Magistrate Fabayo Azore yesterday ruled that the court could proceed with the trial of former Public Service Minister Jennifer Westford and ex-ministry personnel officer Margaret Cummings for charges of forgery and attempted larceny.
Magistrate Azore’s ruling was based on a submission by the defence for the charges against Westford and Cummings to be stayed. Magistrate Azore held that the defence’s argument that an executive abuse of power had occurred was an issue that could only be addressed at the High Court level.
The charges against Westford allege that between July 17, 2014 and June 23, 2015, while being employed as a public servant by the Government of Guyana, she attempted to transfer several government owned vehicles to herself and others. These persons included her husband, Gary Beaton, as well as Wayne Walker and Delroy Lewis. Cummings, meanwhile, was charged with forging several receipts to show that the vehicles were purchased by Beaton, Walker, Lewis and Westford between July 18, 2014 and April 15, 2015.
Both women have pleaded not guilty.
In December, defence attorney Neil Boston argued that State Minister Joseph Harmon’s public announcement of an amnesty in relation to the return of government vehicles justified an indefinite stay in the case.
However, prosecutor Bharat Mangru submitted that no amnesty had been granted and that although the core of the defence’s argument is that an executive abuse of power has occurred, the Magistrate’s Court has no jurisdiction to deal with issues of that nature and that it can only be dealt with by the High Court.
In her ruling yesterday, Magistrate Azore stated that in regards to the claim that Minister Harmon had granted an amnesty, the statement in question was open to many interpretations. And furthermore, she said, the only thing that was clear was that aggressive action would be taken.
This, she added, was supported by the fact that police were contacted in relation to the matter, indicating the clear likelihood that a charge and prosecution would follow.
The magistrate ruled that the defence’s basis for appeal was flawed and that the points raised in support of such were overruled. She then declared that unless there was a decision made elsewhere to indicate they should not go on with the matter, she was prepared to proceed as soon as was possible.
The matter has been adjourned to January 26 for the defence to make a report.
