DPP gave no orders to release accused

Gilbert Peterson Senior Counsel yesterday told Magistrate Ejenny Espinet that the Director of Public Prosecution (DPP), Geoffrey Henderson, wants to make it absolutely clear that he did not instruct the police to release four of the accused who were given “conditional bail” by Justice Prakash Moosai during the early hours of Tuesday morning. Peterson reported that the DPP said he has no powers to give instructions to the police. The defendants were arrested on Monday night and Magistrate Espinet noted that she had no record of bail being fixed for four of the accused before they appeared in court on Tuesday. 

Defence Attorney told the court that the DPP had to instruct a reluctant WPC Weekes of the Anti Corruption Investigation Bureau, by telephone, to release the four accused who had been given bail by Justice Moosai after midnight on Monday. The four who were granted bail on Monday night were former Finance Minister Brian Kuei Tung, his companion Renee Pierre, and two former chairmen of the Airports Authority, Tyrone Gopee and Ameer Edoo. The others appearing in court yesterday were former Works and Transport Minister Sadiq Baksh, Ishwar Galbaransingh, former chairman of the Tourism and Industrial Development Company of TT and Edward Bayley, former chairman of NIPDEC, Steve Ferguson and Amrith Maharaj. 

British QCs are expected to lead the prosecution’s team against the nine officials who were arrested and charged earlier this week with corruption, involving the $1.6 billion construction project of the new terminals of the Piarco International Airport and its runways. Five companies, also named in the corruption charges, are expected to be served with summons before Thursday to appear in court. The companies are Northern Construction Ltd (NCL), Calmaquip Engineering Corporation, Maritime Life (Caribbean) Insurance Ltd, Maritime General Insurance Company Ltd and Fidelity Finance and Leasing Company Ltd. When the nine accused, including two former UNC Cabinet ministers and two former chairmen of the Airports Authority, reappeared yesterday before senior Magistrate Ejenny Espinet, prosecutor Gilbert Peterson SC informed the court that a Queen’s Counsel is expected to appear in the matter.

Peterson sought to have the matter adjourned to next Thursday, but his application was met with stiff resistance from defence attorneys and the court. The matter was then adjourned to June 3. The nine are facing several charges. They were placed on a total of $12.5 million bail. Russell Martineau SC, who represents Edoo, sought permission from the court for his client to leave the country during the long adjournment. Edoo was about to travel abroad when arrested on Monday. Pamela Elder SC, who joined the defence team representing Bayley, was the first to strongly object to the short adjournment requested by the prosecution. She noted that the charges were voluminous and that she will certainly need time to study them. She said a perusal of the document “shows that some intelligent effort had to go into this.”

Sophia Chote, another defence attorney, also called for a longer adjournment date, championing the cause she pointed out that the prosecution had not even made disclosure in the matter, noting that in another matter of similar charges, tardy disclosure is still an issue. Martineau, like the other defence attorneys, adopted Elder’s submission, but added that it would be a waste of the court’s and attorney’s  time to return on Thursday, seeing that there are persons still to be served with the charges — meaning the companies. Peterson explained that the prosecution had asked for Thursday because of another similar matter in which the defence wanted to determine whether there were overlapping charges from that matter into this one. And since that matter was listed for next Wednesday, Thursday was selected for this matter. He also noted that the QC will be present so that all parties could ensure some sort of managerial system so the case could be worked out.

Magistrate Espinet stated that when persons are brought before the court, the court will not bring them back unless “we” are able to have a productive session. She also stated: “This court is not in the position to start the matter next Thursday, this month or next month.” She said she wanted to give sufficient time so that when submissions are to be made, persons will be adequately prepared. She explained that the court procedure is to set a date for “mention,” that is followed by a date set for trial, and then the trial.

Appearing for the prosecution were Peterson, deputy DPP Carla Brown-Antoine, Elaine Greene and Roy Holford. Russell Martineau SC and Gillian Lucky appear for Ameer Edoo, Pamela Elder SC and Stuart Young are for Bayley, Sophia Chote and Rajiv Persad are for Ishwar Galbaransingh and Amrith Maharaj, Prakash Ramadhar, Chaitram Sinanan, Kelvin Rattiram and Imran Khan are for Baksh, Nyree Alfonso-Towfeek for Tyrone Gopee, Gillian Lucky and Rajiv Persad for Steve Ferguson and Allan Alexander SC, Desmond Allum SC and Ian Brooks for Brian Kuei Tung and Renne Pierre.