Prosecution’s cheque bounces

CHIEF MAGISTRATE Sherman Mc Nicolls yesterday came prepared to give a ruling on the admissibility of a document relating to the Piarco Airport Corruption Inquiry into evidence. He was, however, forced to adjourn the matter to consider further submissions made by the defence and the prosecution. The controversial document is a cheque sought to be tendered into evidence by the prosecution. The defence team, via Senior Counsel Frank Solomon, argued that the cheque could be marked for identification, but could not be admitted into evidence unless relevance to the case was established. Solomon said the cheque, in its present state, was merely a “piece of paper.” 

“Are we to challenge an anonymous piece of paper?” the defence attorney enquired. Solomon said before the document could be regarded as evidence, it must be produced in a manner which was procedurally accepted in a court of law. “We are not saying that the cheque doesn’t have potential relevance and admissibility,” he said, “but the procedures must be followed sequentially.” The procedure, Solomon said, was simple but he refused to offer any assistance to the prosecution, headed by Senior Counsel Gilbert Petersen. Defence attorney Gillian Lucky agreed that there was a proper manner in which the tendering process was to be done, but she too refused to offer any assistance to the prosecution.

At this stage, she said, the document should be tendered for “limited admissibility” and marked for identification.  Petersen, however, argued that there was no such concept as “limited admissibility” and that Solomon’s submissions had not been backed by pertinent authorities. When the inquiry resumes on May 19, former government Ministers Brian Kuei Tung and Russell Huggins; businesswoman Renee Pierre; CEO of Northern Construction Ltd (NCL) Ishwar Galbaransingh; financial comptroller of NCL Amrith Maharaj; CEO of Maritime General Insurance Company John Henry Smith; chairman of Maritime Group of companies Steve Ferguson and company secretary, Barbara Gomes, will re-appear before Mc Nicolls. The eight, along with three companies, are charged with a total of 21 offences relating to the new terminal development project at the Piarco International Airport.