Cassel: More charges coming for accused

MORE charges are coming for persons already charged in the $1.6 billion Piarco Airport Terminal corruption inquiry. British Queen’s Counsel Sir Timothy Cassel made the surprise announcement when the preliminary inquiry was called before Senior Magistrate Ejenny Espinet in the Port-of-Spain Eighth Magistrates’ Court yesterday. Cassel told the court that when he first appeared as lead prosecutor in the inquiry months ago, he indicated that he needed to review the charges laid against the accused. He said the exercise was completed and further charges have been drafted. Cassel said the Director of Public Prosecutions (DPP) is considering the new charges and a decision will be made in a few days’ time. The British QC said the DPP will write to the court and to the defence attorneys as to what further charges will be laid.

He then asked for a date in January where the new charges will be formally read to the accused persons, and for the start of the preliminary inquiry. But Chaitram Sinanan, one of the defence attorneys asked, “How can we set a date to start the preliminary inquiry before we know what are the other charges? It shows the state of unpreparedness of the prosecution. What is really happening here?” he asked. Sinanan continued, “How can we start this case in a state of vacuum when we don’t know what the new charges are?” Vernon De Lima, another defence lawyer added, “This is Trinidad and this is called robber talk. They (accused) are sitting under the gun. This is oppressive. You have me sitting in the dock for months and then you are coming to say the DPP is considering further charges. That is not fair.”

Pamela Elder SC, who represents two of the accused, asked for the defence to be informed of the new charges before warrants are issued. This was guaranteed by Cassel. Russell Martineau SC also felt that the plan to institute new charges was oppressive. Cassel indicated that fresh charges can be laid against accused persons at any time before the end of the inquiry. “There is no question of oppressiveness. If fresh charges are laid, the accused will have ample time to give instructions.” Cassel also indicated that Raul Gutierrez and Calmaquip surrendered to the police recently. But two other accused — Ronald Birk and Eduardo Hillman — were in the United States.

“I indicated to the court on a previous occasion that we are anxious to come to an arrangement for them to surrender voluntarily to this jurisdiction.” But that had been elusive. Cassel said that within the last few days, Birk and Hillman, through their US lawyers and a British QC, indicated that they want to meet with him in London tomorrow to discuss the matter. He pointed out that if Birk and Hillman have to be extradited to Trinidad, that will not be an excuse to delay the start of the preliminary inquiry. It was then agreed that the inquiry be postponed to December 17. Appearing in court yesterday were Steve Ferguson, Ishwar Galbaransingh, Amrith Maharaj, Brian Kuei Tung, Raul Gutierrez, Sadiq Baksh, Ameer Edoo, Tyrone Gopee, Peter Cateau, Edward Bayley and Renee Pierre.