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GBTI contempt trial…Defence mounts challenge to SOCU affidavit

Oct 27, 2018 News

Lawyers for top ranking officials at the Guyana Bank for Trade and Industry (GBTI) who are charged with contempt over failing to hand over certain documents to the Special Organized Unit (SOCU), have mounted a challenge to the contents of affidavit that has already been admitted into evidence.
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 Organised Crime Unit (SOCU), Sydney James. The order was made on August 29, 2017.
Lawyers for the banking officials requested of Chief Magistrate Ann McLennan to conduct a Voir dire (trial within a trial) to determine the voluntariness of the affidavit which was made out by Ramesh Persaud, who is a Commissioner of Oath to Affidavit attached to the Law Chamber of Senior Counsel Luckhoo.
However, SOCU Prosecutor, Patrice Henry, objected to the court conducting such an inquiry. He added that there is a difference between a confession and admission and there is no need for a Voir Dire, since the document in question is not a statement that was taken after a caution, nor was it an allegation put to someone by police.
He further stressed that the affidavit was taken freely and voluntarily without the use of any threats or violence. The court heard that in the affidavit the defendants made admissions of destruction, loss and misplacement of documents.
The Prosecutions objections were overruled by the Magistrate. As such, Persaud took to the witness box where he told the court that no complaints were made by the defendants.
He added that if any complaints were made he would have referred the defendant (s) to the Senior Counsel.
After Persaud’s testimony the Magistrate told the court that she will make a ruling on whether the court will rely on the contents of the affidavit on November 9.
SOCU, as part of a probe into US$500M that the Guyana Rice Development Board (GRDB) handled as far back as 2010, submitted files to Director of Public Prosecutions (DPP) recommending contempt charges against GBTI’s eight directors.
This was after the bank and SOCU were locked in a battle over information concerning the GRDB accounts. SOCU is contending that the bank failed or stalled handing over certain banking records concerning GRDB.
SOCU, an arm of the Guyana Police Force, also said that the bank gave all kinds of excuses, and even destroyed pertinent records relating to GRDB.
SOCU reportedly argued that other banks complied, but it was finding it hard with GBTI.
SOCU received four court orders, including one from the high court, asking that GBTI hand over the information.
Late August last year, the acting Chief Justice Roxane George granted production orders to SOCU, giving the bank a week to hand over certain information. That deadline expired in early September 2017 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.

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