-prosecution seeking key witness
Magistrate Hazel Octive Hamilton last Thursday adjourned the trial of Fred Sukhdeo for the US$2 million GuyFlag insurance fraud allegedly committed on the Sacred Heart Church, to allow the prosecution to locate a key witness who is based in Barbados.
No new evidence has been taken in the case since CID officer Inspector Trevor Reid took the stand in March. The case has been in the trial stage for three years.
In March, Reid had told the court that on October 20, 2005 he received a copy of the fire and perils form by way of fax from Gregory Aiden, who was in Barbados. Because the document was not the original, objections were raised and the magistrate was forced to adjourn the case so that the prosecution could seek advice regarding the document.
When the case was called last Thursday, prosecutor Shellon Daniels requested that the matter be put down sine dine (indefinitely) as she was making efforts to get Aiden to bring the original document. The request was later granted by the magistrate.
Once Aiden has been located, notices will be sent to the parties involved in the case so that it can once again move forward.
Sukhdeo is accused of being the mastermind behind the insurance scam committed on the Church, which was destroyed by fire on Christmas Day, 2004. It is alleged that on December 29, 2004, Sukhdeo, with intent to defraud forged a document purporting to be a GuyFlag fire and perils claim for US$2 million ($400 million) for the Sacred Heart Roman Catholic Church. Sukhdeo is also accused of trying to obtain the said sum of money by virtue of a forged fire and perils claim form.
According to the facts of the case, GuyFlag submitted a bogus claim for payment to its reinsurance agent AON Re and Sukhdeo, who was the head of the sister operation, the National Cooperative Credit Union Limited, was presented as a representative of the church dealing with the fire. It was when GuyFlag/Sukhdeo allegedly approached a claims adjuster here that the alleged scam was discovered. He was arrested on November 17, 2005 and placed on $50,000 station bail.
Following further police investigations he was charged with forgery and endeavouring to obtain upon a forged document in March 2006 and released on $75,000 bail.
Over the years, the case had been hit by many adjournments causing a delay in its progression.
In one instance there was an adjournment when the magistrate announced that she was giving priority to a narcotics matter since the defendants in the matter were on remand. Then, another date was given when none of none of Sukhdeo’s lawyers turned up. The no show of witness was also a problem for the prosecution.
On several other occasions an application for the position of special prosecutor stalled the trial.
Two lawyers, Nigel Hughes and Gino Persaud, had applied to the Director of Public Prosecution for the position without success. Attorneys-at-law Sanjeev Datadin and Winston Murray are representing Sukhdeo.