Piarco Airport Inquiry

JOHN HENRY SMITH, one of the accused in the Piarco Airport corruption inquiry, was admitted to St Clair Medical Centre yesterday morning after complaining of feeling unwell. According to Frank Solomon SC, doctors are investigating two problems — whether Smith has a congested heart or a lung disease.

Smith, the chief executive officer of the Maritime Group of Companies, did not turn up before Chief Magistrate Sherman McNicolls in the Port-of-Spain Eighth Magistrates’ Court for the continuation of the preliminary inquiry.

The inquiry was stood down as Solomon and instructing attorney Devesh Maharaj went to St Clair Medical Centre. On their return to court, Solomon indicated to McNicolls that Smith was receiving medical attention.

“The physician indicated to me that Mr Smith reported certain symptoms which required investigations. He said there was certain laboratory work to be done and a specialist was investigating the matter,” Solomon said.

He added that Smith was given a two- days sick leave by the doctor. But lead prosecutor, Edward Jenkins QC asked that the inquiry be put to today to determine the status of Smith’s health and for the court to decide where it was heading.

He asked that the court proceed with the inquiry. But this drew fire from Solomon who said Smith will be in no condition to appear in court today. He said it would be futile for the court to sit today. He reminded the court that Smith got two days of sick leave and that he should not be made to come to court today.

“If you want the specialist to come here, we will have him here. I have taken the trouble personally to speak to the doctor to satisfy myself and to satisfy you that Mr Smith is ill.”

Solomon asked, “how come the prosecution wants to press on with this case when it is one of the accused who is ill? He does not have a head cold, he nearly collapsed in court yesterday.”

McNicolls responded and said the sick leave certificate did not say that Smith could not attend court. Solomon then asked, “do you want the doctor to come here tomorrow?” The defence attorney then turned on state witness American Raimundo Levi, who sought and obtained the court’s permission to visit a doctor in Florida from tomorrow until next Tuesday. “Then we will ask for a sick leave for Mr Levi. What is the basis for him going to the doctor?” Solomon asked. Mc Nicolls said Smith may or may not be in a position to attend court today.

Solomon responded, “does not the sick leave say he should be granted two days’ sick leave? Why is Mr Jenkins trying to hustle, so he can go back to London? Why are you facilitating the prosecution at every stage? Is this even-handed? I don’t think this matter is being treated even-handed.”

The defence lawyer said the doctor gave Smith two days of sick leave, yet the Chief Magistrate wants him to come to court today. “Is it different for a foreign witness and a local accused?”

McNicolls said he had granted many indulgences to the defence during the inquiry. He found that he had conducted the inquiry fairly. He reminded the court that Levi was not an accused and that is the difference.

McNicolls said the sick leave certificate does not prevent Smith from attending court. He adjourned the case to today to determine the status of the accused person.