Businessman asks DPP to appeal Magistrate’s measly fine

Mar 23, 2016 News

Terribly upset with the recent decision of a city Magistrate, businessman Frank Sanichara has approached the Director of Public Prosecutions (DPP) to appeal the judgment.
Sanichara, the CEO of Sueria Manufacturing Company, wants the DPP to appeal the decision of Magistrate Fabayo Azore, who recent fined a man $100,000 after he was found guilty of embezzling close to $500,000 from his employer.
Sanichara told this newspaper yesterday that he was so disturbed by the recent court ruling that he sought advice on how to move forward to obtain justice, which he felt was denied him by the Magistrate. He subsequently visited the DPP’s Chambers where it was explained to him what can be done.
“I was given a form to fill out so that the DPP can appeal the matter,” he told this newspaper yesterday.
Sanichara’s former employee Kevin Waaldijk embezzled the money and boasted on Facebook that he actually made a profit after he was only fined less than a quarter of the amount.
Instead of imposing a mandatory prison sentence, the Magistrate ordered Waaldijk to pay a fine of $100,000, much to the businessman’s surprise.
The penalty also shocked the police ranks who had worked on the case.
In court, Waaldijk smiled and cast a mocking glance at Sanichara when he heard the verdict. The fine was quickly paid from the $150,000 bail that Waaldijk had posted.
An obviously disappointed Sanichara told Kaieteur News that while he is not too familiar with the sentencing guidelines for such offences, he is certain that justice was not served.
“My staff and the two police officers went to court back and forth several times and this is the outcome,” the businessman declared.
No mention was even made of restitution of the stolen cash by the convict.
Sanichara is convinced that the sentencing policy in Guyana’s courts allows for stealing in Guyana to be a profitable venture.
“The GRA should be approaching him for the taxes on the profit he made,” Sanichara said.
“It is profitable to steal in Guyana; if you talk to any 10 businessmen, they will tell you that embezzlement has become a crisis, and the court is not doing us any favour,” Sanichara told Kaieteur News.
“The fine that he paid goes to the state; I lost $500,000 and I get nothing; so where’s the justice?” Sanichara asked. “This man made a profit!” he added.
He said that he now sees why a number of businessmen have very little faith in the court system of this country.
“They wasted the court’s time, the police time also,” the businessman stated.
He believes that the DPP would be successful in her appeal.
Recently the DPP got the Court of Appeal to overturn the acquittal of two alleged gang members in the Lusignan Massacre matter.

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Businessman asks DPP to appeal Magistrate’s measly fine

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