Accused treated unfairly, says Newman

During his cross-examination of Albert Alkins, Registrar of the Integrity Commission, Newman told Chief Magistrate Sherman Mc Nicolls that the decision to charge Panday was a political one. He said this was so because Panday was the Leader of the Opposition and that the charges were laid one month before general elections. He said Panday was not treated equally.

Newman said although the members and staff of the Commission were sworn to secrecy, he said there was a massive leakage of information to the media on the Panday file.

From the beginning of the cross-examination, it was evident that Newman was seeking to show that Panday was singled out for prosecution, while many others failed to file declarations or made false declarations. Alkins admitted that over the years, the Commission experienced problems in getting persons to file declarations. Newman took Alkins through various reports of the Commission. Starting with the 1990 report, Alkins revealed that only five declarations were filed, while three were not.

In 1991, five persons filed and five did not.

Dealing with 1995, Alkins said not many filed, but they did so when they were reminded.

NEWMAN: Isn’t it correct that not a single person has been prosecuted for not filing a return?

ALKINS: I am not aware of any.
The Registrar said that by December 31, 1995, 18 persons had not filed.

NEWMAN: Can you say if any one was reported to the DPP?

ALKINS: I can’t say. The Commission made reports to the DPP
With respect to 1996, 17 percent had filed their declarations on time. In 1997, 23 persons had filed, just one third of the persons required to file.

NEWMAN: But there are persons who have not filed returns and no action has been taken against them, am I right?

ALKINS: The Commission did what it was required by the Act to do.

NEWMAN: Are you aware of people dealing with large sums of money, simply because they have not filed?

ALKINS: No.

NEWMAN: Is it the policy of the Integrity Commission to try to be conciliatory and not to rush in to get someone prosecuted?

ALKINS: Yes. If someone insists on not filing, we will report it to the DPP.

Alkins said the Commission published in the Gazette the names of the persons who did not file, but that did not help. He said by 2004, 43 persons had failed to file over the previous five years.

Newman then turned to the confidentiality of declarations. He said while the declaration of income and assets was confidential, he wondered if any journalist could go down to the UTC building and look at the Statement of Registrable Interests.

Alkins said yes. He also stated that no one has been prosecuted for making a false Statement of Registrable Interests, or not filing at all.

He said there were lots of cases where the Commission wrote to persons to explain certain things. Newman then gave Alkins homework to produce to the court when hearing resumes this morning.

NEWMAN: Look at the Statement of Registrable Interests for John Jeremie. Did he omit, or was he reminded, or did he remember houses and land he owns in Westmoorings. That is an expensive part of Trinidad? Glenda Morean was required to file a Statement of Registrable Interest for 2003, and she has completely failed to do so.

Kenneth Gordon of First Citizens, he was required to file for 2004. Did he fail to file?
Ronald Nurse?

Cassel objected, but Newman said Panday had been singled out while other persons who defaulted, no penalty was imposed on them.

He continued, “Renee Monteil, not filed for 2003 and 2004, nothing happened to her. Aleem Mohammed, chairman of TIDCO, not submitted for 2003 and 2004. David O’Brien of TIDCO, not registered for 2003 and 2004. Anthony Aboud, director of the Business Development Company, nothing for 2003/2004.

Newman then asked Alkins if Panday ever declared his London bank account prior to 1997.

Alkins paused and said he needed to get advice from counsel because it is an offence to divulge information which does not form part of the proceedings. But he was told he could do so by Mc Nicolls. Alkins said Panday had not.