Search warrant must go into evidence

CHIEF MAGISTRATE Sherman Mc Nicolls yesterday dismissed the submissions of the defence and ruled that a search warrant dated January 29 2002 must be tendered into evidence. In a six-page ruling, Mc Nicolls said it is for the trial judge to deal with the issue of the exclusion of the search warrant in the circumstances in which it was obtained in this particular case. As lead prosecutor Gilbert Petersen SC was about to tender this warrant into evidence two weeks ago, the defence objected to its admissibility. Desmond Allum SC, who appears for Ish Galbaransingh, Amrith Maharaj, and Northern Construction Ltd, submitted that Justice Peter Jamadar had ruled that Section 33 of the Proceeds of Crime Act 2000 was unconstitutional, and therefore the warrant executed on Northern’s premises at Point Lisas was also unconstitutional.

According to Mc Nicolls, the issue for determination was whether an inquiring magistrate could exclude the warrant on the ground that the Proceeds of Crime Act under which it was obtained, its issue and execution were all unconstitutional. The Chief Magistrate quoted from Justice Jamadar’s 2002 judgment — “where there has been a breach of a constitutional right, it remains for the trial judge to perform the necessary balancing exercise in the context of all the circumstances of the case, before determining whether or not to exclude  the evidence.” As far as he was concerned, Mc Nicolls said it was up to the trial judge to deal with the issue of exclusion. He said had this been a summary trial, the magistrate would have the same discretion as the trial judge in the interests of a fair trial to exclude legally admissible evidence. Another of the defence attorneys, Fyard Hosein SC, submitted that the proceedings be stayed on the ground of abuse.

The Chief Magistrate ruled, “I am not satisfied that the test laid down to stay proceedings for abuse of process is met in this case because it does not deal with such issues as delay or unfair manipulation of court procedures.” Last week, Allan Alexander SC added to the submissions of the defence. He called on the Chief Magistrate to exclude the search warrant and the documents which were seized in pursuant of that warrant. Deputy Director of Public Prosecutions (DPP) Carla Brown-Antoine said the issue was not for the inquiring magistrate, but for a trial judge to decide. She asked that the warrant and the documents be admitted into evidence by the investigating officer, Senior Supt Maurice Piggott,  head of the Anti-Corruption Investigations Bureau.

After the ruling, defence attorney Sophia Chote asked for half an hour to consider the matter. However, Alexander requested more time as he needed to consult with his clients. He asked that the matter be put off for ‘‘some days’’ to reflect on the decision. Lead prosecutor Gilbert Petersen SC did not object to the adjournment. The Chief Magistrate then adjourned further hearing to October 18. Eight persons and three companies are charged with a total of 21 offences relating to the new Terminal Development Project at Piarco Airport. They are Brian Kuei Tung and Russell Huggins, former government ministers; Ish Galbaransingh, CEO of Northern Construction Ltd (NCL); Amrith Maharaj, financial comptroller of NCL; John Henry Smith, CEO of Maritime General Insurance Company; Steve Ferguson, chairman of Maritime Group of Companies; Barbara Gomes, company secretary, businesswoman Renee Pierre; Maritime General Insurance Company; NCL; and Fidelity Insurance and Leasing Company Ltd.