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EZjet boss petitions court for release pending ruling
….US Govt. counters, asks Judge to dismiss plea
By Gary Eleazar
Embattled businessman Sonny Ramdeo, the owner of the failed EZjet Airlines, who was charged in the United States for
EZjet Boss,
Sonny Ramdeo
embezzling money, has filed a motion to be released from custody pending the disposition of this case but the US authorities are opposed to this course of action.
Ramdeo who has been imprisoned since December 2012 on Friday last submitted the motion for the court’s consideration but
United States Attorney Wifredo A. Ferrer, has since filed a subsequent motion requesting the court to strike out Ramdeo’s request.
In his petition to the court, Ramdeo banks on the US’s Bail Reform Act which provides for the release of a prisoner on remand under certain conditions including “exceptional reasons.”
Ramdeo in his motion said that he has consulted with his court appointed counsel and placed on record that he is not subject to mandatory detention since he did not plead guilty to a Controlled Substance offense, or a crime or violence.
He is also banking on the fact that the Court previously found that the he does not pose a danger to the community.
Ramdeo is also alleging that he has been denied a speedy trial.
According to Ramdeo in his petition, he should have been released pending trial since July 23, 2013.
He pointed to a section in the American law which states that “a person who is being detained solely because he is awaiting trial must be tried not later than ninety days following the period of such continuous detention’’ and (No) detainee … shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial.”
In his motion petitioning the court, it is pointed out that the superseding indictment restarted the continuous detention clock on April 2013 and as of July 2013 the ninety day period expired. The Ninth Circuit stated that ‘’release of the defendant from custody and nothing less, is the sanction for delay beyond the ninety-day period.
He pointed too, to the fact that Promise Healthcare Inc, the company he allegedly swindled millions from, has also filed a case against him using the same evidence which does not support the finding of a guilty plea.
Ramdeo pointed too to his motion to withdraw his guilty plea which he had earlier submitted for the court’s consideration
According to Ramdeo’s motion, “There are a significant number of other exceptional reasons why the defendant should be released pending disposition of this case which is not being put forth to the court at this time due to the Defendant being deprived of his legal work.”
As a result he prays “for this Court to grant this motion and immediately release the defendant pending disposition of this case.”
Meanwhile, the US Attorney prosecuting Ramdeo’s case, in a subsequent motion disagreed with Ramdeo’s reasons and requests his motion is denied without hearing.
The Attorney denies too that there was denial of a speedy trial and further that his motion to withdraw his guilty plea is no basis for relief.
According to the US Attorney, that motion remains pending determination by the court.
The US Attorney also points to the case that has been filed against Ramdeo by Promise Healthcare Inc, and argues that there is evidence to support a finding that the defendant is guilty which is also supported by his guilty plea.
Ramdeo is well known in Guyana for his one-year stint with EZjet, an airline that started as a charter that had indicated its desire to become Guyana’s flag carrier. It started in December 2011 and was welcomed for its low cost fares.
However, there were questions as to Ramdeo’s financing as it appeared he was running the Georgetown/New York flights at a loss. However, Ramdeo in a press conference in Guyana insisted that the money was his.
Things began to fall apart in 2012 after a US company that owned the planes that EZjet was using, sued the carrier for outstanding monies.
Then came the shocking news that Promise Healthcare, another US company that controls a string of hospitals, was accusing Ramdeo of using his payroll company to steal over US$20M from as far back as 2005.
Ramdeo reportedly went into hiding but was nabbed in a New York basement by FBI agents who were hot on his trail.
EZjet folded in as the US, Canada, Trinidad and Guyana simultaneously suspended the airline from flying.
US prosecutors are accusing Ramdeo of using some of the alleged stolen money to prop up the operations of EZjet.
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