Gangar’s attorneys move for disclosure
The presiding magistrate in the Finbar Gangar Integrity Commission matter will rule on submissions made by attorneys representing Gangar, who have requested that the prosecution make available to them all disclosable material. Attorney Rajiv Persad, who is representing the former Government minister, made the submission yesterday when the matter came up for hearing at the Port-of-Spain First Magistrates’ Court. Gangar is charged with failing to declare bank accounts held in his name and that of his wife Maureen to the Integrity Commission. The alleged accounts were in Jersey, Channel Islands, New York, and San Fernando, for the years 1999 and 2000. According to Persad, the documents they are requesting from the prosecution are for matters concerning a preliminary issue which is likely to arise. "We are not seeking the documents for the trial itself, but to make further submissions. We see this as an abuse of process," Persad said yesterday. However, prosecution attorney Dana Seetahal was adamant that the prosecution had disclosed all it wished to the defence attorneys representing Gangar. In response to the submission made earlier, Seetahal said the prosecution is not prepared to disclose all materials to Gangar’s attorneys as she believes they are not relevant to the defence’s case. "The prosecution understands that the defence has not been able to obtain the documents from the bank and the Integrity Commission as soon as they would have liked, but this does not fall under an abuse of process on the prosecution’s part. "Besides it not being relevant, the document they are asking for is confidential. However, during the course of the trial, if the document does become relevant, then disclosure is an ongoing process," Seetahal submitted. After Seetahal’s response, Persad asked Magistrate Ejenny Espinet to order that the State disclose all documents relevant to their client’s case. The magistrate will rule on submissions made during yesterday’s proceedings, and also set a date for trial on December 13.
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"Gangar’s attorneys move for disclosure"