Ex-PM remains in jail

LAWYERS representing jailed former prime minister Basdeo Panday filed a notice of appeal yesterday against Monday’s conviction and sentence imposed by Chief Magistrate Sherman Mc Nicolls.

But Panday remains incarcerated at the Maximum Security Prison at Arouca because an application for bail has not yet been heard. Yesterday, the notice of appeal was filed on Panday’s behalf at the Port-of-Spain Magistrates’ Court, the place where he was convicted and sentenced on Monday.

The document read: “Take notice that I, Basdeo Panday, aggrieved by a conviction of his Worship Chief Magistrate Sherman Mc Nicolls esq, dated the 24th day of April 2006 against me the said Basdeo Panday for having therein alleged that on Friday the 9th day of April 1999 I knowingly made a false declaration;

“And having made the following orders:

(a) a fine in the sum of $20,000 in default three years hard labour,

(b) imprisonment for the term of two years,

that the applicant by way of forfeiture pay the State the equivalent of 159,600.35 pounds sterling,

do appeal against such conviction and sentence on the following grounds:

(1) that the court had no jurisdiction in the case.

(2) that the court has exceeded its jurisdiction in the case.

(3) that the appellant is not guilty, because the decision is unreasonable and/or cannot be supported having regard to the evidence.

(4) that the decision is erroneous in point of law.

(5) that some other specific illegality, substantially affecting the merits of the case, has been committed in the course of the proceedings in the case.

(6) that the sentence passed is unduly severe. Panday’s lawyers also made an application for bail which came up before Justice Anthony Carmona in the Port-of-Spain High Court at 11.15 am yesterday.

Lead prosecutor in the Panday trial British Queen’s Counsel Sir Timothy Cassel and Senior State attorney Wayne Rajbansie, appeared for the State. Panday was represented by Desmond Allum SC, Fyard Hosein SC and Rajiv Persad.

The hearing ended at 11.45 am with no bail being granted. Justice Carmona said he wants to see the notes of evidence of the March trial.

He then adjourned hearing to 11.30 am tomorrow to hear submissions from both sides as to whether Panday should be granted bail pending the appeal.