Panday stops his trial... for now

Panday is challenging the decision of Chief Magistrate Sherman Mc Nicolls, who on Thursday dismissed submissions by the defence. The defence wanted Mc Nicolls to dismiss the three charges brought by the State against Panday for failing to declare his London bank accounts to the Integrity Commission for the years 1997, 1998, and 1999.

Hours after Mc Nicolls dismissed the submissions, Panday’s attorneys filed an application for leave for judicial review. Mc Nicolls, presiding in the Port-of-Spain Eighth Magistrates’ Court, fixed yesterday to start the trial.

When the case was called before him yesterday, Desmond Allum SC, one of Panday’s lawyers, informed the court of the judicial review case which had been filed and was listed for hearing in the High Court. He asked that the criminal trial be put off so the lawyers can pursue the judicial review case.

British Queen’s Counsel Sir Timothy Cassel resisted, saying there was no order to stop the trial. He asked that the trial proceed. But Mc Nicolls said he needed to give the High Court the opportunity to deal with the judicial review case. He then adjourned the trial to Monday.

The scene shifted to the Port-of-Spain High Court where Justice Jones was sitting. Fyard Hosein SC, who represented Panday, told the court that there were four grounds which he wanted to argue.

He said Mc Nicolls failed to give them reasons for his decision on Thursday. "When we asked him for the reasons yesterday, he gave no reasons," Hosein added.

Hosein said another ground for submission was the fact that Panday’s appeal on his constitutional motion was listed in the Privy Council on February 16. He said the appeal deals with important issues raised by him before the Chief Magistrate.

Hosein pointed out that the Chief Magistrate had no jurisdiction to hear the charges against Panday. He said the charges were filed with the Integrity Commission long after the deadline had passed and, therefore, Panday had nothing to answer.

Douglas Mendes SC, who represented the State, said the matter had a long history. He said the case had been before the Magistrates’ Court since 2002. Mendes said Panday challenged the constitutionality of the charges laid against him. That, he added, occupied the High Court’s time between 2003 and September 2005.

Mendes said after the Court of Appeal dismissed Panday’s constitutional motion, the criminal case came up on two more occasions before the Chief Magistrate. He said on the last working day before the trial date on January 9, Panday filed a petition for leave in the Privy Council. Mendes, leading Stuart Young and Michael Quamina, said the State has been ready and has brought foreign counsel to prosecute. He also pointed out that foreign witnesses were flying into Trinidad today to testify. Jones granted a stay of the criminal proceedings pending the determination of the application for leave which will be heard at 10 am on Monday.