Lucky overruled, witness takes stand

AS PROMISED on Monday by the defence team, serious objections to documents to be tendered into evidence by the prosecution were yesterday initiated by attorney Gillian Lucky. Lucky was questioning the integrity of a statement given by Steve Ferguson, chairman of the Maritime Group of Companies, which the prosecution was seeking to tender into evidence. Ferguson is one of the eight persons charged with 21 offences related to the new terminal development at Piarco International Airport.

The other seven include Maritime Group of Companies secretary, Barbara Gomes; businesswoman, Renee Pierre; former Government Ministers Brian Kuei Tung and Russell Huggins; CEO of Northern Construction Ltd (NCL) Ishwar Galbaransingh; financial comptroller of NCL, Amrith Maharaj and CEO of Maritime General Insurance Company, John Henry Smith. Three companies, Maritime General Insurance Company, NCL and Fidelity Insurance and Leasing Company Ltd, are also charged with the offences. The inquiry is being heard by Chief Magistrate Sherman McNicolls at the Port-of-Spain Magistrates’ Court.

According to Lucky, the statement disclosed to the defence was different to the original, which was now being sought to be tendered into evidence by the prosecution. The original, she said, contained handwriting, a signature and a date. These, Lucky said, had been omitted from the copy disclosed to the defence.  “It is surprising that the prosecution would even seek to enter this into evidence. The disparity of the two documents is glaring,” she said. In response, prosecutor Karl Hudson-Phillips QC explained that the original statement had a certificate appended to it. A copy of the certificate, he said, had not been given to the defence but added that this did not affect the admissibility of the statement into evidence. “If they wish they can cross-examine on it,” Hudson-Phillips said. After listening to the arguments presented by both sides, McNicolls over-ruled Lucky’s objections and called PC Krishenlal Nanan of the Anti-Corruption Investigations Bureau to the witness box. Nanan, who had begun giving his evidence-in-chief on Monday, was cross-examined by defence attorney Allan Alexander SC. 

During cross-examination, Nanan made reference to documents that had been used during his investigations. These documents, he said, were at the Anti-Corruption Bureau’s office. The matter was stood down and he was allowed to go to the office for the documents. On Nanan’s return, the 35 documents, which comprised of draft and certified copies, were tendered into evidence. Moments later, the defence team indicated that these documents had not been disclosed, and requested that the prosecution provide them with copies. Hudson Phillips, who had earlier indicated that he had forwarded copies to the defence, admitted that he had been mistaken because “there had been so many documents for disclosure.”

The documents in question, he said, were public documents and could be obtained by anyone from the Registrar General. “The documents are now in the possession of the court and should not leave your possession. Everyone can apply to the Registrar General for copies,” he said to McNicolls. McNicolls eventually placed the burden of making 11 copies of the documents on Deputy DPP Carla Brown-Antoine. He advised  the defence attorneys to pick up their copies at the office of Clerk of the Peace Eugene Prince yesterday afternoon, so that they would be prepared to cross-examine Nanan when he returns to the witness box today.