A hearing for the $2 million lawsuit filed against government for alleged malicious prosecution by former New Building Society (NBS) Chief Executive Officer/Secretary Maurice Arjoon was adjourned again yesterday, after the state failed to produce a witness to lead its defence.
The delay comes almost a month after Justice Dawn Gregory-Barnes adjourned the case to allow Deputy Solicitor General Nareshwar Harnanan to prepare his case.
Harnanan is the attorney for former Attorney General Charles Ramson SC, who is named as defendant in the legal papers filed in June last years.
During yesterday’s proceedings, Harnanan indicated that he did not have a witness present. He explained that efforts were being made to have the witness, who is a now retired policeman, take the stand. He said that one witness was in a coma and another has died.
He indicated that the policeman now being sought was the officer in charge of the investigation and noted that during efforts to locate him, it was discovered that the rank had retired. He said that it was only until earlier in the day that he was able to make contact with the man and it was impossible to get him to attend court on such short notice.
In apologising for having to ask for an adjournment, Harnanan said that he would be meeting with the man sometime today. He then requested a one to two week period to make the necessary arrangements to have the witness testify.
Arjoon’s lawyer, Nigel Hughes, however, opposed the adjournment, while noting that it was the second such occurrence in the proceedings. The judge, after listening to both sides, indicated that a lot of applications for an adjournment had been made by the defence. But Harnanan, after offering explanations to the court, said that yesterday’s was his first genuine application for an adjournment.
The case was subsequently adjourned until September 25.
Arjoon, who was among several persons charged with a $69 million fraud committed at NBS in 2007, moved to the High Court seeking damages after the case was dismissed against him in November 2010.
Arjoon, in his statement of claim, said he was charged “maliciously and without reasonable or probable cause,” for which he is seeking special damages – $1,041,599 for lost of employment; $642,744 for loss of allowances; and $496,664 for loss of pension, all calculated for a period of 42 months during which he lost employment. Arjoon is also seeking damages in excess of $50,000, for malicious prosecution and indictment for the charge of conspiracy to defraud as well as damages in excess of $50,000 for false imprisonment on or about July 1, 2007.
The statement of claim added that then Attorney General Ramson SC “caused and procured the commencement of a preliminary inquiry against the plaintiff (Arjoon).” It was noted too the Arjoon was terminated from his employment as a result of the institution of charges and as a consequence suffered loss and damage.
Arjoon and Amarita Prashad were freed of the allegations by Magis-trate Fazil Azeez on November 29, 2010, on the grounds of insufficient evidence. The other defendants in the case, Kissoon Baldeo, Kent Vincent, Ashley Legall, Imran Bacchus and Mohanram Shahebudin also subsequently had the charges against them dismissed.
The fraud case comprised four separate preliminary inquiries. Over time, they were each dismissed for insufficient evidence.
The virtual complainant, Bibi Khan, from whose account the money was allegedly withdrawn without notice, failed to attend court hearings.
She had appeared during the first PI, where she had given evidence but defence lawyers were later unable to complete their cross-examination of her.
The final case was dismissed on October 12, 2011 last by acting Chief Magistrate Priya Sewnarine-Beharry, after the prosecution admitted that it would be difficult to make a case without the testimony of the complainant. Khan is reportedly living in Canada.
