Panday’s case for High Court Nov 10

THE CASE against former Prime Minister Basdeo Panday for failing to declare his London bank accounts cannot start...at least not yet.

Instead, a constitutional motion brought by Panday challenging the law under which the charges were laid, is set to be heard in the Port-of-Spain High Court on November 10. When the case was called before Chief Magistrate Sherman Mc Nicolls in the Port-of-Spain Eighth Magistrates’ Court yesterday, one of his attorneys, Desmond Allum SC informed the court that the constitutional motion has been fixed for November 10. He said three days have been put aside to deal with the motion. As a result, Allum asked that the charges before the Chief Magistrate be put for December 15, by which time a decision would be given in the High Court motion. Both the defence and the state agreed to the date and the matter was put off.

Panday, political leader of the United National Congress (UNC), arrived in court promptly at 9.30 am with Fyzabad MP Chandresh Sharma, Senator Robin Montano, and attorney Devesh Maharaj. When the matter was called at 9.45 am, Panday sat in the dock. In his usual style on his arrival in court, Mc Nicolls said, “good morning, how are you today?” Deputy Director of Public Prosecutions (DPP) Carla Brown-Antoine apologised for the absence of the investigator Senior Supt Wellington Virgil. She said Virgil had to go to the San Fernando Assizes as the complainant where a guilty plea was expected. She also apologised for the absence of British Queen’s Counsel Sir Timothy Cassel who is leading the prosecution against Panday. The hearing was very low-key, with just a sprinkling of supporters turning up to hear the matter. One of these was Dorothy, who did not miss a day in the Dhanraj Singh murder trial. The case was over within minutes and Panday was off to the office of the Leader of the Opposition.

On April 8, Mc Nichols found merit in the submissions of Panday’s lead attorney Allan Alexander SC that the three charges against the UNC political leader were filed under a law which no longer exists. He then ordered that the matter be referred to the High Court for determination. Panday, 69, is charged with failing to declare an account at the National Westminster Bank in London in his name and that of his wife Oma, for the years 1997, 1998, and 1999. The defence is contending that Panday was charged under the Integrity in Public Life Act 1987, but that Act was repealed by the 2000 Act, and proclaimed by then President Arthur NR Robinson on November 6, 2000.