Former Minister of Finance under the APNU+AFC Government, Winston Jordan, is suing the State for more than $1.2 Billion over his wrongful prosecution back in 2021 and the breach of his Constitutional rights. 

Through his Attorney, Senior Counsel Roysdale Forde, the former Minister filed two applications in the High Court seeking hundreds of millions of dollars in damages for his wrongful prosecution over the sale of a riverfront property to BK Marine that was done by the Government, and for the breach of his Constitutional rights.

According to the applications filed against the Attorney General, Anil Nandlall; Commander of Regional Division 4C of the Guyana Police Force, Krishnadat Ramana; Assistant Superintendent of Police, Mahendra Singh and Director of Public Prosecution, the former Minister of Finance is claiming a total of $1.2B in damages. 

Jordan is claiming damages to the tune of $300M against the Attorney General for “malicious prosecution” with respect to the charge of misconduct in public office made against him in December 2, 2021. The charge, according to Jordan, was read to him by Mahendra Singh, who at the time was attached to the Special Organised Crime Unit (SOCU). 

He is also seeking another $300M in damages against the Attorney General for his “malicious prosecution” in respect to the criminal charge of misconduct in public office, which he said was “intentionally and wrongfully instituted by Ramana at the Georgetown Magistrates’ Court on December 28, 2021 up until the criminal charge was dismissed on May 16, 2023. 

Jordan is also claiming an additional $300M in damages for “the intentional and wrongful initiation and pursuit” of an application filed by the DPP seeking an Order that a warrant be issued for him. 

Finally, he is seeking damages in the amount of $300M for his “false imprisonment and wrongful detention” by Singh on December 3, 2021. 

The economist and former Minister is also seeking a public apology from the State for his “malicious prosecution and false imprisonment.”

He is also seeking exemplary damages, aggravated damages and vindicatory damages to be assessed by the Court. 

In defending his application, Mr. Jordan explained that after more than two hours of questioning on December 2, 2021 at SOCU’s Office, he was charged for misconduct in public office, arrested, fingerprinted and photographed.

He was subsequently escorted by three SOCU officers to the Sparendaam Police Station where an attempt was made to have him detained despite the deterioration of his health. He had been diagnosed as a diabetic at least 10 years earlier. 

“The Station Sergeant refused to accept the Claimant in the deteriorated health condition, forcing the Police/SOCU officers to take him to the Plaisance Health Centre,” Forde told the Court in the FDA. 

However, the Health Centre was ill-equipped, and Jordan was immediately transferred to the Georgetown Public Hospital. 

“The said attending Nurse requested that an Ambulance be sought to facilitate the Claimant’s urgent transportation to the Georgetown Public Hospital but the Police/SOCU Officers refused to call for an ambulance, thus creating a stand-off between his Attorneys-at-Law and the Police/SOCU Officers. The Claimant was eventually taken to the Special Organised Crime Unit headquarters and released into the custody of his Attorneys-at-Law who promptly took him to the Davis Memorial Hospital,” the Court was told. 

At the Davis Memorial Hospital he was prescribed five days sick leave and medication, and later 15 days of rest. However, he was summoned to appear before the then Chief Magistrate, Ann McLennan. The matter was dismissed on May 16, 2023, but during the course of the criminal case, Jordan was placed on $3M bail. 

It was explained that after the dismissal of the case, the Attorney General applied for an order for a warrant for Jordan’s arrest and committal for trial to the High Court. However, the Acting Chief Justice found that there was no evidence proffered by the State to prove that Jordan sold the property privately or illegally. It was found that the recorded minutes of Cabinet meetings showed that the former Minister was not acting in isolation. 

He said based on the evidence before the court, the respondents in the matter acted maliciously and without reasonable and probable cause when they instituted the various proceedings. 

In his second application against the State, Jordan is seeking a declaration from the High Cort that his Constitutional right to protection from inhumane treatment and or degrading treatment as guaranteed by the Constitution was violated; and a declaration that his Constitutional right to protection of freedom of movement as guaranteed by the Constitution was contravened by his unlawful detention. 

Additionally, he is seeking damages and or compensation for breach of his Constitutional rights. 

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