PUBLISHER of the Kaieteur News, Mr. Glenn Lall, his wife, Bhena Lall, and the Brijnanans – all of whom were fingered in an alleged remigrant duty-free scam – appeared in the Magistrate’s Court yesterday before Magistrate Judy Latchman.

And husband and wife, Narootandeo and Gharbassi Brijnanan, were slapped with four charges each, to which they pleaded not guilty.

The couple were both charged for knowingly concerned in the fraudulent evasion of import duties of Customs on vehicle, PRR 8398, contrary to Section 218(e) of the Customs Act, Chapter 82:01; and for knowingly concerned in the fraudulent evasion of import duties of Customs on vehicle, PRR 8399, contrary to Section 218(e) of the Customs Act, Chapter 82:01

Gharbassi Brijnanan

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The third charge was that Narootandeo and Gharbassi Brijnanan did make and subscribe to a false declaration in a matter relating to the Customs, contrary to Section 217 (1)(a) of the Customs Act, Chapter 82:01, involving a vehicle PRR 8398.

The fourth charge was that Narootandeo and Gharbassi Brijnanan did make and subscribe to a false declaration in a matter relating to the Customs, contrary to Section 217(1)(a) of the Customs Act, Chapter 82:01, involving a vehicle PRR 8399.

The Brijnanans were represented by Attorney-at-Law Robin Hunte.
Hunte, who was the only lawyer to make a submission during yesterday’s hearing, argued that the couple had returned from the USA to take up residence in Guyana.

According to him, the Brijnanans subsequently returned to the USA to seek medical attention and later returned last December.

He pointed out that while the couple was away, the alleged remigrant duty-free scam case was filed and the Brijnanans, who were implicated, were not served summons to attend the first court hearing in October and the second in November.

Hunte noted that once served the summons to appear the Brijnanans did so, yesterday, to have their interest in the matter represented before the Court.

The attorney requested that the couple be placed on self-bail, since they were not a flight risk, and the Brijnanans, as per the Magistrate’s order, were released on their own recognisance.

The couple’s address was given as 221 No. 61 Village, Corentyne, Berbice.

SIMILAR CHARGES
Hunte is part of the legal team representing Lall and his wife, who were arraigned on similar charges in October at the Georgetown Magistrates’ Court.
The defence was represented by other high profile lawyers, some of whom are also prominent politicians. In addition to Hunte, the list of lawyers includes Khemraj Ramjattan, Senior Counsel Rex McKay, Nigel Hughes, Christopher Ram, Joseph Harmon, Brendan Glassford and Bettina Glassford.

The Lalls, who reside at Nandy Park, East Bank Demerara, denied the charges that were read to them by Chief Magistrate Priya Sewnarine-Beharry.
In their first appearance in court, in October, four charges were read to Lall and his wife. They stated that:

1. The two parties were knowingly concerned in the fraudulent evasion of import duties of Customs on vehicle PRR 8398, contrary to Section 218 (e) of the Customs Act, Chapter 82:01.
2. The two parties were knowingly concerned in the fraudulent evasion of import duties of Customs on vehicle PRR 8399, contrary to Section 218 (e) of the Customs Act, Chapter 82:01.
3. Glen Lall and Bhena Lall, knowingly dealt with goods with intent to defraud the revenue of duties thereon to wit one (1) Lexus LX 570 motor vehicle registration number PRR 8398 with engine capacity 5700cc, Chassis No. JTJHY7AX6 D4094851, contrary to Section 218(d) of the Customs Act, Chapter 82:01
4. Glen Lall and Bhena Lall, knowingly dealt with goods with intent to defraud the revenue of duties thereon to wit one (1) Lexus LX 570 motor vehicle registration number PRR 8399 with engine capacity 5700cc, Chassis No. JTJHY7AX6 D4094851, contrary to Section 218(d) of the Customs Act, Chapter 82:01.

The Lalls’ Attorney, Ramjattan, like Hunte, requested that his clients be released on their own recognisance, which is self-bail and this was granted.
Representing the prosecution are Attorneys-at-Law Sandil Kissoon and Mahendra Satram.

The next hearing is set for February 6, 2015.

REASON FOR CHARGES
The filing of the charges followed the disclosure of details of an alleged duty-free scam, which were made public by the Guyana Chronicle after a close examination of the Government of Guyana’s review of the Remigrant Scheme.

Under the remigrant programme, Guyanese who would have resided overseas for more than five years and are returning home to reside are entitled to a number of benefits, among which are import duty-free waivers for vehicles, and tax exemption for household items, once the items at reference were owned for six months or more in the country where the remigrant was living.

In this case, the Brijnanans were entitled to concessions as two separate individuals, although a joint application was submitted.

The couple, having decided to return to Guyana to live permanently, was entitled to certain tax breaks, so they imported two luxury vehicles. But the address they gave on the registration forms for both vehicles, Lot 8 Continental Park, East Bank Demerara, was that of their son, Navin Sankar, even though the Lalls are the primary users of the vehicles.

The vehicle, PRR 8398, for instance, is usually parked in front of the Kaieteur News head office on Saffon Street, Charlestown, while PRR 8399 is often seen on Regent Street, in the heart of the city, near Bhena’s Footwear, the shoe business operated by Lall’s wife.

The Brijnanans successfully obtained import duty concessions in the sum of $4,222,223.55 for each vehicle, totalling in excess of $8M. Meanwhile, this newspaper’s research into the source price for a Lexus L570 is about US$80,000. Import duty for such a vehicle would be a total of US$94,500, bringing the total value of the vehicle to US$174,500, or more than G$36M for each of the vehicles imported by the Brijnanans.

If the alleged violations are upheld, it would mean that the Government was cheated out of a total of US$189,000, or almost $40M in import duty for the two vehicles.

At the end of August, after an hour’s long standoff between GRA officials and the Brijnanans’ son, Sankar, a high-ranking GRA employee, the vehicles were handed over to GRA and impounded at the authority’s warehouse.

An investigation was then launched to ensure that procedures and policy, as well as the provisions of the law, were adhered to. The criminal charges stemmed from that investigation.