Mc Nicolls starts inquiry — March 8

AFTER several preliminary objections, the preliminary inquiry against eight defendants and three companies in the $19 million Piarco Airport Fraud case is set to begin on March 8, 2004. Chief Magistrate Sherman Mc Nicolls said yesterday that the long-awaited start to the inquiry will begin...and it will continue day-to-day until it is concluded. He said if any of the prosecution or defence attorneys have problems, they should make arrangements to be represented as the inquiry will not be interrupted. The case was called in the Port-of-Spain Fourth Court yesterday, with all the defendants present along with a battery of lawyers from the prosecution and defence. Allan Alexander SC, who is leading the defence team, started off by asking for the case to be adjourned to March 8 and that it proceed day-to-day.

Deputy Director of Public Prosecutions (DPP) Carla Brown-Antoine apologised for the absence of lead prosecutor Karl Hudson-Phillips QC who is out of the country. She said there was some discussion with the defence, but she expressed concern as to what the court will be starting — the evidence or dealing with more objections. She pointed out that on the previous occasion, there was an outstanding issue of disclosure pending in the Privy Council. But Alexander said the disclosure point had been decided by the Privy Council (November 5). “If there is disagreement on any other matter, we will make an application and take it from there.” Alexander asked the Chief Magistrate if the services of a CAT reporter will be available during the preliminary inquiry. Mc Nicolls said “no,” as his clerk will be taking the notes in long hand. Alexander said the defence plans to have its own note-taker when the inquiry starts. He said if the DPP wishes to share in the exercise, the defence would have no problem with it. “That is like giving a junior counsel a right of a brief...a junior counsel takes notes.”

Brown-Antoine had no objection to the note-taker being recruited by the defence. She agreed to the March 8 adjournment, but could not give a commitment as to whether the prosecution team will be available to continue the inquiry on a day-to-day basis. Mc Nicolls asked, “why can’t you give a commitment?” Brown-Antoine said Hudson-Phillips was not present and therefore she was not in a position to give that commitment. Mc Nicolls said, “well, I suggest to you that you put your house in order. I am sure you want to deal with this matter expeditiously. Let it be recorded that the court will be proceeding on March 8 on a day-to-day basis. The defendants are former Government Ministers Brian Kuei Tung and Russell Huggins, Ishwar Galbaransingh, CEO of Northern Construction Limited (NCL); Amrith Maharaj, financial comptroller of NCL; John Henry Smith, CEO of Maritime General Insurance Company; business woman Renee Pierre, secretary Barbara Gomes and insurance executive Steve Fergusson.

The eight defendants, together with Fidelity Finance and Leasing Company, Maritime General Insurance Company and NCL, are charged with conspiring to defraud the Airports Authority of more than $19 million, proceeds of the construction of the new $1.6 billion Piarco Airport Terminal building. Representing the defendants were Alexander, Frank Solomon SC, Desmond Allum SC, Vernon De Lima, Fyard Hosein, Devesh Maharaj, Reginald Armour, Rajiv Persad, Sophia Chote and Ian Brooks. The prosecution’s team will be led by Hudson-Phillips and will include Brown-Antoine, Roy Holford, Gilbert Peterson, Elaine Greene, and George Busby.