‘Waiting for a legal challenge in Panday’s case’

THREE months ago, Chief Magistrate Sherman Mc Nichols sent the cases against former Prime Minister Basdeo Panday to the High Court for his attorneys to argue a point of constitutional law. The Chief Magistrate adjourned Panday’s three cases to July 16. However, when the cases were called in the Port-of-Spain Magistrates’ Court yesterday, there was no progress in the matter. Nothing was filed in the High Court and no one seemed to know what was happening. On April 8, Mc Nichols found merit in the submissions of Panday’s lead attorney, Allan Alexander SC, that the three charges against the UNC political leader were filed under a law which no longer exists. He then ordered that the matter be referred to the High Court for determination and adjourned the matter to July 16 for mention. But when the case was called yesterday, everyone was in a quandary. The Chief Magistrate summoned attorneys for Panday and the State in his chambers for a meeting. After ten minutes, the lawyers were back in court.

The Chief Magistrate arrived in court at 9.23 am and said that pursuant to his order of April 8, he was going to adjourned the matter again. After consulting with attorneys, Mc Nichols put off Panday’s cases to October 20. Following the adjournment, Mc Nichols told Newsday that nothing was filed in the High Court since the last adjournment because there was no such precedent for anyone to follow. The defence, he added, were not sure if they had to file a constitutional motion in the High Court to raise the issues argued in the Magistrates’ Court. Mc Nichols said without any previous cases, he too, did nothing during the three-month break. However, after meeting with attorneys yesterday, he has decided to forward his order to the High Court so the constitutional issues could be raised. Yesterday’s hearing lasted just two minutes. Panday was present, so too were his attorneys Allan Alexander SC, Fyard Hosein, Rajiv Persad and Devesh Maharaj. Acting Assistant DPP Devan Rampersad represented the State. Panday’s court appearance was low-keyed, unlike the hustle and bustle of the July 14 Local Government Election. But he got moral support from UNC officials Dr Tim Gopeesingh, Chandresh Sharma and Robin Montano. Panday, 69, is charged with failing to declare an account at the National Westminster Bank in London in his name and that of his wife Oma, for the years 1997, 1998 and 1999. The defence is contending that Panday was charged under the Integrity in Public Life Act 1987, but that Act was repealed by the 2000 Act, proclaimed by then President Arthur NR Robinson on November 6, 2000.