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By Kiana WilburgA Partnership for National Unity (APNU)’s Shadow Minister of Finance, Carl Greenidge, described theAPNU’s Shadow Minister of Finance, Carl Greenidgeillegal spending of $4.5B of taxpayers’ monies by Finance Minister, Dr. Ashni Singh, as an “unforgivable sin” against the citizenry.This was against the backdrop of Chief Justice (ag), Ian Chang’s ruling that Government’s expenditure of billions unapproved by the National Assembly last year, is in breach of the nation’s Constitution.In an interview with Kaieteur News yesterday, Greenidge said that the first part of the Chief Justice’s 36-page ruling entirely vindicates the opposition’s position, to the effect that the spending of billions of taxpayers’ monies was unlawful.He said that Chang’s ruling in that regard was unambiguous, and any attempt by Attorney General Anil Nandlall to indicate otherwise would be preposterous.The politician said that the Chief Justice (CJ) also found, that by simply laying a Statement of Excess, Dr. Singh could not expect that it would be treated as being tantamount to having the approval of the National Assembly. He said that this is so, because for the Statement of Excess to be given consideration,Paul Hornung Packers Jersey, a resolution has to be drawn up, and the House would then give its vote in approving or disapproving of it.Greenidge said as well, that the CJ pointed that there is no provision for the deliberate spending of in excess of what has been approved.“Therefore Dr. Singh’s decision to spend the money can only be considered as a cynical and deliberate act to disrespect the protocols and rules of the House.”Finance Minister,Dr. Ashni SinghIt was the concern of some political activists that Chang failed to mention in his ruling, any sanction for those who committed the illegal act. But Chang had told Kaieteur News that it is not his business to deliver disciplinary measures against the defaulters.He said that it is the responsibility of the National Assembly. But Dr. Singh will not face any penalty from the House, at least, for matters of the Tenth Parliament cannot be raised in a new Parliament.Greenidge opined that he has no difficulty with the CJ’s position in this regard. He emphasized,Brett Favre Packers Jersey, however, that the penalties for the deliberate misuse of state funds are articulated in the law, specifically in the Fiscal Management and Accountability Act (FMAA).The APNU financial point man insisted that Dr. Singh is liable for the illegally spent money, and to further cement his argument, he referred to Section 49 (1) of the FMAA, which says, “If a loss of public moneys should occur and, at the time of that loss,LaDainian Tomlinson Jets Jersey, a Minister or official has caused or contributed to that loss through misconduct or through deliberate or serious disregard of reasonable standards of care, that Minister or official shall be personally liable to the Government for the amount of the loss.”The Shadow Finance Minister said therefore, once the CJ made it clear that the law was broken,Tom Jackson Broncos Jersey, it is now a simpler matter for Dr. Singh to be prosecuted along with other offenders who acted in accordance with his decision, such as permanent secretaries, among other accounting officials in several agencies.As for the next step forward for APNU on this matter, Greenidge said that this is now left up to the lawyers in the case. He said that they would also have to establish,Reggie White Packers Jersey, in addition to Dr. Singh, the others who were part and parcel of the spending.Additionally, the Chief Justice had said that the only option is for the opposition to take the case up in a criminal proceeding.But asked if and when APNU is likely to take this as its next step in holding the Minister accountable and recovering the expended funds, Greenidge referred Kaieteur News to APNU’s lawyers on the matter.Leader of the Alliance For Change, Khemraj Ramjattan,Phil Simms Giants Jersey, had filed a complaint with the Guyana Police Force against Dr. Singh, over what was deemed at the time, the “alleged illegal spending” of some $4.5B from the National Treasury. That matter, however, died a natural death.Asked if he is worried that once APNU pursues a similar route,Reggie Wayne Colts Jersey, the case may be facing the same fate as the previous one, Greenidge said that the team is prepared to take the case to the Caribbean Court of Justice (CCJ) if required.He insisted that the matter of prosecution is now made easier for investigators given the CJ’s ruling. “And if the police want to remain credible,Derrick Thomas Chiefs Jersey, they should not have any problem proceeding with the case if we take that route,” Greenidge added. He said too that he is not worried, because the Minister’s “disrespectful behaviour” will soon be brought to a halt.Further, the politician answered in the affirmative when asked if he has any regrets about the Tenth Parliament, in relation to holding the Minister accountable. Greenidge opined that had the House Speaker, Raphael Trotman acted promptly to his concerns raised in previous years as regards to the unapproved spending by Dr. Singh, then more than likely, he would not have been able to “get away with the amount of lawlessness he has today.” He expressed disappointment at this occurrence and emphasized that it is one of the failings of the Tenth Parliament.Though Chang had ruled that the government acted unlawfully,Jerry Rice 49ers Jersey, he declined to grant the conservatory order sought by the plaintiff, Opposition Leader David Granger. The order sought to prevent the government from spending more monies which did not receive Parliamentary approval.The acting CJ had said that the order was “misconceived and must be dismissed.”He advised that a conservatory order must now (in 2015) relate strictly to future constitutional or statutory spending excess and not past excesses.The Chief Justice had said that if the order was granted, it would in effect, be an injunction against Government spending permitted by the Constitution and the Financial Management and Accountability Act, rather than a conservatory order against non-approved spending for the past financial year, one he noted as “a classic case of the grant of an injunction as a conservatory order.”Chang said that for those reasons, the application for an interlocutory conservatory order cannot be granted. |
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