Hillman wants to go down Mexico way

EDUARDO HILLMAN, one of the 12 persons charged in the second Piarco Airport Terminal project corruption case, wants to attend a conference in Mexico, but his condition for bail does not allow him to travel outside of Trinidad and the United States. When the preliminary inquiry was called yesterday, Pamela Elder SC, one of the attorneys representing the American businessman, said when Hillman appeared in court in August, he was granted $2.5 million bail with a condition that he cannot travel outside of Trinidad and the United States.

Elder said her client was interested in attending a conference in Mexico between September 19 and 21, but lead prosecutor Sir Timothy Cassel QC said he was only notified two days ago about the request. He also pointed out that the prosecution was not able to verify the information. Cassel said the prosecution was not in a position to investigate the matter until next week, but Elder said that would be too late for her client as the conference was just days away. Senior Magistrate Ejenny Espinet, sitting in the Port-of-Spain First Magistrates’ Court, said enquiries have to be made and adjourned the matter to September 22 — the day after the conclusion of the Mexico conference.

Elder asked that Hillman not be allowed to return just for that ruling, but Espinet insisted that an accused person must be present to hear and understand the conditions of the bail. Hillman, along with Americans Ronald Birk and Raul Gutierrez, are charged with other persons with corruptly receiving more than $144 million in contracts between January 1, 1995, and December 31, 2001. Birk and Hillman were partners in Birk-Hillman Consultants. Osbourne Charles SC entered the case for the first time yesterday. He appeared with Richard Mason for Birk, and then with Elder and Owen Hinds Jr for Hillman.

The three Americans are charged jointly with 11 other persons on a total of 21 charges — Steve Ferguson, Ish Galbaransingh, Amrith Maharaj, Brian Kuei Tung, Sadiq Baksh, Ameer Edoo, Tyrone Gopee, Peter Cateau, and Edward Bayley. Five companies have also been charged. Bayley was not in court yesterday. Elder explained that Bayley had medical problems which deteriorated and was unable to attend court. The five companies were not represented in court yesterday. On previous occasions, Vernon De Lima was their lawyer. However, his absence did not deter Cassel from submitting that the court had the power to commit the companies to stand trial even though they were unrepresented. He argued that once the magistrate finds there is a prima facie case, the companies must be committed to stand trial.

Cassel said it would be wrong for the police to go out and arrest directors of companies and bring them to court. That would be a false arrest, he insisted. He urged the magistrate to make the ruling. But Magistrate Espinet was not convinced saying she did not have that power to commit a company for trial while it was unrepresented. Cassel said the prosecution intends to appeal the ruling of the magistrate. Hearing was then adjourned to December 15 for a status hearing.