GBTI contempt trial…SOCU ‘expert’ witness not properly qualified

Jul 11, 2018 News

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– court rules

The Special Organized Crime Unit (SOCU) had previously called Special Superintendent Sherronne James to testify in the contempt trial of several high ranking officials from the Guyana Bank for Trade and Industry (GBTI).
The case involves Chairman, Robin Stoby S.C; and Directors, Edward A. Beharry, Suresh Beharry, Richard Isava, Carlton James and Basil Mahadeo, along with Chief Executive Officer (ag) Shaleeza Shaw and Kathryn Eytle-McLean.
They all denied the charge, which alleged that on September 7, 2017 at Georgetown, they failed to comply with production order granted by Chief Justice (ag) Roxane George, for them to produce certain documents to head of the Special Organized Crime Unit (SOCU), Sydney James. The order was made on August 29, last.
The banking officials, who are being represented by a battery of top lawyers, have all been released on self bail.
As it relates to the trial, James, a Forensic Analyst, was called by SOCU Special Prosecutor Attorney-at-Law Patrice Henry to the witness box. She gave testimony with regard to an investigation at GRDB which led to her uncovering several bank accounts.

The prosecutor had wanted the court to deem James an “expert witness.”
Consequently, the court conducted a Voir Dire (trial within a trial) to determine whether or not the witness could be deemed an expert in the field for which she was being called to give evidence.
However, yesterday Chief Magistrate Ann Mc Lennan ruled that the court is not satisfied that James is sufficiently/properly qualified to give evidence in the area of Financial Forensic Analysis, and as such, cannot be deemed an expert on the field.
This was although the witness had said that she is the holder of a Masters Degree in Business Administration.
James had also told the court that she worked in 15 countries looking at corrupt organizations and dealing with banks. Taking all these into consideration, the Chief Magistrate ruled that although James possesses these qualifications and experience, she had no tertiary education neither did she publish any writings, in the area of Financial Forensic Analysis.
It was pointed out by the Chief Magistrate that James, who received some form of training in the area, held freelance jobs for 20 years. For these, among other reasons, the Chief Magistrate noted that James cannot be deemed competent to testify in the area.
Allowing her to continue her testimony in the trial, the Chief Magistrate said that James will not be permitted to give opinion evidence. The trial continues on July 17.

SOCU is contending that the bank failed/stalled to hand over information regarding an accounting held at the bank by the Guyana Rice Development Board (GRDB).
SOCU, an arm of the Guyana Police Force, after conducting certain investigation into US$500M that GRDB handled, sent files to the Director of Public Prosecutions (DPP), recommending contempt charges against the bank’s directors.
SOCU reportedly argued that other banks complied, but it was finding it hard going with GBTI.
SOCU received four court orders, including one from the high court, asking that GBTI hand over the information.
In late August 2017, the acting Chief Justice granted production orders to SOCU, giving the bank a week to hand over certain information. That deadline expired in early September, last year, and the bank was reportedly granted some extra time.
However, the deadline elapsed and SOCU prepared files recommending the charges of contempt against the directors. Under tough anti-money laundering laws, once the court orders are granted, financial institutions are reportedly bound to provide information.
In this case, the money is not from private accounts, but rather from the US-dollar and other accounts of GRDB, a state entity.
James, in her evidence, had told the court that it was while she was conducting an investigation at GRDB, that she made certain findings involving several bank accounts. She said she found out which organization the bank accounts were at and the co-owners of the bank.
James told the court that she found out that the main bank account was at GBTI.
The court heard from James, that based on her findings it caused her to request several court orders.
James told the court that on August 29, 2017 a production order was granted by Chief Justice (ag) Roxane George, to be served on GBTI, the bank at which GRDB had held a multi-million US dollar account.
She added that she was present when the order was served on the GBTI accountant who was acting on the behalf of GBTI. James added that on September 6, 2017 she arrived at SOCU where she saw several persons.
She said that she collected four envelopes containing banking documents from her colleague.
Upon checking the envelopes, she did not see any certification stamps on the documents. She added that between September 7, 2017 and September 13, 2017, she received six additional envelopes.

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