Appeal Court gives convict chance to make restitution

A straightener/painter, who had stolen $30,000 from Stephen Phillip, was given a choice yesterday by the Court of Appeal to either pay Phillips back his money or continue serving a  three-year sentence imposed on him by Justice Carlton Best. In offering Michael Saney the option, Chief Justice Sat Sharma told him it was clear he was part of a racket at the Licensing Office and that he should consider himself lucky. Saney, 45, of Titus Village in Siparia, agreed to pay the money instead of going back to prison and was given 15 days to pay $15,000 and the remaining sum within six weeks. In default, he will be taken back to prison to serve out the remaining sentence.

He was sentenced on November 27, 2003 and got bail in March 2004. His appeal was heard yesterday before CJ Sharma, Justice Stanley John and Justice Wendell Kangaloo. Saney’s lawyer, Larry Lalla, commended the court that the appeal was heard so soon (five months) after the conviction. He recalled that normally such an appeal would take about 18 months before it came up for hearing. He noted that the speed with which the appeal had been listed augurs well for the administration of justice. The CJ indicated that it had now become customary for appeals to be listed as early as this one was.

Saney had arranged with Phillips to have Phillip’s Nissan Cifero car registered with the Licensing Office for the sum of $30,000. Saney charged an extra $200 as his fee for having to conduct the transaction On February 4, 1998, both men went to the Port-of-Spain Licensing Office where Phillip gave the money to Saney. Saney came back a short while later and told Phillip the car was registered, but the paperwork would take some time and he would bring the certified copy to him the following day. As promised, Saney did bring the certified copy to Phillip. But some months later, while Phillip was driving his car in San Fernando, he was stopped by police and his vehicle seized.

The vehicle had not been registered and the registration number was assigned to a  motorcycle. Saney was arrested and charged with larceny of the money. Following his conviction, he appealed the matter and filed three grounds of appeal. The main ground argued was that the trial judge was wrong in not upholding a no-case submission. This was not accepted by the Court of Appeal. Special prosecutor Dana Seetahal represented the State.