After a year of investigation, 14 persons, including current and former Customs and Trade Administration employees and two brokers, were yesterday charged over a multi-million dollar ‘Polar Beer’ fraud at customs.
In a four-hour hearing before acting Chief Magistrate Melissa Robertson at the Georgetown Magistrate’s Court, a total of 72 individual and joint charges, ranging from fraud and forgery and conspiracy to commit a felony, were read to fourteen of fifteen defendants, while lawyers for the accused questioned why the head of Fidelity Investments Limited was not among them.
The charges were laid almost four months since a special task force, headed by the Auditor General Deodat Sharma, recommended criminal charges. Director of Public Prosecutions Shalimar Ali-Hack had been reviewing the task force report, which urged charges against a top Fidelity Investment official, a broker and fourteen CTA employees said to be complicit in the fraud.
Among those charged yesterday were brokers Rajendra Rajcoomar, 42, of 73 B Non Pareil, East Coast Demerara (ECD) and Samantha Sam, 30, of 32 East La Penitence, who are alleged to have played a central role in the scam. Rajcoomar was read 46 charges, while Sam was read 37 charges. Also charged were: Michelle Matthias, 31, of 538 Aubrey Barker Road, South Ruimveldt; Rhonda Glad, 29, of 7 East La Penitence; Karen Bobb-Semple, 25, of 112 Melanie Damishana, ECD; Simone Herod, 41, of 226 BB Eccles East Bank Demerara; Roopnarine Ramkishan 48, of 118 Patentia, West Bank Demerara; Ausya Greenidge, 35, of 531 Section A, South Sophia; Joshoda Mohamed, 49, of 68 West Half D’Anrade Street, Newtown Kitty; Anthony Gildharie, 32, of 7 Field 7 South Cummings Lodge, Sadish Petamber, 27, of 78 Da Silva Street, Newtown Kitty; Vicky Sooknandan 31 of 54 Middle Road La Penitence, Rabindra Ramsaran and 31-year-old Satish Basdeo of 25 Crane Village West Coast Demerara.
They were not required to plead to the indictable charges and were granted bail according to their charges. Another woman, Ann Noel, was also charged but did not appear and the court was told she was not aware of the date required of her to attend.
Rajcoomar was slapped with 13 fraud charges for allegedly forging invoices and customs declarations in favour of Kong Inc, between September 2006 and October 2007, purporting that they were for assorted drinks and aerated beverages. The man was additionally slapped with eight counts of forgery, in a joint charge with Sam, with whom he is accused of forging documents of customs declaration, purporting that they were for assorted drinks, between June and December 2007. Additionally, the duo was jointly charged with 13 counts of forgery, for forged customs declaration forms in favour of Kong Inc on October 29, 2007.
Sam had four additional counts of forgery, shared jointly with Matthias. It is
alleged that between October and November 2007, she and Matthias forged customs forms in favour of Kong Inc. Matthias also faces 17 counts of forgery for allegedly forging assessment notices between October 29 and November 5, 2007, to a customs declaration form purporting to show that that valuation was done by an officer of the section of customs.
Rajcoomar, Sam, Matthias, Glad, Bobb-Semple, Herod and Ramkishan were further charged with conspiracy to commit a felony for allegedly conspiring together and with person or persons unknown to be knowingly concerned in fraudulent duties of customs in relation to polar beers. Rajcoomar, Sam, Matthias, Glad and Ramkishan, Greenidge and Mohamed were also charged with conspiracy to commit a felony for allegedly conspiring with each other and with a person or persons unknown to defraud customs of import duties in relation to polar beer, from September 27 to October 1, 2007. Rajcoomar, Sam, Matthias, Glad, Ramkishan, Greenidge and Mohamed were charged along with Gildharie, Petamber, Noel, Sooknandan, Ramsaran and Basdeo for conspiracy to commit a felony. It is alleged that from July 19 to September 18, 2007, they conspired with each other and with person or persons unknown to commit fraud on import duties of customs in relation to polar beer.
Exclusion
Attorneys Vic Puran, Nigel Hughes, Glenn Hanoman, Leslie Sobers, Chandrawattie Persaud and Tanya Warren were among the lawyers for the accused.
Puran told the court that the claims and charges brought against the defendants are bad in law. Like the other defence lawyers, he questioned the reason for the defendants being charged alone with the exclusion of the head of Fidelity Investments. According to Hughes, to ensure a fair and impartial dispersal of justice, the head of Fidelity should have been charged also. In forceful arguments, Hughes added that it was Fidelity Investment who would have benefitted and not the “small man” [referring to those charged]. Puran and Hughes explained that it is the “big cats” that would have options as well as ways and means of punching loopholes in the system and not the ordinary staff who sit at the bottom of the administrative chart of the GRA.
Prosecutor Bernard De Santos SC, however, rebutted the arguments put forward by the defence as the heated debate continued. He explained that according to painstaking and thorough investigations, it is not the “big cats” that were seen to be on the errant side, but rather the “lambs.” “Madam,” he explained, “it is these same little lambs, to which my learned friends of the defence refer, who are involved in the skulduggery. They have been given brains, but instead of using their brains to execute their duties with honesty they have decided to put them to the use of conducting scams.” They have options too, he said, adding that as the case progresses, it would show that their signatures are on documents, clearly incriminating them.
The other issue raised by the defence was posed by Puran who suggested to the court that De Santos not make an appearance as prosecutor in the case, since he has too many affiliations with Fidelity Investments, with potential for a miscarriage of justice. Puran added that many political overtones are involved in the matter which would make it very difficult for justice to prevail, given De Santos’ political and governmental attachments to the case.
De Santos, however, explained to the court that the proposal by the defence is baseless and without any legal merit. According to him, “I have nothing to do with Fidelity. I am a lawyer and was asked to do a lawyer’s job and will do just that in fairness and it will soon be brought to clear view that the defendants in this matter are all involved in one way or the other.” He explained further that “I come to this case with no political baggage.”
Re-emphasising that the case is a highly political one, Puran made an application for the preservation of evidences in the case; making particular reference to the camera used at Customs House at the time of the alleged commission of the crime as well as the preservation of the facility in preparation for the defence. He asked also that all documents at John Fernandes Limited related to the case, be preserved as well. Bernard responded by explaining to the court he can give an undertaking for the evidence not to be destroyed but added that he cannot honour an application for the preservation of evidence at John Fernandes, since it is a private company.
At the end of the hearing, with much sighs of relief from exhaustion around the court room, the defence lawyers then made bail applications on the grounds that their clients pose no risk of flight and have been cooperating with police investigations. They asked also that their clients be placed on bail in reasonable amounts, since most of them had been dismissed from the GRA and were unemployed.
Senior Council De Santos, though he had no objection to bail, told the court that the defendants should be placed on bail in substantial amounts.
Rajcoomar and Matthias were both subsequently placed on bail to the tune of $600,000 while Sam was granted bail in the sum of $400,000 and $95,000 bail was granted to Basdeo since he had only one charge against his name. All the other defendants were placed on $200,000 bail. They are to return to court on June 24.
