Stop the Piarco probe now

SENIOR COUNSEL Fyard Hosein caught everyone by surprise yesterday when he called on Chief Magistrate Sherman Mc Nicolls to stay the proceedings in the Piarco Airport Corruption Inquiry on the ground of abuse of process. Hosein said Justice Peter Jamadar had ruled in favour of Northern Contruction Ltd in a constitutional motion that a warrant to search its premises at Savonetta was illegally and unlawfully obtained. According to Hosein, that amounts to an abuse of process. “The court should take a dim view of this,” Hosein told the Chief Magistrate. Hosein supported Desmond Allum SC in his claim that the search warrant, which was obtained illegally, should not be tendered into evidence, along with documents seized as a result of that warrant. “The court has to protect its integrity and the rule of law, therefore I am asking you to stay the proceedings in the interest of justice,” Hosein added.

He continued, “The bottom line is that the finding of the judge stands and a finding which binds this particular court. You have the power under the Indictable Offences (Preliminary Inquiry) Act to prevent this abuse of process.” Hosein asked the Chief Magistrate not to sanction the “inappropriate and unconstitutional behaviour of Senior Supt Maurice Piggott” whom he said misled the court when he went to a judge to obtain the warrant to search the premises of Northern Construction Ltd. In his submissions, Allum said this inquiry has brought out from the witness box suppression of evidence, as well as witnesses who in a cavalier manner pretend forgetfulness or a lack of understanding. He said even Corporal Joanne Archie, in her evidence, stated that even if she had known about the illegal warrant, she would have been a willing participant in the execution of such a warrant once she was directed to do so.

Allum said the prosecution was seeking to put warrants and documents derived from a search which was obtained pursuant to an illegal, unconstitutional provision of the law into evidence. He asked the court to take into account Justice Jamadar’s ruling. Apart from the warrants, Allum said the court must take into account the conduct of the police officers in the actual execution of the warrant. He said two officers gave evidence at the inquiry but conveniently left out their role in the search. Allum pointed out that Northern Construction Ltd has a judgment from the High Court. He said this must weigh heavily in favour of his client. He said there is no longer the common-law of this land that a court has no discretion to reject illegally obtained evidence. Allum said it is now open to the criminal court to take the breach of constitutional rights into account in determining whether to admit such evidence.

When hearing resumes this morning, the State will respond to the submissions. 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 Ltd (NCL), Amrith Maharaj, financial comptroller of NCL; John Henry Smith, CEO of Maritime General Insurance Company; Steve Ferguson, chairman of Maritime Group of Companies; Barbara Gomes, company secretary’ businesswoman Renee Pierre; Maritime General Insurance Company, NCL, and Fidelity Insurance and Leasing Company Ltd.