Atma Rajaram returned to the stand for cross examination by the defence yesterday, when the New Building Society (NBS) multi million dollar fraud case continued.
Rajaram, who is internal audit manager at the co-op bank, has testified on the last few occasions that the case has been called.
Prior to his testimony, attorney Abiola Wong-Inniss objected to the evidence given by police inspector Simeon Reid about what her client Ashley Legall allegedly said after he was cautioned. Reid took to the stand last month and gave his evidence-in-chief.
The lawyer said that when the evidence was taken she was not present in court but was “objecting to these statements being tendered because those statements were not taken freely and voluntarily… These statements ought not to allow as evidence before this court.” She submitted that this was a “backdoor” method that was being used.
Magistrate Fazil Azeez, who is hearing the matter at the Georgetown Magistrates’ Court, suggested that Wong-Inniss raise her objections when Reid returned to the witness box to give further evidence.
Following inquiries from another lawyer, Basil Williams, about a Voir dire (trial within a trial) being held, the Magistrate said that this will be done if the statement is the only piece of evidence the prosecution has. At this point in the case, he added, he will not conduct a Voir dire but will note the objection of the counsel.
All of the defendants in this preliminary inquiry were present in court yesterday and the case continues on March 24. Former Director-Secretary Maurice Arjoon, assistant Mortgage Manager Kissoon Baldeo, Operations Manager Kent Vincent, Ashley Legall, Imran Bacchus, Amrita Prashad, and Mohanram Shahebudin are accused of withdrawing millions of dollars from the Savings and Prosper Account of Bibi Khan by way of cheques.
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matter was brought before the court, Director of Public Prosecution (DPP) Shalimar Ali-Hack ordered that the charges be withdrawn against the trio and reinstituted together with charges against Legall, Bacchus, Prashad and Shahebudin.
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.
In the interest of time and following objection from lawyers, another of the remaining preliminary in-quires will begin on March 15.
One has already been discharged for lack of evidence.
