The Buddy’s fuel trial was adjourned at the Providence Magistrate’s Court yesterday to allow the prosecution to respond to particular issues raised by the defence.
Yesterday’s date had been set for Magistrate Priya Sewnarine-Beharry, who is hearing the matter, to rule on the no-case submissions made by the defence but when the matter was called yesterday she stated that as Guyana Energy Agency (GEA) prosecutor Anil Nandlall had not responded to particular issues raised by the defence, out of an abundance of caution she would give him an opportunity to do so.
On the previous occasion when the matter was heard, Nandlall had submitted that no-case submissions can only be made on specific and defined grounds. He had cited several authorities which outlined when and on what basis a no-case submission can be made and had argued that at the no-case submission stage, the issue that must be addressed is the strength or weakness of the evidence adduced. He said that several of the defence submissions had not addressed this. “I will therefore not treat with the merits of those submissions unless your worship expressly orders me to do so”, he had stated.
Defence counsel Glenn Hanoman was present at court yesterday while Nandlall was absent and the magistrate stated that Nandlall had failed to address particular issues raised by the defence and he should have done so. She said that she would therefore give him an opportunity to do so and adjourned the matter.
Shortly after, however, just as Hanoman was leaving another of the GEA’s counsel, Jaya Singh arrived and informed the court that Nandlall had been called to the High Court and she would inform him of the development.
On trial are Deonarine Singh of 104 Collingswood, Nandy Park, EBD; Wazir Mohamed of 28 North Road, Bourda; Clement Huntley of 39 Wisroc, Linden; Fitzgerald London of 494 Canvas City, Linden; Sanicharran Ramgolam of Number 64 Village, Corentyne; Ceezann Vandelwin of the Pomeroon River; Errol Prince of 43 Garnett Street, Kitty; Joseph Allen of Diamond Squatting Area, EBD; Ramsahai Basdeo of Lot 101 Cornelia New Housing Scheme and Osbern Richards of Supenaam, Essequibo Coast, who were jointly charged with possession of fuel without the relevant marking in the right proportion and possession of illegal fuel in a quantity exceeding 2,000 litres without a licence.
It has been over two years since the alleged illegal fuel was discovered in a GEA operation. The agency said that acting on information received officials visited the Buddy’s Farm around 10 pm on September 27, 2005. When they arrived, the ten defendants were seen offloading fuel from a trawler named Ashley S into drums. A fuel tanker, it is alleged, was already filled. Tests were carried out on the said fuel and it was allegedly found to be illegal. The men were subsequently arrested and charged. The trial of the ten accused and the trial of businessman Omprakash `Buddy’ Shivraj on whose property the alleged illegal fuel was found, have been merged. Hanoman and attorney-at-law Vic Puran are representing the defendants.
Since the trial began it has been hit by several delays for various reasons and last month former GEA head, Joseph O’Lall, who had testified in the matter was removed from his post.
