Former Minister Jordan files lawsuit against DPP for malicious prosecution and wrongful detainment

By Mark DaCosta-Former Minister of Finance Winston Jordan has launched a comprehensive legal battle against the state, seeking damages exceeding $300 million. The lawsuit, filed on May 9, 2024, targets the police and the Director of Public Prosecutions (DPP), whom Jordan accuses of maliciously prosecuting him and wrongfully detaining him.

Jordan’s lawsuit is multifaceted. He demands a declaration from the Supreme Court that his constitutional rights were violated by the police, specifically his rights to protection from inhumane and degrading treatment and to freedom of movement. He also seeks damages for what he terms “false imprisonment and wrongful detention” and demands a public apology from the state for the prosecution he endured.

In his claim for damages, Jordan lists the Attorney General, the DPP, and two police officers who were instrumental in his case. He argues that the criminal charge against him was both baseless and pursued with malicious intent. Jordan maintains that this wrongful prosecution caused severe harm to his personal and professional reputation, and inflicted significant financial and emotional distress on his family.

The former finance minister’s ordeal began on December 2, 2021, when he was arrested and charged by the Special Organised Crime Unit (SOCU). The charge related to his alleged misconduct in public office, specifically the undervalued sale of state property to BK Marine Inc. The property, valued at over $5 billion, was sold for just over $20 million, a transaction Jordan’s critics argued was a severe abuse of public trust. However, on May 16, 2023, the Magistrate’s Court acquitted Jordan, finding that SOCU had failed to prove its case.

Jordan recounts his arrest and subsequent detention as a traumatic experience, exacerbated by his diabetic condition. After being questioned for over two hours, he was transported to the Sparendaam Police Station, where his health deteriorated significantly. The station sergeant refused to accept him in his deteriorated state, prompting a rushed visit to the Plaisance Health Centre. The facility, however, was ill-equipped to handle his condition. Despite a nurse’s request for an ambulance, the police refused to summon paramedics, leading to a standoff between the officers and Jordan’s lawyers. Eventually, he was released into his attorneys’ custody and taken to a private hospital for urgent medical attention.

Jordan’s legal troubles did not end with his release. On December 24, 2021, SOCU officers served him a summons to appear before the Chief Magistrate, leading to numerous court hearings. Throughout this period, Jordan’s health issues persisted, necessitating frequent medical care and resulting in significant medical expenses, legal fees, and transportation costs. His bail was set at $3 million, further straining his finances.

The former finance minister’s legal team, led by Senior Counsel Roysdale Forde, has consistently argued that Jordan was not a public officer at the time of the alleged misconduct, a critical point in his defense. The court upheld this argument, resulting in his acquittal. Nevertheless, Jordan contends that the damage to his reputation and the financial burden on his family have been substantial.

Many in Guyana perceive Jordan’s prosecution as politically motivated, given his role as finance minister under the APNU+AFC Coalition. This perspective is particularly prevalent among analysts who view the case as an attempt by the current People’s Progressive Party (PPP) regime to target opposition figures. The court’s dismissal of the charge against Jordan, based on the failure to establish that he was a public officer, has only fueled these suspicions.

Winston Jordan, born on April 21, 1956, served as Guyana’s Minister of Finance from 2015 to 2020. His tenure was marked by significant economic challenges and efforts to stabilise the country’s finances. Before his ministerial role, Jordan had a long career in public service, including various positions at the Ministry of Finance and the Bank of Guyana. He holds a Master’s degree in Economics from the University of Warwick and has been a significant figure in Guyana’s economic planning and policy-making.

Jordan’s legal battle continues to capture national attention, reflecting broader concerns about political accountability and justice in our country. His next court hearing, concerning his constitutional claim, is scheduled for June 21, 2024, before Chief Justice Roxane George. As the case progresses, it remains a focal point for discussions on the integrity of our legal and political systems.