Initially, four indictable charges were laid in relation to the multi-million dollar fraud and each is to be heard separately. One of the matters has since been discharged, while another has started and evidence in still being taken.
On Thursday, a new witness, police inspector Simeon Reid, who is attached to the fraud section of the Guyana Police Force, took to the stand to give his evidence-in-chief. Reid’s testimony comes after that of Atma Rajaram, the internal audit manager, who still has to be cross-examined by the team of lawyers representing former Director-Secretary Maurice Arjoon, assistant Mortgage Manager Kissoon Baldeo, Operations Manager Kent Vincent, Ashley Legall, Imran Bacchus, Amrita Prashad, and Mohanram Shahebudin. The PI will continue on March 2.
During Thursday’s proceedings, attorneys Roger Yearwood and Nigel Hughes, who represent Prashad and Arjoon, respectively, questioned when their clients’ cases would be heard. Yearwood submitted that the matter has been before the court for four years and he will be forced to take steps if the prosecution cannot give an indication as to when his client’s matter will begin.
Magistrate Fazil Azeez, who is presiding over the case, explained that all the PIs cannot be done together. He indicated to the lawyer that he “has to do what he has to do” and if he (the lawyer) so desires then “do what you have to do.” Azeez further said that the matter has been moved from one court to the next and he is trying to get it completed.
Later, after Hughes made a similar submission as Yearwood, the other lawyer and the special prosecutor, Sonia Parag agreed to start a new PI on March 15. This would mean that there would be two parallel PIs being conducted on different days, leaving only one PI to be completed.
Originally, Arjoon, Baldeo and Vincent were charged with conspiracy to defraud the NBS of $69 million. In October 2007, shortly after the matter was brought before the court, Director of Public Prosecution (DPP) Shalimar Ali-Hack ordered that the charges be withdrawn against the trio and reinstituted together with charges against Legall, Bacchus, Prashad and Shahebudin.
The defendants are accused of withdrawing millions of dollars from the Savings and Prosper Account of Bibi Khan by way of cheques.
Shortly after the reinstitution of the charges, lawyers for the managers filed a motion in the High Court before Justice Jainarayan Singh Jr, asking that the court prohibit the DPP, the Commissioner of Police or any of his servants from reinstituting any new charges against them.
The High Court matter, which was brought by Arjoon, Vincent and Baldeo had earlier delayed the progress of the PI for sometime, was subsequently withdrawn.