The government will lead its defence on July 25, when the $2 million lawsuit filed by former New Building Society (NBS) chief executive officer /secretary Maurice Arjoon continues.
Arjoon, who was among several persons charged with a $69 million fraud committed at the institution in 2007 moved to the High Court seeking damages after the case was dismissed against him in November 2010.
Arjoon in his statement of claim said he was charged “maliciously and without reasonable or probable cause,” for which he is seeking special damages – $1,041,599 for lost of employment; $642,744 for loss of allowances; and $496,664 for loss of pension, all calculated for a period of 42 months during which he lost employment. Arjoon is also seeking damages in excess of $50,000 for malicious prosecution and indictment for the charge of conspiracy to defraud as well as damages in excess of $50,000 for false imprisonment on or about July 1, 2007.
The statement of claim added that then attorney general Charles Ramson SC, who is named as defendant, “caused and procured the commencement of a preliminary inquiry against the plaintiff (Arjoon).” It was noted too the Arjoon was terminated from his employment as a result of the institution of charges and as a consequence suffered loss and damage.
When the case was called yesterday before Justice Dawn Gregory-Barnes, Attorney for Ramson, Nareshwar Harnanan, who is the deputy solicitor general, said that the second witness in the case Mohammed Bacchus will no longer be cross-examined since the depositions from the Magistrate’s Court have been handed over.
Bacchus who is in charge of the operations at the Georgetown Magistrate’s Court was absent at yesterday’s proceedings and Harnanan asked for him to be excused.
Bacchus had previously given his evidence in chief and was to be cross examined by the defence. “We don’t require him any further,” Harnanan told the court.
Meanwhile one of Arjoon’s attorneys, Latoya Hobbs-Nurse later said that she was closing the case in the light of Harnanan’s submission.
Harnanan then requested a two to three-week adjournment to prepare his defence.
Arjoon and Amarita Prashad were freed of the allegations by Magistrate Fazil Azeez on November 29, 2010 on the grounds of insufficient evidence.
The other defendants in the case, Kissoon Baldeo, Kent Vincent, Ashley Legall, Imran Bacchus and Mohanram Shahebudin also subsequently had the charges against them dismissed.
The fraud case comprised four separate preliminary inquiries. Over time, they were each dismissed for insufficient evidence.
The virtual complainant, Bibi Khan, from whose account the money was allegedly withdrawn without notice, failed to attend court hearings.
She had appeared during the first PI, where she had given evidence but defence lawyers were later unable to complete their cross-examination of her.
The final case was dismissed on October 12, 2011 last by acting Chief Magistrate Priya Sewnarine-Beharry, after the prosecution admitted that it would be difficult to make a case without the testimony of the complainant. Khan is reportedly living in Canada.
