Winston Jordan to be charged over BK deal

Winston Jordan in white shirt-jac leaving SOCU yesterday. (Orlando Charles photo)
Winston Jordan in white shirt-jac leaving SOCU yesterday. (Orlando Charles photo)

Former APNU+AFC Minister of Finance, Winston Jordan was yesterday hospitalised after being arrested and told by the Special Organised Crime Unit (SOCU) that he would be charged with misconduct in public office.

Jordan, who was invited for questioning at SOCU headquarters on Camp Road, complained of feeling ill on the way to the Sparendaam Police Station. This resulted in him seeking emergency medical attention at the Plaisance Health Centre where it was disclosed his blood sugar and pressure were above normal.

He was questioned on matters surrounding his signature on the vesting order for the sale of state lands at Mudflat, Kingston, Georgetown, to prominent contractor Brian Tiwarie of BK Group of Companies. Tiwarie during the course of the day was also invited for questioning at SOCU. He appeared with his lawyer Nigel Hughes but no questions were put to him, spokesman Adam Harris told this newspaper.

Winston Jordan

SOCU in a press statement last night said Jordan, in the company of two attorneys-at-law, Roysdale Forde and Darren Wade, visited SOCU’s office at Camp Road where Jordan was interviewed.

During the interview stage, Jordan was informed that he will be facing criminal charges and would be transferred to the Sparendaam Police Station.

According to the statement, at about 1pm, as Jordan was being escorted to the Sparendaam Police Station for further questioning, he informed investigators of feeling unwell and was rushed to the Plasiance Health Centre where he was attended to by health workers.

The health care providers stated that Jordan was displaying symptoms of cerebrovascular complications. After his preliminary medical assessment, he was administered medication and recommended for further medical attention at the Georgetown Public Hospital.

However, his attorneys requested that he access medical attention from a private hospital where he is currently admitted and under medical supervision.

Forde yesterday told Stabroek News that after requesting that his client be transferred to a private hospital, investigators took Jordan back to SOCU’s head office. He was subsequently released on his own recognisance and into the care of his attorney and instructed to return tomorrow.

SOCU yesterday informed that they had invited Jordan for questioning in relation to a series of alleged fraudulent transactions in which he is implicated, involving public funds and state properties, estimated to be worth billions of Guyana dollars.

The statement explained that this is the first of several investigations of Jordan.

“The first transaction that he was interviewed about, relates to the sale and vesting of the state’s largest wharf facilities located at Kingston, Georgetown, valued approximately GUY $8 billion (US$40,000,000) which was sold for a mere GUY $110 million (US $500,000.) The purchaser BK Marines Limited, paid only 10% of this purchase price, that is GUY $20 million (US$100,000) and Minister Jordan issued a vesting order passing Title to the purchaser, without the payment of any further sum of monies,” SOCU said.

The statement pointed out that the vesting order stated that the property is being sold free from encumbrance and liabilities and no further sum of money is owed by the purchaser.

A transport was subsequently issued for this property and strangely, the value stated on it was $400,000,000 (US$2,000,000.) Further, the agreement of sale states that Title must only pass upon full payment of purchase price.

“Investigators have evidence to establish that a facility that is a mere fraction of the size of the state property under investigation, located some seven miles upriver was sold by a private company for US$17 million,” SOCU said before explaining that investigations are continuing.

Both attorneys for Jordan, said the move to charge him is politically motivated.

“It is totally disturbing what the PPP are trying to do… this is simply another oppressive act. They will be able to exercise state and executive authority but we will continuously confront them,” Forde yesterday told this newspaper outside of SOCU.

Wade, on the other hand, argued that this is just another ploy to “embarrass another black man.”

“The arrest of former Minister of Finance, Winston Jordan, is not evidence based, but is rooted in depravity. The PPP is bent on harassing and tormenting the lives of coalition members and supporters,” Leader of the Opposition, Joseph Harmon declared.

In a statement issued condemning the arrest, Harmon said it is a clear case of abuse of power by the state in an attempt to silence those who seek to expose them.

It is his view that Jordan’s continuous comments on government’s “mismanagement and misuse of the treasury” since taking office would have triggered the charges against him.

His recent remarks that the PPP has already borrowed more money than what we have received thus far from oil has clearly upset the PPP… I can assure you that we will not allow this to go unanswered. The PPP must know that this will not be accepted,” he stressed.

The People’s Nation Congress Reform (PNCR), in a separate statement said it “vehemently condemns” the arrest “on what can only be described as trumped-up charges aimed at intimidating the former Minister, his family and the Guyanese population at large.”

The party said they stand by Jordan, who served as a “distinguished” Minister of Finance during the Coalition’s administration “providing countless realistic increases to public servants and impeccable stewardship of the nations’ wealth and finances.”

They, too, share Harmon’s view that the charges stemmed from his criticisms and “facts surrounding the nation’s finances and its oil revenues.”

In April last year, Stabroek News reported that less than a week before the March 2nd elections, Jordan granted permission for a number of state assets to be sold, including the 2.5 acres of prime land at Mud Lot, Cummingsburg, Georgetown, to BK International, despite government having caretaker status at the time.

In response, The National Industrial and Commercial Investments Limited (NICIL) said that it became the owner of Mud Lots 1 and 2, Cummingsburg, Georgetown via Transport No. 530 of 1947; Lot ‘F’, a portion of Mud Lot 3; and Lots ‘A’, ‘B’ and ‘D’ portions of North Cummingsburg, Georgetown through Vesting Order No. 43 of 2003 and 42 of 2003.

“On December 4, 2006, a lease agreement was entered into between NICIL and BK Inc for a period of 20 years with an option to purchase anytime during the lease period. The purchase price was set at one hundred and ten million Guyana dollars. The option to purchase was contingent on the Lessee obtaining approval from the Mayor and City Council for its intended construction works. This Agreement was signed by former Head of NICIL, Winston Brassington and BK Inc. and witnessed by Marcia Nadir Sharma,” NICIL explained in a press release.

“On November 19, 2009, BK Inc. exercised its option to purchase and ceased paying rent. NICIL rejected the offer to purchase. In June 2013, NICIL began legal proceedings against BK Inc. to recover the outstanding rent and the accrued interest. This matter engaged the attention of the Court from 2013 to 2017.  Sometime during 2017, BK Inc. submitted an amended offer. In August 2017, the matter was set down by the court pending settlement. In October 2017, NICIL made a counter offer to BK Inc. that included the original purchase price, all outstanding rent, and 50% of the accrued interest. BK Inc. accepted the counter offer,” it added.

According to the release, in November 2017, NICIL submitted to Cabinet, a request for approval for transfer by sale but the agency was subsequently informed that an objection was raised by the Ministry of Public Infrastructure, on behalf of Transport and Harbours Department and therefore Cabinet’s approval was deferred.

The release did not address what happened with that objection but stated that “in October 2019, NICIL received approval, following which the Vesting Order was prepared, signed and gazetted.”

Former Privatisation Board member Lincoln Lewis, had told Stabroek News, “What the coalition government has done is complete what the PPP government started – but for whatever reason failed to do, in moving to give legal transfer to the owner.” Lewis explained that he had at the time served on the Privatization Board when the property was put up for tender, following a fire at the then old rice mill.

The Water Street, Georgetown property sold to BK International days before the election, had been won through a bid by the company over a decade ago but was subsequently tied up in a court battle and resolved since 2017, NICIL had said then.

BK International’s headquarters are housed on the land and works were forging ahead to build what seemed like a wharf last year.