Appeal Court sends Westford back to Magistrates’ Court

Apr 13, 2018 News

Dr. Jennifer Westford

After months of stalling, a ruling by the Court of Appeal has effectively sent former Minister of Public Service, Dr. Jennifer Westford, back to the Magistrates’ Court to face a trial for fraud.
Westford had been embroiled in a number of legal battles for allegedly embezzling hundreds of millions of dollars from the State.
In this case, she is accused of working in tandem with her Personnel Officer, Margaret Cummings, to forge documents in an attempt to transfer State assets to four individuals.
In August 2015, the former Minister was placed on a total of $800,000 bail after she pleaded not guilty to the charges, which alleged 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, which alleged that she forged documents for the purchase of the eight motor vehicles.
She has been released on a total of $1.2M bail. The trial was set to continue before City Magistrate Fabayo Azore.
However, Westford through her attorneys sought to have the matter discontinued.
The Former Minister had filed a Constitutional Motion in the High Court before then Chief Justice, Yonette Cummings- Edwards, for the matters to be terminated, citing amnesty arrangements announced by the State.
Justice Cummings-Edwards had, however, tossed the Constitutional Motion, making way for the matter to continue in the Georgetown Magistrates’ Court.

Margaret Cummings

Westford nonetheless, through her attorneys, who included Attorney- at –Law, Neil Boston S.C, filed another application to block the charges.
This time, she applied for a stay of the proceedings before Justice Dawn Gregory. Justice Gregory then granted the order which brought the Magistrates‘ Court trial to a halt for several months.
The Court of Appeal on Wednesday discharged the stay of proceeding granted on July 26, 2017 by Justice Gregory. Solicitor-General Kim Kyte-Thomas in her arguments on behalf of the State (DPP and Police) noted that the order was without merit and the sole Judge; (Gregory) should not have granted the order.
She said, too, that there was no appeal pending before the court in relation to the criminal matters pending before the Magistrate’s court. Kyte-Thomas stressed that the appellant case must have merit before the order is granted.
Westford and Cummings were represented by Attorney-ar-law Dexter Todd. Todd had maintained the Judge had properly exercised her discretion in granting the stay of proceedings. Westford’s lawyers had initially argued that the institution of criminal charges against her and Cummings breaches an amnesty promise made by Minister of State, Joseph Harmon.
They stated that Harmon had promised that once the vehicles were returned, no prosecution will take place. The lawyers had said that all the vehicles were returned to the Office of the President (OP) and in spite of the amnesty, his clients were still charged.
The Court had earlier ruled that the statement made by Harmon was ambiguous. She stated that the court is not sure if what the minister said amounts to an amnesty or pardon.
On Wednesday, Justices of Appeal Rishi Persaud, Arif Bulkan and Rafeek Khan, in their ruling, discharged the stay of proceedings and effectively sent the matter back to the Magistrates’ Court. (Rehanna Ramsay)

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