Dear Editor,
The front page of the Stabroek News, October 27, 2023 screamed with the shocking news. “Gossai loses 15 days’ pay, gets warning over US$214.4m audit scandal.” According to Stabroek News, the head of the government’s Petroleum Unit, Gopnauth ‘Bobby’ Gossai will lose 15 days’ pay and receive a warning over unauthorized discussions with ExxonMobil that resulted in a disputed expenses figure being slashed from US$214.4m to US$3m. The Stabroek News article stated that this information was disclosed by the Ministry of Natural Resources in response to questions from Stabroek News. The news outlet posited that the Ministry explained that it was in keeping with the public service rules and that the maximum fine available is 15 days’ pay.
Not surprisingly, that appears to be the end of this calamity. The Ministry established a thick wall of silence since then. Unauthorised discussions between Gossai and ExxonMobil resulted in US 214.4m reduced to US3m. What a tragedy for the country and its tax payers. Editor, please permit me to put some context into this matter as there are more questions than answers and the more I find out the less I know. On the face of the matter, it appears as though Gossai is not a public officer but a contract employee. Contract workers in the normal performance of their duties are required to act in accordance with the instructions and directions given to them by the subject Minister, Head of Department and Permanent Secretary.
Although Gossai is not a public servant, he, like other contractors, are required to confirm to Public Service Commission Rules, Regulations, Circulars, Department rules and such other conditions of service applicable to the Public Service as may be in force from time to time. However, the Public Service Commission cannot exercise disciplinary actions over them. There are numerous questions: Was Gossai a lone wolf? Was he instructed by his handlers to engage in discussions with the US oil giant, ExxonMobil and when things got exposed, they threw him under the bus? Who took disciplinary action against Goosai. Was it the Minister? Was it the Permanent Secretary? Was it a political decision? Was a criminal investigation or a disciplinary inquiry conducted and by whom? Why was he fined 15 days’ pay, which according to the missive was in keeping with the Public Service Commission Rules that the maximum fine is 15 days’ pay. If Gossai was not a public servant, why apply the Public Service Commission rules when sanctioning him?
I checked the Public Service Commission Rules for the maximum fine that can be imposed on a defaulter but did not find any. Perhaps, it is buried in a circular. Here is what rule 79 (1) states as it relates to penalties, “The following are penalties that may be imposed by the Commission by disciplinary proceedings brought against an officer in respect of misconduct, indiscipline or unsatisfactory service – (a) dismissal (b) reduction in rank, which is the removal to another grade with an immediate reduction in salary: (c) reduction in renumeration, which is an immediate adjustment of renumeration to a lower point of the scale or renumeration attached to the particular office: (d) reprimand or warning.” Rule 84 (1) states, “On consideration of the report of findings of fact by a disciplinary tribunal under rule 75 (1) the Commission if so satisfied, may – (a) exonerate the officer (b) dismiss the officer, or (c) impose any of the penalties specified in rule 79 (1).” This case is shrouded in secrecy. Transparency and accountability are sadly lacking. It is a mockery of the rule of law, justice and fair play. It is a travesty of justice. May God help Guyana.
Sincerely,
Clinton Conway
Assistant Commissioner of Police (Ret’d)
