On February 14, 2007 the GRA seized fishing trawler MV Lady Kimberly, a 14-feet Aluminum boat, three Canter trucks, two minibuses and one AT 192 car. GRA had acted on intelligence received and discovered several thousand cases of assorted liquors.
Joseph Sahadeo, called ‘Daddo’; Mark Chandra, of Mark Chandra’s Auto Sales; Krishendat Ramdin, known as ‘Pokeman’ or ‘Krishna’; Umbar Angad; Shawn Ali; Delroy Neil Samaroo; Madhu; and Vinod Bhagwandin, called ‘Ajai’ were subsequently charged jointly for defrauding GRA and evading import taxes.
Magistrate Priya Sewnarine-Beharry dismissed the case on February 1, 2010. This was done after Chandra’s defence attorney K. Juman-Yassin made no case submissions. Prior to this, GRA’s prosecutor in the matter Gino Persaud had informed the court, by letter, that the prosecution has been unable to secure the remaining witnesses necessary to prove its case.
The eight men were charged with dealing with goods with intent to defraud GRA of duties thereon contrary to section 218 (d) of the Customs Act and being knowingly concerned in the fraudulent evasion of import duties of the Customs contrary to section 218 (e) of the Customs Act.
It was alleged that on February 14, Sahadeo, Chandra and the others were knowingly concerned in the fraudulent evasion of import duties of Customs in relation to a large quantity of smuggled assorted liquor conveyed on the MV Lady Kimberly and of which a portion was discharged at Rambarran’s Wharf, Land of Canaan, East Bank Demerara on to waiting canter trucks and minibuses. Sahadeo was also charged with hiring a person to assist in the evasion of the customs law, contrary to section 204 (3) of the Customs Act.
It was alleged that on February 13, 2007 he hired Cecil Gregory Bunbury, owner and driver of Canter truck GJJ 6259, to transport a quantity of uncustomed assorted liquor from Rambarran’s wharf. This charge was also dismissed because of insufficient evidence.
In his letter dated February 1, 2010 Persaud wrote to the court saying that he would not be present at that morning’s proceedings until 10:30, because he was required to be before Justice Roxanne George in the High Court. “In any event the prosecution has been unable to secure the remaining witnesses necessary to prove its case,” Persaud said, “…I had several meetings with the Guyana Revenue Authority and I am instructed that the remaining four material witnesses requested by me are unavailable to give evidence. Two of those witnesses had their employment terminated by the GRA and their whereabouts are unknown. The remaining two were sent on leave following the appointment by His Excellency, the President of Guyana of a Task Force headed by the Auditor General to investigate allegations of smuggling by Fidelity Investments Ltd of polar beer into Guyana. I am instructed that those officers are also unavailable to give testimony.”
It was based on the above that Persaud pointed out to the court, in his letter, that the prosecution was no longer in a position to prove its case beyond reasonable doubt and requested leave from the court to withdraw the charges. Magistrate Sewnarine-Beharry read sections of Persaud’s letter in the court on February 1, 2010.
The case was first before Magistrate Sewnarine-Beharry on April 22, 2007 at the Providence Magistrates’ Court. It was during February 2009 that the prosecution’s case was stalled. The stall continued to this year because the prosecution had no witnesses to lead in the matter. Persaud was forced to keep seeking adjournments to locate witnesses. The circumstances resulted in the prosecutor informing the court that GRA was no longer in a position to prove its case.
Before the case was stalled, the prosecution presented the following witnesses Bhumesh Ishree, Cecil Bunbury, Carl Jackson and Trevor Arthur. At the time GRA made the Valentine Day bust, it was the largest seizure of liquor in the history of customs. However, it has since been over taken by the Fidelity Investments Polar beer scam.
The MV Lady Kimberly was formally owned by Maurice Gopie. Sahadeo bought the vessel from him and before the bust had made a down payment. More than 4,000 cases of Heineken; 500 cases of assorted liquor like Grey Goose, Hennessey, Absolut Vodka, Black Label Whisky; and 300 cases of Red Bull were among the seized items.
The items were shipped from St Maarten and were reportedly for high ranking businessmen.
GRA made the bust during the early hours of February 14, 2007. In a press release issued shortly after the incident GRA had said that when they arrived at the Land of Canaan location some of the goods had already been offloaded. GRA’s Enforcement team had pursued MV Lady Kimberly, which fled south along the Demerara River and attempted to hide behind an island. Shortly after the seizure, GRA advertised the liquor for sale. (Sara Bharrat)
