Start postponed: State awaits extradition of three foreigners

THE preliminary inquiry into corruption charges laid against ten nationals of this country was yesterday postponed to November 30, to allow the prosecution the opportunity to pursue extradition proceedings against three foreigners. Senior Magistrate Ejenny Espinet, presiding in the Port-of-Spain Eighth Magistrates’ Court, acceded to the request of the State which indicated that extradition proceedings were underway in the United States against Raul Gutierrez, Ronald Birk, and Eduardo Hillman. Appearing in court yesterday were former chairman of the Maritime Group of Companies Steve Ferguson, chairman of Northern Construction Ltd Ishwar Galbaransingh, financial comptroller of Northern Construction Ltd Amrith Maharaj, former finance minister Brian Kuei Tung, former works minister Sadiq Baksh, former chairmen of the Airports Authority Ameer Edoo and Tyrone Gopee, Peter Cateau, former chairman of Nipdec Edward Bayley and businesswoman Renee Pierre.

Five companies were also charged — Northern Construction Ltd, Calmaquip Engineering Corporation, Maritime Life (Caribbean) Insurance Ltd, Maritime General Insurance Company Ltd, and Fidelity Finance and Leasing Company Ltd. Calmaquip, which is based in Miami, has not yet been served with the charges. When the inquiry resumed yesterday, lead prosecutor, British Queen’s Counsel Sir Timothy Cassel, said he was ready to expand on his skeletal submissions and asked that he be allowed to make an unprecedented opening speech at the start of the preliminary inquiry. Cassel said he was prepared to proceed with further submissions if the magistrate so desired. Pamela Elder SC, who represents Edward Bayley, said the defence was taken by surprise in that  attorneys had only received copies of Cassel’s submission on Monday afternoon. She also pointed out that a copy of the submission was filed in court.

Elder told the court the defence would need time to respond to Cassel’s submissions. Espinet said she did not come to court to get the responses of the accused. She pointed out that because of the number of accused persons, the responses would have to be put in writing. The magistrate pointed out that there are three persons and a company who are not before the court, although their names appear on the charges. Espinet said the court could not wait indefinitely for those persons who have not yet been arrested. Cassel said certain persons have not yet been served and he was awaiting information on the extradition proceedings which have been instituted against these persons. He told the court that there were two options — proceed with the inquiry against the ten locals, or await the outcome of extradition proceedings in the United States.

Russell Martineau SC, who represents Ameer Edoo, said it was certain the prosecution was not ready to proceed. “It is not fair to have charges hanging over people’s heads like this,” he said. Cassel responded, “It is inevitable and regrettable. I sympathise with him (Martineau). We are being delayed by the people in America who are unwilling to submit themselves for prosecution. There is ample evidence against these persons outside the jurisdiction, but the machinery to get them here is not as quick as we would like.” The magistrate said the court makes every effort to have these matters expedited. She then adjourned the case to November 30 to determine the situation with the extradition proceedings against the three foreigners.