Post by Djedi Maaur on Feb 20, 2008 17:06:48 GMT -5
Panday to face retrial
Privy Council throws out London bank account appeal
Darren Bahaw and Jensen La Vende
Wednesday, February 20th 2008
Opposition Leader Basdeo Panday will face a retrial on charges of failing to declare a London bank account to the Integrity Commission for three consecutive years while he held office as prime minister.
The decision follows a ruling yesterday by five Law Lords in the Privy Council, which dismissed Panday's appeal. The Law Lords had set aside two days to hear submissions, but threw it out after about three hours of arguments.
The retrial comes up for hearing again before a Port of Spain magistrate on April 15.
Panday was convicted and sentenced to two years in jail in April 2006 by Chief Magistrate Sherman McNicolls, but the Appeal Court, comprising Justices Margot Warner, Ivor Archie (now Chief Justice) and Paula-Mae Weekes, overturned the decision on the basis of an apparent bias on the part of the presiding magistrate.
The Privy Council upheld the decision of the local Appeal Court, which had also ordered Panday to face a retrial, but his lawyers believed they could have convinced the Privy Council to strike down the prosecution, on the basis that the charges were laid outside the six-month time limit among other complaints.
The ruling will impact on a separate appeal now before the Privy Council filed by former UNC energy minister Finbar Gangar, who is also before the magistrate's court charged with failing to declare several foreign accounts to the Integrity Commission.
Ironically, Panday and his wife, Oma, were also busy attending a local court yesterday, on a separate charge of receiving a £25,000 bribe from businessmen Ishwar Galbaransingh and Carlos John. He wants the magistrate hearing the case to step down on the basis of apparent political bias.
However, Senior Magistrate Ejenny Espinet yesterday refused to hear any further evidence on the issue, although the State was willing to call Roman Catholic priest, Fr Clyde Harvey, to prove that an organisation the magistrate was affiliated with was a charitable body.
Harvey is the chairman of the Morris Marshall Development Foundation and Espinet is listed as one of the trustees.
Espinet has also been assigned the other case relating to Panday, and has refused requests from the State and defence to step down.
Panday and his wife are charged with receiving £25,000 from John and Galbaransingh as a bribe to favour Galbaransingh's Northern Construction Ltd in the tendering process for Piarco Airport. Galbaransingh and John, a former UNC government minister, are charged with giving the Pandays £25,000 back in December 1998. The bribery matter has been adjourned to March 19, when Espinet would give her ruling on the matter.
Privy Council throws out London bank account appeal
Darren Bahaw and Jensen La Vende
Wednesday, February 20th 2008
Opposition Leader Basdeo Panday will face a retrial on charges of failing to declare a London bank account to the Integrity Commission for three consecutive years while he held office as prime minister.
The decision follows a ruling yesterday by five Law Lords in the Privy Council, which dismissed Panday's appeal. The Law Lords had set aside two days to hear submissions, but threw it out after about three hours of arguments.
The retrial comes up for hearing again before a Port of Spain magistrate on April 15.
Panday was convicted and sentenced to two years in jail in April 2006 by Chief Magistrate Sherman McNicolls, but the Appeal Court, comprising Justices Margot Warner, Ivor Archie (now Chief Justice) and Paula-Mae Weekes, overturned the decision on the basis of an apparent bias on the part of the presiding magistrate.
The Privy Council upheld the decision of the local Appeal Court, which had also ordered Panday to face a retrial, but his lawyers believed they could have convinced the Privy Council to strike down the prosecution, on the basis that the charges were laid outside the six-month time limit among other complaints.
The ruling will impact on a separate appeal now before the Privy Council filed by former UNC energy minister Finbar Gangar, who is also before the magistrate's court charged with failing to declare several foreign accounts to the Integrity Commission.
Ironically, Panday and his wife, Oma, were also busy attending a local court yesterday, on a separate charge of receiving a £25,000 bribe from businessmen Ishwar Galbaransingh and Carlos John. He wants the magistrate hearing the case to step down on the basis of apparent political bias.
However, Senior Magistrate Ejenny Espinet yesterday refused to hear any further evidence on the issue, although the State was willing to call Roman Catholic priest, Fr Clyde Harvey, to prove that an organisation the magistrate was affiliated with was a charitable body.
Harvey is the chairman of the Morris Marshall Development Foundation and Espinet is listed as one of the trustees.
Espinet has also been assigned the other case relating to Panday, and has refused requests from the State and defence to step down.
Panday and his wife are charged with receiving £25,000 from John and Galbaransingh as a bribe to favour Galbaransingh's Northern Construction Ltd in the tendering process for Piarco Airport. Galbaransingh and John, a former UNC government minister, are charged with giving the Pandays £25,000 back in December 1998. The bribery matter has been adjourned to March 19, when Espinet would give her ruling on the matter.