-magistrate’s written decision still being awaited
Attorney-at-law Anil Nandlall says that he is still awaiting Magistrate Priya Sewnarine-Beharry’s written decision before proceeding with an appeal in the Buddy’s Fuel case.
“I am not aware that the magistrate has written her reasons as yet”, Nandlall told Stabroek News when contacted on the matter. He pointed out that when the magistrate does this and he accesses her ruling, he would submit his reasons for appeal to the High Court. He said that he had requested that he be notified as soon as the magistrate had submitted her written decision but so far there has been no notification.
Back in April, the Guyana Energy Agency (GEA) appointed-prosecutor had told this newspaper that he intended to appeal the decision in the matter and had already filed a notice of appeal in the High Court. At the time, he said that he had not yet submitted the grounds for the appeal as he was awaiting the written decision of the Magistrate and would do so as soon as he is in receipt of it.
In March, after more than two years in the courts, the case against the 11 accused in the $6M Buddy’s fuel bust was
discharged by Magistrate Sewnarine-Beharry at the Providence Magistrate’s Court. In her ruling, the magistrate had described the case as presented by the prosecution as “water fetched in a basket” and said that it was replete with errors.
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 had been jointly charged with possession of fuel at Buddy’s farm at Coverden without the relevant marking in the right proportion and possession of illegal fuel in a quantity exceeding 2,000 litres without a licence.
Businessman Omprakash `Buddy’ Shivraj, on whose property the alleged illegal fuel was found was charged with possession of illegal fuel and storage of illegal fuel. The trial of the ten accused and Shivraj were merged. One of the main witnesses in the case, former head of the GEA, Joseph O’Lall has since died.
