Omar Shariff case should have been heard by a Judge and not Magistrate - lawyer contends

Omar Shariff case should have been heard by a Judge and not Magistrate – lawyer contends

Sep 18, 2018 News

As the trial of former Permanent Secretary (PS) of the Ministry of Public Service continued yesterday, Attorney-at-Law Sanjiv Datadin, made a no-case submission before Senior Magistrate Fabayo Azore at the Georgetown Magistrates’ Courts.
During the submission, Datadin contended that the Magistrates’ Court does not have the jurisdiction to handle the case, and thus it should have been sent before the High Court.
Shariff, 46, and his wife, Savitri Hardeo, both of Lot 36 Dowding Street, Kitty, Georgetown are accused of failing to comply with a production ordered issued by former Chief Justice (ag) Yonette Cummings-Edwards. This charge is contrary to Section 26 (a) of the Anti-Money Laundering and Financing Terrorism Act.
It is alleged that on or after October 14, 2016, in the Georgetown Magisterial District, Shariff failed to comply with a production order dated October, 6, 2016 made by then Chief Justice (CJ) Yonette Cummings-Edwards to produce certain named documents to Assistant Commissioner of Police, Sydney James (Head of the Special Organized Crime Unit) not later seven days after service.
The order was served by a marshal of the High Court, on Shariff by leaving same with him, who contravened the said order without reasonable cause, which he failed to produce.
His wife was slapped with a similar charge.
Shariff is currently out on $1M bail. Initially, he and his wife were both granted self-bail and were ordered to lodge their passports.
However, last week, Datadin made an application before the court to have Shariff’s passport returned to him as he desired to pursue a scholarship at the Hugh Wooding Law School, Trinidad and Tobago.
After no objections were raised by the court and Special Organized Crime Unit (SOCU) Prosecutor, Patrice Henry, Datadin’s request was grant. In the meantime, his wife remains on self-bail.
In October 2016, the former Chief Justice granted a production order, which compels individuals or organizations to produce information to help assist in an investigation.
The order was for both the former PS and his wife. The two apparently did not comply, despite being reminded and written to by SOCU to provide the requested information.
On June 30, 2016, Minister of State Joseph Harmon sent Shariff on leave, pending investigation by SOCU. Shariff has been under investigation where over $500M could not have been accounted for in payment to the Public Service Ministry.
Investigators found several large sums passing through bank accounts and launched a separate probe. That investigation was probing how billions of dollars passed through Shariff’s bank account from as far back as 2010, following records showing that he and his wife purchased shares in companies, which were placed in her name.
There were hundreds of transaction in several bank accounts, which were held at different commercial banks.

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