b) of the Constitution to grant Jordan, both in his personal capacity and in his capacity as minister, “respite of the execution of the punishment until all appeals and remedies available to him and the State have been exhausted.”
The decision was published today in the Official Gazette and signed by State Minister Dawn Hastings-Williams.
Article 188(1) empowers the president to grant to any person concerned in or convicted of any offence under the law of Guyana, a pardon, either free or subject to lawful conditions.”
Article 188 (1)(b) adds that the president may “grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence.”
Justice Sewnarine-Beharry noted that in her ruling she had considered the 2015 judgment of Justice Rishi Persaud, who after a trial awarded US$2,228,400 to Dipcon, and an order of mandamus subsequently issued by the Chief Justice that the sum be paid.
The judge said she observed that no stay had been granted on the previous court orders and she also reminded that an appeal does not operate the same as a stay.
She said it had even been submitted by counsel for Jordan, the respondent, that Parliament had approved finances so that the judgment could be honoured.
The judge noted that not only had Jordan failed to attend all the hearings set before her but that she found that he had both the actus reaus and mens rea for contempt of the court orders, which can be proven beyond reasonable doubt.
In all the circumstances, Justice Sewnarine-Beharry ordered that Jordan pays over to Dipcon the US$2,228,400 owed on or before July 8th, failing which he is to be imprisoned for 21 days.
In addition, the judge imposed court costs to the construction company in the sum of $3 million, which has to be borne by Jordan.
Further to that, Justice Sewnarine-Beharry denied Attorney General (AG) Basil Williams a stay he had been seeking to her ruling. Williams subsequently moved to the Full Court for a stay but Justices Diana Insanally and Simone Morris-Ramlall last Friday denied the application for a stay, while stating that they were of the view that his application had no merit. Jordan’s lawyers have since moved to the Appeal Court for a stay.
