The prosecution in the multi-million dollar New Building Society fraud case yesterday closed its arguments in two of the three matters that are being heard, owing to the non-availability of the virtual complaint who lives abroad.
Advice is to be sought from the Director of Public Prosecution (DPP), in respect to the third preliminary inquiry matter and on November 4 the seven defendants will know if they will walk free or be committed to stand trial in the High Court. Six of the defendants turned up for yesterday’s hearing.
When the matter was called yesterday at the Georgetown Magistrates’ Court before Magistrate Fazil Azeez, special prosecutor Hukumchand indicated that he was closing his case in both matters because of the unavailability of Bibi Khan, the account holder who is relevant to the matter. He noted that Khan has to come and say that she did deposit money in the account and that it was removed without her consent. “If she is not here to give this evidence, then I can’t proceed with this matter. I have to close the two cases,” Hukumchand said before noting that he will soon seek advise from the DPP in respect to the third matter, whether to withdraw or proceed. The third matter has not started.
Magistrate Azeez said that the prosecution has to be certain, since if the decision goes in favour of the defendant they must be able to carry on with their lives. “I don’t want to waste their time,” he added.
Meanwhile one of the defence counsels Basil Williams submitted to the court that without the key ingredient, the case could not proceed and as such should be dismissed. He then complimented the prosecution for the decision to close the case.
However, Hukumchand said that there is sufficient evidence against one of the defendants- Ashley Legall, to take the matter to trial. He was referring to a caution statement. The prosecution’s attempts to enter the statement into evidence failed after the man’s attorney, Abiola Wong-Inniss, objected.
In March this year, the attorney had submitted to the court that her objections were based on the fact that “those statements were not taken freely and voluntarily… These statements ought not to allow as evidence before this court.” She had submitted that a “backdoor” method was being used.
Wong-Inniss told the court yesterday that there is no statement in respect to her client’s admission but rather certain attempts were made by the witness. Further, she said an objection was taken as to the admissibility of the statement and she cannot see that in its determination that there will be sufficient evidence to take the matter to the High Court. According to the attorney, the prosecution has failed to establish a foundation for its case. “The evidence is extremely weak,” she said, before asking that the case against her client to be dismissed.
The Magistrate later said that he will review all the evidence and make a decision before expressing hope that before then Hukumchand will get word from the DPP and he can “wrap up this entire case on the next occasion… whether to discharge or commit.”
Initially former Director-Secretary Maurice Arjoon, assistant Mortgage Manager and operations manager Kent Vincent were charged with conspiracy to defraud the NBS of $69 million.
In October 2007, shortly after the matter was brought before the court, the DPP Shalimar Ali-Hack ordered that the charges be withdrawn against the trio and reinstituted together with charges against Ashley Legall, Imran Bacchus, Amarita Prashad and Mohanram Shahebudin. The latter four employees were subsequently fired.
The first charge alleged that on November 20, 2006 Legall, Bacchus and Shahebudin conspired with others to withdraw $20.5M from the Savings and Prosper account in the name of Bibi Khan at NBS by way of two cheques.
The second reads that on November 1, 2006 Legall, Bacchus, Prashad and Shahebudin allegedly conspired with others to withdraw $15M from Khan’s account in the form of two cheques in the name of M. Kryshundayal and Compton Chase respectively. The third charge states that Bacchus, Legall, Shahebudin, Baldeo and Vincent on November 17 allegedly conspired to withdraw $22,664,000 from Khan’s account by using two cheques, one in the name of M. Hussein and the other, Compton Chase. And the fourth charge reads that on November 8, Arjune, Vincent, Bacchus, Legall and Shahebudin conspired with others to withdraw $32,230,384 from Khan’s account using two cheques.
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 early 2009, the then presiding Magistrate Nyasha Williams-Hatmin discharged one of the matters on the basis that there was not sufficient evidence to proceed.
She was later transferred to another division and this caused a hold up in the progress of the matter. Magistrate Azeez was then assigned to her court and during one of the hearing last month the team of lawyers representing the defendants during submissions had sought to halt the case due to the absence of the complainant.
A decision was then made to start two of the remaining matter simultaneously in the interest of time.
