Magistrate to proceed with Westford trial

Apr 01, 2017 Court Stories, Features / Columnists, News

…as High Court quashes Constitutional Motion filed by lawyers
A Constitutional Motion filed by the attorneys of Dr. Jennifer Westford and Margaret Cummings, to prevent a Magistrate from hearing the matter for which the women are accused of attempting to transfer eight state vehicles and forging documents for the purchase of the vehicles, has been thrown out by the High Court.
As a result, City Magistrate Fabayo Azore will be proceeding with trial of Dr. Westford and Cummings, even though their lawyers have appealed the High Court ruling. The appeal is still ongoing.
The matter was called yesterday before Magistrate Azore who instructed Police Prosecutor Bharat Mangru to serve the defence with all exhibits in the matters. This will be done on April 10, when a date for commencement of trial will be set.
Dr. Westford, former Minister of Public Service and Cummings, former Senior Personnel Officer at the same ministry were charged and subsequently released on $800,000 and $1.2M bail respectively.
Westford is currently facing four charges of attempted larceny in the Georgetown Magistrates’ Courts.
The charges allege that between July 17, 2014 and June 23, 2015, she attempted to transfer eight state vehicles to four persons. Cummings was also slapped with four counts of forgery. Cummings is alleged to have forged documents for the purchase of the eight motor vehicles.
Minister of State Joseph Harmon, had told the media that it was brought to his attention that some documents were sent to the Guyana Revenue Authority (GRA), purportedly signed by then Permanent Secretary of the Public Service Ministry, Hydar Ally. This was done under Ally’s letterhead, but signed by someone else.
“He had no knowledge of this transaction,” Minister Harmon had stressed. It was Ally who directed Harmon to the discrepancy in the paperwork forwarded to GRA for the transfer of eight vehicles.
In light of the overwhelming evidence, the vehicles were returned to the government.
Attorney Neil Boston, sometime last year had made an application before Magistrate Azore, citing that executive abuse had occurred and that the matter should engage the attention of the High Court.
During his submissions, Boston had argued that Minister Harmon had publicly announced an amnesty in relation to the return of the vehicles. According to Boston, all the vehicles were returned and his clients were still criminally charged.
The Lawyer had reminded the court that Harmon said, “They can quietly bring them (state assets) back to the Ministry, in which they came from or to the Office of the President. They can park them outside the gate…”
However, Magistrate Azore had ruled that the statement made by Harmon was ambiguous, meaning that it is open to many interpretations. Magistrate Azore had stated that the court is not sure of what the minister said amounts to an amnesty or pardon.
On this notion, Magistrate Azore had also indicated that she was not sure why the defence is stating that an amnesty was granted. She then informed a team of high-powered attorneys appearing for Westford and Cummings, that unless they wished to file any application in the High Court, she was prepared to begin trial.
It was in September 2016, that the defendants’ lawyers filed a constitutional motion in the High Court before former Chief Justice (ag) Yonette Cummings-Edwards.
While the lawyers were waiting for the matter to be called up in the High Court, Magistrate Azore granted a six-month adjournment in the matter.

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