Magistrate issues fresh summonses

Magistrate Ejenny Espinet yesterday issued fresh summonses to three companies to appear before the court on charges arising out of the Piarco Airport Development Project. The issuing of new summonses arose when neither the magistrate nor the attorney representing the three companies could determine who was to come to court to represent the company as charged in the matter. The three companies summoned are Maritime General Insurance Company Ltd, Maritime Life (Caribbean) Ltd and Fidelity Finance and Leasing Company Ltd. Attorney Vernon De Lima SC, who is representing the three companies, explained to the presiding magistrate on the last occasion that the companies were not prepared to send a representative to sit throughout the proceedings.

De Lima had offered to be the representative of the companies, but when the issue came up again yesterday, Espinet reminded De Lima that she could not allow that to happen. “I am very surprised that when Mr De Lima made his application that no reference was made to the Preliminary Inquiry Act. This Act governs the procedure to be carried out. The Act requires that certain things take place in the presence of the accused, such as the hearing of evidence. These things are mandatory. In this case, in terms of a corporation, it being an artificial force, certain provisions have to be made if a corporation is charged,” Espinet said. De Lima said there was little he could say on the issue since he was of the view that his application had been agreed on by the other side.

Attorney retained by the State, Queens Counsel Sir Timothy Cassel, remarked that if De Lima were to become the companies’ representative, that could cause major problems. “If no one comes before the court, then it means that the company could never be prosecuted. “No company should sign an agreement for another person to represent them. What’s going to happen if it reaches the stage that the company is committed to stand trial?” Cassel argued. Senior Counsel, attorney Pamela Elder, also thanked the  members of prosecution team for the “orderly and meticulous” manner in which they made the disclosure of documents to the members of the defence team. However, Elder submitted to Espinet that having had a chance to go through the documents, she felt it was in the best interest of her client, Raul Gutierrez, that the magistrate not be allowed to go through the documents until certain matters are dealt with.

“In light of the information contained in the documents, I respectfully submit that the documents not be seen by your Worship since it can be extremely prejudicial,” Elder said. Yesterday, attorneys were also asked if they felt the matters involving the accused persons and companies should all be heard together. All attorneys present, with the exception of Gillian Lucky, indicated to Espinet that they had no problems with the matters being heard together. Lucky, who represents accused Ameer Edoo and Steve Ferguson, told the court that there are certain things in the charges which she felt set her clients apart from the rest. Espinet said she would rule on the issues raised yesterday when the matter comes up again for hearing on July 15.

Those before the court in the second inquiry are Steve Ferguson, Ishwar Galbaransingh, Amrith Maharaj, Brian Kuei Ting, Raul Gutierrez, Sadiq Baksh, Ameer Edoo, Tyronne Gopee, Peter Cateau and Edward Bayley. Five companies have also been charged. They are Northern Construction Ltd, Calmaquip Engineering Corporation, Maritime Life (Caribbean) Insurance Ltd, Maritime General Insurance Company Ltd and Fidelity Finance and Leasing Company Ltd. Businesswoman Renee Pierre was also before Espinet yesterday, where she had her charges in the Piarco II matter formally discontinued by the State. Pierre was charged after investigations were conducted into allegations of corruption arising out of the Piarco Airport Development project. She will reappear in court on other charges on September 14.