Appeal causes adjournment of airport case

AN APPLICATION by the state to review a decision previously made by Chief Magistrate Sherman McNicolls in the Airport Authority fraud case caused another adjournment in the matter yesterday.

Former Minister of Finance Brian Kuei-Tung, Former Minister of National Security Russell Huggins, Ishwar Galbaransingh, Amrith Maharaj, Steve Fergueson, John Smith, Renee Pierre, Barbara Gomes, are jointly charged with Maritime Fidelity Finance and Leasing Company, and Northern Construction Limited (NCL), with conspiring to defraud the Airport Authority of over $19 million by false pretenses between July 26 and December 21, 2002.

Roy Holford led the defence in the absence of Karl Hudson-Phillips QC, who is to be sworn in as an ICC Judge in Holland today. Holford said an application was made to review the decision of the Chief Magistrate, which stated that the prosecution must give to the defence, a list of all the documents and materials they intend to use in the preliminary inquiry. He added that the Court of Appeal will decide on the application on April 28. He asked the magistrate to adjourn the matter to a date following the outcome of the appeal. However, defence counsel for Smith and Gomes, Frank Solomon SC, said there was no need to adjourn the matter as the proceedings before the Court of Appeal were not sealed.

He said the defence was willing to proceed with the matter and the prosecution should call its witnesses. Holford replied that it would be an “exercise in futility” to proceed with the matter. Magistrate McNicolls said it might be premature to allow the Court of Appeal to rule on the application and then disturb the proceedings of the inquiry. He adjourned the matter to May 5 for mention pending the decision of the Court of Appeal.