A city magistrate yesterday struck out charges brought by police against four owners of Superbet betting shops, who were to be charged with operating without licences.
Senior Magistrate Leron Daly did not entertain the charges, which police initially brought last week Friday at the Georgetown Magistrates’ Courts, after police could not satisfy her of their authority to prosecute the matters instead of the Guyana Revenue Authority (GRA).
Magistrate Daly previously requested that the police confirm that they were authorised to prosecute the cases.
When the matters were once again brought before Magistrate Daly yesterday, the police did not produce any confirmation from the GRA.
However, the prosecutor insisted that according to the Police Act, any police officer may conduct in person all prosecutions before any court, whether or not the information or complaint is laid in his name. As a result, he argued that the police had the authority to proceed with the matter.
However, attorney Anil Nandlall, who represented the four defendants, pointed out that the Tax Act provides for the GRA to prosecute those charged with offences relating to revenue or for any purpose connected with assessment and collection of revenue.
The magistrate agreed with Nandlall and added that from her knowledge and experience, GRA has the authority to prosecute any matters under the Tax Act.
The prosecutor eventually agreed that the only authoritative body suitable to prosecute the matter would be the GRA.
With both parties in agreement, Magistrate Daly struck out the charge as there was no reason for it to be read in court since GRA was not present and both the police prosecutor and the defendants’ attorney agreed that the only person with the authority to take control of the matter was the GRA.
Superbet has been locked in a public dispute with the Gaming Authority over the licensing of its services here.
An audit was to have been done of Superbet to determine whether it would be issued a “Good Standing” certificate, which it requires to get the licence it needs to operate from the GRA.
