De Lima: Where the diary gone?

“Where the diary gone?” That was the question which brought laughter in the courtroom as defence attorney Vernon De Lima cross-examined Corporal Joanne Archie about her pocket diary concerning her investigations into the Piarco Airport Terminal Development project. Archie had earlier told attorney Gillian Lucky that one diary had been misplaced. She then admitted to De Lima that a bag with about four pocket diaries was missing. Before hearing was adjourned, Frank Solomon SC said that in light of the answers given by Archie about her pocket diaries, the defence would like the station diaries of the Anti-Corruption Investigations Bureau (ACIB) to be brought in court to be inspected. Lead prosecutor Gilbert Peterson SC agreed.

Archie, who is attached to the ACIB, began her evidence one week ago. Yesterday, she continued to be cross-examined, this time by Lucky. Lucky asked the witness to read aloud certain parts of the Police Standing Orders on the issue of pocket diaries. Lucky even solicited assistance from Chief Magistrate Sherman Mc Nicolls when Archie was not answering the questions. Archie admitted during cross-examination that her pocket diary relating to this case was misplaced. But it was only when De Lima cross-examined Archie, the court heard that at least four pocket diaries had gone missing.  This answer brought De Lima to life as he had everyone in the court room fully awake with his line of questioning and antics. When Archie was trying to respond to questions. De Lima responded, “Not so fast, pause!”  Then he asked, “Where the diary gone? All four gone?” bringing more laughter to the court. “If it wasn’t so important, it wouldn’t be so funny,” De Lima added.

When told by Archie that she did not have the diaries, De Lima asked, “You afraid of the diaries?”  Before hearing ended, Solomon said that instructing attorney Devesh Maharaj wrote to the Director of Public Prosecutions (DPP) on July 1 seeking information with respect to scraps of paper with the names of  the foreign experts who assisted the Bureau in Trinidad. The acting DPP Carla Brown-Antoine responded, saying that the scraps of paper were no longer in existence. She stated that the paper was destroyed and there was no evidence when it was done. Solomon, however, wanted to know when the documents were destroyed and by whom. He said the defence would like to cross-examine those persons who destroyed the paper.

“We were told there are no diary entries. We are asking for the diaries to be brought in court so we can put them into evidence. “The need for those diaries to be produced is enhanced because of the evidence of Archie, who has lost her pocket diary.” He continued, “We are entitled to show that the procedure to be followed was not followed.” Peterson said he had no objections to the defence inspecting the diaries. Hearing was adjourned to today. 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 Limited (NCL); Amrith Maharaj, financial comptroller of NCL; John Henry Smith, CEO of Maritime General Insurance Company; Steve Ferguson, chairman of Martime Group of Companies; Barbara Gomes, company secretary; businesswoman Renee Pierre; Maritime General Insurance Company; NCL; and Fidelity Insurance and Leasing Company Limited.