This Week-in-Review June 18th to June 24th

Crime

Dharamlall file now with DPP: With the case file on an allegation of rape of a 16-year-old girl against the Minister of Local Government, Nigel Dharamlall now with the Director of Public Prosecutions (DPP) for legal advice, opposition parties last week up the pressure for answers and accountability from both the embattled minister and the administration. Meanwhile, Vice President Bharrat Jagdeo yesterday reiterated that government has an uncompromising stand against misconduct by officials. “The president from the inception has said in our midst, this goes for both party and government, we don’t tolerate the abuse of children and adults. If the allegations prove true, if the minister is found guilty then he has to face the consequences,” he said. During the press conference yesterday at Office of the President, he stated that the government has decided to stay silent  on the matter in order to prevent the opposition from spinning what is said. Jagdeo nonetheless stated that he will speak on Dharamlall’s matter at a later date. “I can answer this issue when we are done with this matter. I am not going answer that issue now… I don’t want to say anything on any issue with Nigel Dharamlall at this point in time that maybe seen as the opposition and social media people have said, as ‘subverting the course of justice’” Jagdeo said. Dharamlall, the party’s general secretary said, has not attended party meetings that have been held since the investigation has been underway. Critics have said that Dharamlall exhibited a pattern of misbehaviour over  a number of years and this was tolerated by the PPP/C government, leading to the present predicament. Meanwhile, the opposition and sections of civil society continue to demand Dharamlall’s removal from office. The Guyana Police Force yesterday morning said that the investigation which was launched on Monday, has been completed and the file sent for legal advice. Even if the DPP advises against charges for Dharamlall, Jagdeo on the sidelines of the press conference yesterday, said that his return to office will be at the discretion of President Irfaan Ali and cabinet.

Oil & Gas

Exxon’s subsidiary registered $577b profit in 2022: ExxonMobil’s subsidiary, EEPGL registered a massive profit of $577.7b for 2022, a mind-boggling 437% increase from the previous year. Last week ExxonMobil’s local office released the Esso Exploration and Production Guyana Limited (EEPGL) annual report which showed that its profit – which the report describes as comprehensive income – was $577b compared to $132b. The stratospheric increase in profit would be due to the combination of the full-year production from two platforms in addition to higher oil process. While EEPGL’s profit was $577b, Guyana received around $240b in profit oil and royalties for 2022, the report said. EEGPL revenue for 2022 went up to $876b from $254b in 2021, a 245% jump.

Interestingly exploration costs plunged from $26.2b in 2021 to $8.7b in 2022. On the other hand, production costs rose from $26.2b in 2021 to $39.7b last year. Administrative expenses rose marginally from $17.7b to $18.7b while lease interest zoomed from $6.6b to $21.9b. Also listed in its expenditure was royalty to Guyana. This figure escalated from $5.8b in 2021 to $18.8b. Royalty is meant to come out of EEPGL’s profit and not be claimed as cost oil. Included in the Statement of Profit or Loss and other Comprehensive Income is an entry for income tax expense of $59b. This is what Guyana would have earned in addition to its take if it hadn’t subscribed to an agreement where it agreed to pay taxes on behalf of EEPGL. EEPGL’s annual report said that it delivered over 100 million barrels of production from the Liza Destiny and Liza Unity Floating Production Storage and Offloading vessels (FPSO’s), generating gross revenues for the block of US$9.8 billion.  This, it said,  enabled recovery of US$7.4 billion of costs, profit share of US$0.5 billion to EEPGL, and payments totaling approximately US$1.4 billion to the Natural Resource Fund through the 50 percent profit share and two percent royalty paid to the Government. The company also updated what was happening with its other oil extraction projects. Benefitting from the ‘design one, build multiple’ approach, EEPGL said that its third project,  Payara  made excellent progress in the year.  The prosperity FPSO arrived in Guyana’s waters in April and is due to begin oil production shortly.

Maritime

India manufactured Region One ferry not operational as stellings still being retrofitted: The MV Ma Lisha ferry is yet to make its maiden commercial voyage between the North West District, Region One and Georgetown, and according to Minister of Public Works Juan Edghill, the Transport and Harbours Department (T&HD) is working diligently to have the India manufactured vessel operational. Edghill told this newspaper last week that the stellings at Port Kaituma and Mabaruma are being retrofitted to accommodate the vessel. He did not give a timeline for when the rehabilitative work would be completed. Head of the T&HD Marcelene Merchant, in response to questions from this newspaper, indicated that the vessel would go into operation as soon as rehabilitation work was completed at Mabaruma. She also noted that work was scheduled to be completed on the Port Kaituma and Kingston wharves.

The Ma Lisha arrived in Guyana in late April and was commissioned by President Irfaan Ali and India’s Minister of External Affairs Dr S Jaishankar. At the commissioning, President Ali had said that the vessel would play an integral role in allowing Region One (Barima-Waini) to be an important link for trade by connecting Guyana with Trinidad and Tobago. It was projected that the vessel would open a pathway to increase food production and economic opportunities. But two months later with the vessel still not operating, questions are being raised. Critics have said that given the pomp and fanfare which heralded the arrival of the vessel, all systems should have been in place to accommodate its immediate functioning.  Edghill explained that the delay was due to the stellings not being in a state to accommodate the vessel. The Public Works Minister had also explained that while the rehabilitation of the existing stellings is taking place, new stellings to easily accommodate the vessel were being addressed. However, given the length of time the vessel was under construction, critics and observers have pointed out, there was ample time for necessary arrangements and accommodations to be in place since the specifications of the vessel were known ahead of its arrival. This new ferry has the capacity to accommodate up to 276 passengers, 18 crew members, 14 sedan-type vehicles and two trucks.

In the courts

Judge dismisses opposition challenge to NRF Bill: Declaring that “the presence, absence or use of the Mace in the National Assembly is not provided for in the Constitution or the Laws of Guyana,” High Court Judge Navindra Singh has dismissed the entire case brought by the opposition, in its challenge to the December 2021 passage of the Natural Resource Fund (NRF) Bill. He said its significance was clearly only “symbolic,” even as he underscored that it was just a “length of metal” incapable of grounding any legitimacy of acts done by elected representatives of the country. In a strong reprimand directed clearly to the Opposition side of the House, the judge said “it is preposterous to contend that the legislative power of the nation can be halted by the abhorrent and deplorable actions of a few miscreants.” The Opposition’s main contention had been that because the ceremonial Mace was not in place at the time the vote was taken, the Bill could not be regarded as having been validly passed. During a chaotic session that saw upheaval in the parliamentary chamber on December 29th, 2021, opposition APNU+AFC MPs, in a failed bid to derail the passage of the Bill, attempted to seize the ceremonial Mace—the symbol of authority in the House. In the midst of the mayhem, a replica Mace was brought in, but the Opposition was adamant that in the absence of the authentic Mace, the Bill could not have been lawfully passed. They argued too, that members were required to be seated during the voting process. In his ruling rendered yesterday morning throwing out the case, Justice Singh said it was clear from the evidence that “the Mace is nothing more than a relic, intended only to be [of] symbolic existence in the National Assembly.” And legally, the judge said that neither the Constitution nor the Laws of Guyana provides for the presence, absence or use of the Mace in the National Assembly. “It is illogical to believe that the presence or absence of a length of metal can determine the legitimacy of acts done by persons elected by the citizens of the country pursuant to their elected duties,” Justice Singh said.

‘Big John’ remanded over 2022 Sophia murder: After being on the run for close to two years, 40-year-old John Kennedy called ‘Big John’ was last Monday slapped with the charge of murder and remanded to prison. Kennedy, of ‘B’ Field Sophia, appeared before Magistrate Rochelle Liverpool at the Sparendaam Magistrate’s Court where he was not required to enter a plea to the indictable charge. According to the court charge sheet, it is alleged that Kennedy on  August 2nd 2022, in ‘B’ Field Sophia, murdered Jaleel Leow. Reports are that on the day in question, Loew was in the company of two persons, Brandon Smith and a Sophia businesswoman in the ‘B’ Field Area, when they were approached by several men on bicycles armed with cutlasses who asked if they wanted problems. The businesswoman answered and said no but Leow responded that if they wanted a problem, they could have it. It was then, according to a witness, one of the suspects whipped out a gun firing several shots in the direction of Leow, two of which struck him in his back. Not satisfied with the two discharged rounds, the gunman then stood over Leow shooting him two more times in the chest. Leow managed to get up  but collapsed in the back of the businesswoman’s yard where he died. Smith was also injured in the attack. Kennedy was named as the main suspect but had been on the run. Last week, Kennedy was arrested with a firearm which reportedly matched the weapon used in the attack that killed Loew. But while Kennedy was on the run, his name popped up in various incidents that seemed related to Loew’s murder and another. The Guyana Police Force earlier this year had probed two separate shooting incidents in Sophia which left two persons hospitalized with gunshot wounds and which may be connected to the two murders.

Crime

Deportee from France held for 2007 murder of miner: Michael Corrica, a man wanted by police since 2007 for the murder of gold miner, Oswald Joris, was on June 23rd deported from France. According to police, the wanted man departed Guyana illegally sometime in 2007 through Port Moleson Creek and made his way to Suriname thence to French Guiana. Corrica stayed and worked there illegally for some years. He eventually departed for France where he was employed as a mason/labourer with a French construction company. While in the company of others, he was apprehended by French Police and a search was conducted on his person where he was found with a stolen cellular phone. He was arrested, taken into custody and later charged for the offence. Corrica appeared in court, pleaded guilty and was sentenced to nine years imprisonment. On June 21, 2023 he was released and placed in immigration custody and deported to Guyana where, upon arrival, he was detained. He is expected to appear in court shortly to answer to the murder charge. In 2007, Joris was chopped to death during a row over a woman in the Papa Road, Arimu Backdam, Cuyuni River. A police investigation had revealed that Joris was a shop owner in the area. It was alleged that earlier in the day he had an argument with the suspect over a woman. Sometime later, Joris was in the company of the woman drinking rum when the suspect confronted him and chopped him with a cutlass about his body, then fled. Joris died before he could receive medical attention.

Laing Avenue youth killed in altercation: The Guyana Police Force is currently probing the killing of a 19-year-old construction worker of Laing Avenue, West Ruimveldt, Georgetown and the burning of a house allegedly in retaliation for his death.  The dead youth has been identified as Dequan Pyle, a construction worker. Enquiries revealed that at about 6:30 on June 17th , Pyle woke up and saw his sisters engaged in a fight with some other females from the neighbourhood and upon observing this, attempted to separate them. It is alleged that the male partners of the other females also intervened and one of the males who was armed with a length of wood, dealt Pyle a blow to the back of his head causing him to fall to the ground where he remained motionless. The attacker then dropped the length of wood and he and others proceeded to pelt bottles and bricks at Pyle’s relatives before escaping. Pyle was rushed to the hospital where he was pronounced dead on arrival. A nearby house was subsequently torched. It was said to belong to the suspect in the killing. The 30-year-old suspect who is on the run, is being sought by the police.

In the courts

‘Smallie’ escape accused granted $750,000 bail each: Those persons including Guyana Prison Service (GPS) officers who are accused of aiding and abetting the escape of now-deceased notorious convict, Mark Royden Williams called ‘Smallie’ have been granted bail in the sum of $750,000. The defendants, Rajmohan Autor called ‘Chico’, 48, a businessman of Parika, East Bank Essequibo; Frangeliz Jugandry Flores Perez, 28, a Venezuelan national of Kitty, Georgetown; Omar Witherspoon, 26 of Stan-leytown, New Amsterdam, Berbice; Conroy Hosan-nah, 35, of East Canje, Berbice; Oldfield Romulus, 50, of Victoria Cumberland Village, East Canje, Berbice; and Alexander Hopkinson, 59, of Bartica Housing Scheme appeared before Magistrate Crystal Lambert yesterday, at the Bartica Magistrate’s Court to answer to their alleged involvement in a conspiracy to aid the escape of death row inmate and convicted mass murderer, Williams. Hopkinson who is the Superintendent of Prisons at the Mazaruni Prison, and Romulus, the second-in-command, were represented by attorney-at-law, Bernard DaSilva. Bail was granted in the sum of $750,000 for each of the defendants and they are expected to make their next court appearance on July 18, 2023. In a daring daylight operation, Williams, assisted by men with high-powered weapons in a speedboat, escaped from the Mazaruni Prison on May 19. The convicted mass murderer escaped while being escorted back from a visit. The escort party was fired upon by men with AK-47 automatic rifles inside a boat in the Mazaruni River. The boat and its occupants, including Williams, proceeded upstream past Itaballi landing, while prison guards with police in support, undertook pursuit. Days later, the aforementioned accused were charged with conspiracy to commit a felony. They all denied the allegation.

Court orders GRDB to pay two companies over rice supplied to Panama: Together with interest, the Guyana Rice Development Board (GRDB) has been ordered to pay Vilvoorden Investment Inc., for the US$77,000 worth of rice it had supplied for exportation to Panama for which it was never paid. Costs in the sum of one million dollars was also imposed against the rice board, in favour of the rice milling company. In a separate case brought by Nazeemul Hakh—trading as Golden Fleece Rice Investment—the GRDB has also been ordered to pay that rice milling company US$308,620; along with interest also, for supplying rice it has never been paid for. It also has to pay a million dollars in court costs to Hakh. In a ruling handed down on Wednesday, High Court Judge Gino Persaud, found that contrary to the contentions held by the GRDB, it had a duty to pay under the contract it had with both rice milling companies. The Nazeemul Hakh case was decided on the identical principles as those in the Vilvoorden case. The claim brought by the Essequibo rice milling company, Vilvoorden Invest-ment Inc., (the Applicant), was for a liquidated sum for the supply of a quantity of rice which was delivered to the GRDB for export to Panama. The imbroglio between the parties has been an ongoing one for years— where the Applicant has not been paid—because GRDB (the Respondent) has not been paid. The position of the rice development board has been that it could not pay or is not bound to pay Vilvoorden, unless it has itself been paid. Following the GRDB’s exportation of the rice to Panama, it had never received any payment. Consequently, the GRDB had not paid its supplier—the Applicant—which has given rise to the court action. 

Driver found guilty of raping girl, 13: Driver, Mark Samuels, is now awaiting sentencing after being found guilty of raping a 13-year-old girl in January of 2021. Last week, a jury returned a majority verdict in the proportion of 10 to 2; finding Samuels guilty as charged of sexually penetrating the teen. Particulars of the offence stated that on January 27th, 2021, Samuels sexually penetrated the young girl. Following the announcement of the verdict, trial judge Navindra Singh remanded Samuels to prison and has deferred sentencing to July 13th to first hear from a probation and other social impact reports.  The trial proceedings were held in-camera at the Sexual Offences Court of the High Court in Demerara. The case was prosecuted by state counsel Tiffini Lyken. Samuels, a former driver of the Ministry of Health, had been charged back in August of 2021, with breaking into the health ministry’s vaccination centre and stealing COVID-19 vaccination cards. He was, however, freed after the prosecution failed to present its case against him, even after repeated adjournments. The presiding Magistrate dismissed the case for want of prosecution.