Dr. Jennifer Westford trial…Defence/Prosecution clash over witness reviewing statements

Jan 17, 2017 Court Stories, Features / Columnists, News

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Legal arguments were raised by State Prosecutor Teshana Lake and Neil Boston, SC, with regards to a police witness reviewing 13 statements he gave in relation to the trial of Dr. Jennifer Westford and Ms. Margaret Cummings. The two are accused of stealing $639,420,000 from the state.
The trial continued yesterday, before City Magistrate Judy Latchman. However, it was adjourned until January 19, after issues were raised by Boston over Detective Inspector of Police Richard Frank, being permitted by the court to review peculiar details he give in the statements, since he had a memory lapse during testifying.
Inspector Frank, who is stationed at the Criminal Investigation Department (CID) Headquarters, Eve Leary, was called by the state. He testified to conducting investigations in the matter, during which he interviewed Westford and Cummings at CID Headquarters.
Inspector Frank, at one point, told the court that he could not remember the details of cheque numbers among other things. This prompted Prosecutor Lake to make an application to the court for the witness to be allowed to be “refreshed” from his statements.
Objections were raised by Boston.
Boston told the court that (the defence) was never served with such statements. This claim was quickly refuted by Prosecutor Lake, who said that statements were served on the defence and even the court.
Boston subsequently requested a short adjournment date to have the issue resolved.
Magistrate Judy Latchman granted the adjournment after informing the court that she will have her clerk verify whether the lawyer (s) for the defendants signed for the statements.
Inspector Frank told the court that he conducted investigations into the matter after receiving a report of larceny by a public officer committed on the state of Guyana involving $10M.
The police witness told the court that on July 2, 2015, he contacted Alwayne Williams, the Accountant of the Office of the President (OP).
“According to Inspector Frank, He (Williams) handed over to me a copy of the memorandum of the Public Service Ministry dated the 7th of June, 2010, with caption Financial Assistant for Public Service Evaluation with a purported signature (above) type written Dr. Jennifer Westford MD, with the Public Service stamp.”
Inspector Frank revealed that Williams also gave him a voucher dated June 8, 2012 payable to Permanent Secretary, OP, Margaret Cummings for the sum of $10M. He said that Williams handed over to him the Bank of Guyana (BOG) cheque dated June 8, 2012 with cheque number 05-23381 payable to Permanent Secretary, OP, for the sum of $10, 255,000.
The police witness testified to contacting Westford and Cummings on August 13, 2015 at CID Headquarters, in the presence of their attorney.
“I told her (Westford) it is alleged that on the 12th day of June, 2012, while being a public officer, stole $10M (GYD) property of the state of Guyana”, Inspector Frank added.
The police witness said that the same allegation was also put to Cummings.
Both Westford and Cummings, Inspector Frank stated, remained silent and declined to make written statements. Inspector Frank said that he showed memorandum to Westford and asked her if she had knowledge of them, but she replied, “no comments.”
On August 13, 2015, Inspector Frank recalled that a confrontation was held between Cummings and Chief Accountant, Peter Moore, of OP. He said that Moore told him that he made payments to Cummings and she also signed payment vouchers on June 12, 2012.
Inspector Frank related that Cummings insisted that she had nothing to say.
The witness stated that he did other investigations of a similar nature in relation to this matter.
Jennifer Chapman, Deputy Accountant General at the Ministry of Finance, Accounting Department was recalled to the stand. Chapman explained how the Integrated Financial Management System (IFMAS) works.
Guided by Prosecutor Lake, she told the court that expenditures are processed through the IFMAS based on monthly releases from the Ministry of Finance.
According to Chapman, the spending agency would prepare manual payment vouchers with all supporting documents and relevant authorized signatures.
Chapman disclosed that she and Jawalar Persaud, Accountant General (ag) are duly authorized signatories by the BOG.
She added that Sub Accounting Agencies have an examination unit which examines all payments, while the payments for Non Sub Accounting Agencies are examined by the Accountant General Department. Chapman stated, “In the case of the Sub Accounting Agencies, these cheques are uplifted from the Accountant General’s Department by a duly authorized officer. An instrument authorizing the officer to uplift….with a standing order…. The standing order is signed off by a senior officer of the respective agency.”
In the case of Non Sub Accounting Agencies, Chapman said, the cheques are uplifted by a duly authorized officer for salaries and other orders. “In the case of direct payments those cheques are uplifted by the respective supplier, contractor at the Ministry of Finance.”
The testimony of this witness was suspended until the cheques are tendered in court.
According to facts, Westford of Lot 55 ‘AA’ Victoria Avenue Eccles, East Bank Demerara (EBD) was employed as Minister of Public Service from 2001-2015, while her co-accused was the principal personnel officer of the Ministry. Cummings of Lot 709 Section A Diamond, EBD was also in charge of the Ministry’s accounts department.
It was discovered that on 24 occasions Westford signed memoranda amounting to $639,420,000 and sent them to the OP for approval. Approval was granted and cheques were prepared and encashed by Bank of Guyana.
The monies were requested to carry out various activities throughout the 10 administrative regions. However, personnel from the various departments were contacted and denied ever receiving the cash. Investigations were carried out but the monies were never recovered.

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