Mc Nicolls tenders document into evidence

PIARCO AIRPORT CORRUPTION INQUIRY - DAY 38

A PRODUCTION ORDER was admitted into evidence yesterday although the defence argued that it was obtained under the controversial Proceeds of Crime Act 2000. Allan Alexander SC told Chief Magistrate Sherman Mc Nicolls that the document which the prosecution wanted admitted into evidence, was issued under the Proceeds of Crime Act, part of which was declared unconstitutional by Justice Peter Jamadar in a 2002 judgment for Northern Construction Ltd (NCL) against the Attorney General.

Senior Supt Maurice Piggott, head of the Anti-Corruptions Investigations Bureau, spent another day in the witness stand as both the prosecution and the defence argued over the admissibility of documents seized from the premises of NCL. However, when Piggott was about to tender the Production Order, which he served on Citibank on February 21 2002, Alexander objected, reminding the Chief Magistrate that the document was issued under the Proceeds of Crime Act. Fyzard Hosein SC told the court that the document was obtained under Section 32 of the Act, but lead prosecutor Gilbert Petersen SC pointed out that the document was not issued under Section 33 of the Act, which was the section declared invalid by Justice Jamadar in the NCL judgment.

Following the submissions, Mc Nicolls allowed the Production Order to be tendered into evidence. When the adjournment was taken, Piggott was still in the witness box dealing with documents seized from the bank as a result of the Production Order. When hearing resumed yesterday, Petersen informed the court that Piggott could not ascertain from any document as to when he placed his initials on the documents seized from NCL premises at Point Lisas on January 30, 2002. Piggott was given an opportunity by the Chief Magistrate to check his records to determine when he placed his initials on the documents seized at NCL. The defence had raised objections on Monday, saying that Piggott’s initials were on the documents, but there were no dates as to when he placed them there.

Piggott said there may have been some document to show when he placed his initials, but after a thorough search on Monday, Piggott informed the prosecution team yesterday that he could not find any documents which could have assisted him in this regard. The defence was duly notified and the explanation accepted by Mc Nicolls. Piggott has been in the witness box since September 22. He has been in and out of the courtroom because of the numerous objections raised by the defence, relating mostly to the admissibility of documents seized under a warrant. Hearing has been adjourned to October 26. 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 Ltd (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 Ltd.