Karl ill, Petersen takes over

SENIOR COUNSEL Gilbert Petersen has taken over the role of lead prosecutor of the Piarco Airport corruption inquiry due to the illness of Karl Hudson-Phillips QC. Hudson-Phillips, who is an International Criminal Court (ICC) judge, fell ill a couple of months ago and had to undergo medical treatment in the United States. Because of his condition, Hudson-Phillips was not in court when the case was last called on April 5. When the case resumed yesterday, Hudson-Phillips was absent again. Deputy Director of Public Prosecutions (DPP) Carla Brown-Antoine, a member of the prosecution team, apologised to the court for Hudson-Phillips’ absence, saying the lead prosecutor was out of the country.

Following Brown-Antoine’s announcement, Petersen got up and called his witness — Asst Supt Wayne Boyd, of the Anti-Corruption Bureau of Investigations. Chief Magistrate Sherman Mc Nicolls, presiding in the Port-of-Spain Fourth Magistrates’ Court, is hearing evidence in the inquiry. Eight persons and three companies are charged with a total of 21 offences relating to the new Terminal Development Project at Piarco Airport. They are Brian Kuei Tung and Russell Huggins, former Government Ministers, Ish Galbaransingh, CEO of Northern Construction Limited (NCL), Amrith Maharaj, financial comptroller of NCL, John Henry Smith, CEO of Maritime General Insurance Company, Steve Ferguson, chairman of Maritime Group of Companies, Barbara Gomes, company secretary, businesswoman Renee Pierre, Maritime General Insurance Company, NCL, and Fidelity Insurance and Leasing Company Limited.

Boyd last gave evidence on March 16. But his testimony was short-lived yesterday as the defence objected to the tendering of a cheque into evidence. No sooner had Boyd produced the cheque, the defence attorneys objected to it being tendered into evidence. There were objections from defence attorneys Frank Solomon SC, Allan Alexander SC, Desmond Allum SC, Jamaican Richard Small, Vernon De Lima, and Gillian Lucky. They argued collectively that the cheque could not be tendered as it was inadmissible. Petersen, in response, submitted that the cheque could be tendered. Mc Nicolls ruled that the cheque was admissible and as he was about to give the all clear to the witness, there were further objections from the defence.

Defence attorneys whipped out cases and other documents to support their contention that the cheque was inadmissible. Solomon also produced a written submission on the issue, which was passed to the chief magistrate. The defence contended that the issue was of great importance as the ruling on this issue would impact on the inquiry with respect to other documents which the prosecution may want tendered. Petersen asked for time to respond in writing to what Solomon and the others had submitted. He agreed to produce his written submissions by 4 pm today, following which Mc Nicolls adjourned hearing to Monday for a ruling on the issue.