In response to a lawsuit in which the government is seeking to repossess the BK Marine Inc. Wharf in Kingston, Georgetown, Roysdale Forde, SC, has submitted that Attorney General Anil Nandlall, SC, is using the court system to engage in a baseless, vile and unmeritorious, political witch-hunt against former Finance Minister Winston Jordan. The government is contending that the property was sold for just over $200 million when it is worth $5 billion
Apart from BK Marine Inc., and Jordan, former Chief Executive Officer of the National Industrial and Commercial Investment Limited (NICIL), Colvin Heath-London are also listed as respondents in the lawsuit. The agreement of sale for the property at Mudlots 1 and 2, Lot F of Mudlot 3 and Lots A, B and D, North Cummingsburg, Georgetown was executed between BK Marine Inc. and NICIL.
Nandlall, acting on behalf of the Government wants the High Court to award damages in excess of $100 million each against Jordan, Heath-London, NICIL and the Registrar of Deeds for loss and damage suffered as a result of negligence, conspiracy, and/or breach of the duty of care owed to the State of Guyana; for loss and damages suffered as a result of conspiracy and/or breach of the duty of care owed to Guyana.
Jordan is further being sued for more than $100 million for loss and damage suffered as a result of an alleged breach of his fiduciary duty owed to Guyana and alleged misfeasance in public office. Moreover, the former Finance Minister, former NICIL CEO, and the Deeds Registrar are all being sued for damages of more than $100 million for loss and damage suffered as a result of fraud allegedly committed by them.
In a Statement of Claim, the Attorney General argues that BK Marine Inc., is ineligible to buy the wharf because the company failed to build a hotel, restaurants, and wharfage facilities, but rather constructed a ReadyMix concrete plant allegedly without approval from NICIL. He is therefore asking the court to order the Registrar of Deeds to scrap the lease for the sale of the property.
Forde, in response to the lawsuit, contends that Nandlall is using the court system to engage in a baseless, vile and unmeritorious, political witch-hunt against the former Finance Minister and this is evident by his failure to institute legal proceedings in respect of persons or companies who acquired large plots of valuable land at highly undervalued prices and or against whom were the subject of investigations by the State Assets Recovery Agency which was disbanded by the PPP/C Government.
According to the Senior Counsel, the former Finance Minister did not act in breach of any fiduciary duty or purported fiduciary duty, nor did he act in collusion, in conspiracy with the other respondents when he signed the Vesting Order in respect of the property.
Taking this into consideration, Forde submits, that the institution of the lawsuit is indicative of political harassment and persecution of the political rivals of the Attorney General and is an abuse of process, frivolous and vexatious, scandalous, fails to disclose a cause of action, is fully misconceived and ought to be dismissed with costs.
“The institution of this action by the claimant is an abuse of his office as Attorney General, vindictive and wholly politically inspired,” Forde contends.