Panday back in jail

Dressed in a navy blue suit, he waved to supporters who blocked St Vincent Street outside the Port-of-Spain Magistrates’ Court. A crowd of about 400 was a disappointment to the UNC top-brass who had called for thousands to turn out for the event.

Police eventually removed the supporters from the street onto the pavement so that traffic could flow freely. The supporters were even more disappointed when Panday once again refused bail even though it had been reduced from $750,000 to $650,000 and elected to return to jail. His next court appearance will be on June 17. Panday made his second appearance before Senior Magistrate Ejenny Espinet in the Port-of-Spain First Magistrates’ Court to answer the charge of corruptly receiving 25,000 pounds sterling from businessman Ish Galbaransingh and former government minister Carlos John.

Panday did not look himself, and as one official put it, "he is not even taking his medication."

When Panday first appeared in court on May 31, he was granted bail, but refused. He was then taken to prison. Yesterday, he was not brought to court in the Amalgamated Prison vans as the other prisoners. He arrived in court in a heavily-tinted green jeep belonging to the Special Anti-Crime Unit. As soon as Assistant Commissioner Winston Cooper arrived, however, everyone was ordered onto the pavement. The road was cleared and traffic flowed again.

Carlos John, a former minister of works, was the first accused to arrive and was cheered lustily by the crowd. Omar Panday, who is also out on $750,000 bail for the same offence, followed next and was warmly greeted by party officials and supporters. But British Queen’s Counsel Sir Timothy Cassel, who was hired by the Director of Public Prosecutions to prosecute, was booed as he made his way into the court.

Cassel laughingly told Newsday, "This is the first time I have ever been booed."

Panday arrived at 8.50 am and was immediately whisked into court, but there was very little room for supporters. Apart from the battery of lawyers and policemen in the courtroom, the public gallery was taken up by UNC officials including Wade Mark, Dr Tim Gopeesingh, Hamza Rafeeq, Dr Roodal Moonilal, Harry Partap, Jack Warner, Kelvin Ramnath, Kamla Persad-Bissessar, Ganga Singh, and Dr Adesh Nanan. Panday’s daughter Mikela, an attorney, sat at the bar table in front of the dock where her parents stood. Galbaransingh was missing, but his attorney Rajiv Persad explained that he was appearing before Chief Magistrate Sherman Mc Nicolls in the Piarco Airport corruption inquiry.

Cassel told Espinet that he made full disclosure to the accused before the start of hearing. He said he was ready to proceed although he had no witnesses present.

Prakash Ramadhar, who appeared for Omar Panday, said the defence wanted the case expedited, saying this was a matter of national importance.

RAMADHAR: Bail which was set is punitive and it gives the impression of guilt. The man in the street believes there is real merit in the charges brought before the court. As a matter of principle, I am asking you to re-visit the sum of bail set.

MAGISTRATE: How is it to be re-visited? Do you have any authorities for this?

RAMADHAR: The high principle that bail must be reasonable. That is the protection given to our citizens under the Constitution. Mrs Panday is no flight risk. I would like to know if the DPP received any instructions from any politicians, any Senators. It goes to the very foundation of the authority of the DPP to give consent in this matter.

When asked by the magistrate if he had anything to say, Panday said he did receive a bundle of documents. "I am ready to proceed, and I will represent myself throughout the proceedings."

Although he does not represent Panday, Ramadhar pointed out that the bail set for the former prime minister was punitive and smacked of persecution. "It is too much, it is as simple as that." He said having regard to Panday’s age, he was a former prime minister, the Leader of the Opposition, and the prime minister-in-waiting.

Ramadhar said Panday has four children, owns property, and is not a flight risk. He asked that Panday be released on his own bail.

"I will do no such thing," Espinet stated. However, she varied the bail, reducing it to $650,000.

"One of the reasons that Mr Panday stayed in jail was to highlight the ills in the society, Ramadhar said.

The magistrate then adjourned Panday’s case to June 17. In trying to get a longer adjournment for the other three accused, the court heard that August was not good as one of Panday’s daughters was getting married. John also stated he will be out of the country around that time, and Galbaransingh was tied up in the Piarco inquiry.

Hearing for the other three accused was adjourned to September 13.

While Omar Panday and John left the court, Panday emerged around 10 am and waved to his cheering supporters. He was then whisked away to spend another ten days at the Maximum Security Prison.