Gangar wins-loses at High Court

Yesterday, Justice Nolan Bereaux, presiding in the San Fernando Civil Court, on the one hand ruled that Espinet was wrong to have Gangar tried separately for failing to declare the bank accounts to the Integrity Commission.

Gangar, an engineer of South Oropouche, is charged with failing to declare the bank accounts for the years ending 1998 and 1999. The charges were laid against him on June 4, 2004.

Bereaux in his ruling announced that Espinet’s decision to have a separate trial of both charges, was illegal and irrational. In a written judgment, Bereaux stated, “in my judgment, the magistrate having ruled that there was no legal impediment to hearing both charges together, fell into error in deciding that they should be heard separately because of their seriousness.”

“I Justice Bereaux order that both charges be heard at the same time,” the judgment continued. Gangar’s attorneys argued that the summary charges were null and void, since the State failed to initiate them within six months of the date alleged offences.

In his judgment, Bereaux on the other hand, agreed with Espinet’s decision that two criminal charges preferred against Gangar were not statute barred. The State was ordered by Bereaux to pay only half of Gangar’s legal costs.

Attorneys Fyard Hosein SC, Rajiv Persad, Prakash Ramadhar, Brian Debideen and Sunil Gopaul-Gosine, represented Gangar. Attorneys Douglas Mendes SC and Brandon Primus appeared for the State.

Bereaux’s ruling caused the case which is being heard in the Port-of-Spain Magistrates’ Court to be adjourned since Gangar’s attorneys were awaiting the ruling at the San Fernando High Court.

When the matter was called before Espinet at the Port-of-Spain First Court yesterday, attorney John Heath informed the magistrate of the defence’s position and she adjourned the matter to August 10, for mention.

According to Espinet, the judicial review judgment could affect whether or not the court went on with the matter for which Gangar was before her.

The judgment, which was reserved on March 23, was supposed to be delivered by Bereaux yesterday morning.

Gangar is charged with failing to declare to the Integrity Commission, bank accounts held in his name and that of his wife Maureen in New Jersey, Channel Islands, New York and San Fernando for the years 1998 and 1999.

Attorney Sabrina Doughdeen appeared for the State.