RECONCILING A PRESIDENTIAL APPOINTMENT AND A VISA FRAUD CONVICTED DEPORTEE

It remains a mystery how a man of possible dubious repute was appointed to a legal position by no less than President Irfaan Ali.

The role of a Justice of the Peace and Commissioner of Oaths, is in essence a fiduciary one. It involves a legal and ethical relationship of trust. Thus, it stands to reason that anyone appointed to such a position, ought to be above reproach.

Last week, the Guyana Chronicle Newspaper, published a story captioned "Meten-Meer-Zorg Imam appointed JP, Commissioner of Oaths." "In a brief but meaningful ceremony held at the Georgetown Magistrate's Court, Imam Halim Khan, the spiritual leader of the Meten-Meer-Zorg (East) Masjid was sworn in." However, The Chronicle's online page with the story has since been removed from its website. Interestingly, Khan's Internet presence has also been sanitised. While one can search and find details on Thomas P. Carroll, the US Foreign Service Officer who was convicted of selling visas, and Khan's alleged business associate,  there's scarcely information on Khan to be found.

The summary jurisdiction (Magistrates') Act, Chapter 3:05, Part II Section 14-20 governs the appointment of a Justice of the Peace. With respect to the appointment of a Commissioner of Oaths, the Evidence Act Chapter 5:03 of the Laws Of Guyana states the guidelines. To become a commissioner of oaths, one has to apply to the supreme court by way of petition. The petition must be accompanied by an affidavit of support and verified by references from persons of standing in the community.

Both appointments fall directly under the purview of the country's president. According to the Magistrates Act 14 (1)  "The president may by under his hand and public seal, appoint any fit and proper person to be a justice of the peace for Guyana or any position thereof." Perhaps, President Ali thinks the definition of "fit and proper" for such appointments is subjective. If so,  could the president afford us his definition of fit and proper, for clarification. Also of note, is that JPs may mediate disputes or assist magistrates.

In addition, the Evidence Act, allows for the president to issue any justice of the peace or other fit (again this pesky word) person a commission empowering him to be a commissioner to administer oaths to affidavits and to receive declarations or affirmations in lieu of oaths under the Statutory Declarations Act, and to certify same.

The process to become a JP,  Commissioner of Oaths is not overly complicated. The GCS  government website has a five-page application form which, every applicant has to complete. The standard demographic information, such as qualifications, reasons for applying are all required. Then we come to the character and reference sections. In the former section, the applicant is required to disclose a conviction or caution for a criminal offence. Here is where we are sure to hear, Khan was not convicted in Guyana. To this I will respond, it is an open ended question. It does not state specifically convicted in Guyana. Ergo, it may be interpreted to mean any convictions whatsoever. Anywhere else in the world, Khan's application would be a matter of public record. However, since it is Guyana, the likelihood of accessing his completed application to see his answer to the conviction question, is unlikely.

Bearing in mind, that not only was Khan   convicted of fraud charges, but was also jailed, it beggars belief that he is eligible to hold a public post involving ethical and legal relationships of trust. Arguably, just as a lawyer disbarred overseas, cannot sit on the bench in Guyana, so too should someone convicted of a serious crime overseas, be automatically rendered ineligible to be appointed as a JP, Commissioner of Oaths. As to Khan now being being an Imam, that is a religious issue for the Muslim community to deal with.

To give some context, from1998-2000, Thomas P. Carroll was a Foreign Service Officer stationed at the US Embassy in Guyana. Carroll's selling of non-immigrant visas to Guyanese is well-documented in the true crime novel by Daniel Casavis, The Thomas Carroll Affair (2012). With the aid of a network including former police officers, a gold miner, a hardware store owner and visa brokers, Carroll amassed a sizeable fortune of over one million US dollars that included gold bars.

One such visa broker mentioned is Halim (Haleem) Khan. Patrick Mentore, a former policeman and then a US Embassy employee,  was getting his clients from Khan, "the biggest alien smuggler in Guyana." (Casavis p.134). Mentore brokered a meeting between Khan and Carroll. Khan lived in a mansion on the Atlantic Coast and stayed on the west side of the river. "He had a collection of cars and US one million dollars cash in his well-guarded mansion." At that meeting, it is alleged that Khan told Carroll he was the boss and wanted work directly with him. Khan reportedly upped the stakes and offered Carroll USD 10,000 per visa. (Casavis p.135)

The relationship between Carroll and Khan would prove mutually beneficial to both parties. "Khan already ran a vast alien smuggling network. He had an operation in Canada so large that he used a pickup truck to transport aliens across the US-Canadian border." (Casavis p.135) Khan developed a full-service emigration network. He was able to keep illegal immigrants in the US without them having to return to Guyana to renew their visitor's visas. People could mail their passports to Khan's network in Guyana. There, the passports would be updated with legitimate immigration entry and exit stamps. That way, immigrants would not have to return to Guyana until the five or ten-year visa expired. (Casavis p.136)

According to Casavis, Khan also had an extensive money laundering operation. "He hosted a lively trade in smuggling South Asians into the United States and Canada via Guyana." Apparently, Khan had connections worldwide and had even visited Pakistan and Jordan. He offered to move money for Carroll and to pay for illegal visas in diamonds. (Casavis p.137)

A sophisticated operation, Khan had bank accounts in New York. "He regularly purchased gold from Republic Metals there. He was even seeking to purchase apartment buildings there in other people's names." (Casavis p.137)

In March 2000, Khan was eventually arrested in a sting operation at Miami International Airport while he was attempting to return to Guyana. He was charged with conspiracy to defraud the United States, production and issuance of false United States visa documents and bribery of a public official. He was jailed for three years then subsequently deported. Carroll was arrested at his parents home in Chicago.  He was accused of selling 250 visas in Guyana for more than 1M USD in bribes. Initially sentenced to 23 years in jail, on appeal Carroll's prison term was reduced to eight years. He has since been released from jail.

It appears as though the PPP administration has a penchant for sketchy appointments. This latest appointment, is reminiscent of the time the PPP government during former President Donald Ramotar's term, appointed Rabi Sukhul as an appellate court judge. Sukul had been disbarred in the UK. After this was revealed, he reportedly returned to the UK and all the questions surrounding his appointment appear to have been swept under the rug.

What is the excuse for Khan's appointment? Was due diligence not done? Will the government claim that it was not aware of Khan's conviction? After all, it was only a case that also made headlines internationally. Does the government think that Guyanese have short and convenient memories?

It behooves President Ali to explain to the Guyanese people who pay his salary, how and why this appointment was made. Contrary to how the PPP thinks and acts, it is still  accountable to the citizens of the Great Land of Guyana.