Chief Co-op Officer appeals Chief Justice’s ruling on Benn’s status in Credit Union

The CCDO is being represented by the Attorney General’s Chambers and the GPSCCU by attorney-at-law Teni Housty.

In May 2021, less than a month after Benn was elected Chair of the Committee of Management (CoM) of the GPSCCU, the CCDO wrote to him asking that he show cause why she should not direct the CoM to remove him as Chair. Benn was removed as Chair in April 2022 at a CoM meeting without knowledge or opportunity given to him for a hearing to defend himself.  He became aware of his removal after the fact.

On July 19 acting CJ granted the order of certiorari, quashing the decision of the CCDO to direct the Credit Union to dismiss Mr. Trevor Benn as its Chairman.  The CJ also granted an order of prohibition, prohibiting the CCDO from proceeding to require the Credit Union to dismiss Mr. Benn as its Chairman.

The court reasoned that the CCDO came to her decision in breach of the rule of natural justice and without conducting a full and proper investigation of the circumstances. The court also noted that reference to criminal charges Benn is currently facing tends to suggest that the CCDO concluded that the Chairman was a criminal and found the CCDO did not adhere to the principle of presumption of innocence.

Benn is in court on misconduct charges brought by the People’s Progressive Party/Civic (PPP/C) government shortly after returning to government. Then Leader of the Opposition and Leader of the PPP/C, Mr. Bharrat Jagdeo, had repeatedly threatened that when the PPP/C gets back into government a number of persons will be jailed. Benn, who served as Commissioner of Lands and Survey during the APNU+AFC government, was among those Mr. Jagdeo named.

The CCDO in an Appeal filed last week said the CJ erred and is misconceived in law by misconstruing the intent of the Co-operatives Societies Act (as amended by Amendment No. 2 of  2015 to the Anti-Money Laundering and Countering the Financing of Terrorism Act, Chapter 10:11) and regulation relating to the statutory duty of the CCDO relating to the Officer of the Credit Union charged with a criminal offence.

The appellant is also contending the CJ erred in law in arriving at the decision that Persaud’s undertaking in dismissing Benn was in breach of fundamental justice “when every opportunity of fairness was provided to the Officer of the Respondent,” among other disagreements with the Judgement.

Persaud is therefore asking the Appeal Court “to set aside, reversed and/or varied” the Judgment and the Respondent (GPSCCU) be ordered to pay costs to the Courts

There are growing concerns among members of the credit unions, trade unionists and others in society the PPP/C government is moving in to take control of the workers’ credit unions which is dominated by the small man, primarily African Guyanese. Persons see this as the government wanting to take away members’ independence to manage their savings and other assets without political interference.