Westford’s lawyers appeal High Court ruling

Jul 20, 2017 Court Stories, Features / Columnists, News, http://www.kaieteurnewsonline....l-high-court-ruling/

Following a High Court ruling to quash a Constitutional Motion to examine the issue of amnesty filed by Attorneys-at-Law for former Minister of Public Service, Dr. Jennifer Westford, the matter has since been taken to the Court of Appeal.

Dr. Westford of Lot 55 ‘AA’ Victoria Avenue, Eccles, East Bank Demerara (EBD) and Ms. Margaret Cummings, former personnel officer at the Ministry of Public Service of Lot 709 Section ‘A’ Diamond, EBD are charged in relation to eight state vehicles, for which they forged documents and attempted to transfer to persons.

In August 2015 the former minister was placed on a total of $800,000 bail after she pleaded not guilty to the charges. The charges 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.

A trial in the matter which commenced before Senior Magistrate Fabayo Azore has since been stalled pending the ruling on the Appeal Court proceeding scheduled for next week Wednesday (July 26).

When the matter was called in the Georgetown Magistrates’ Courts on Monday, Dexter Todd, who is among the battery of Attorneys-at-Law representing Westford and Cummings, requested that the trial be adjourned pending ruling on the Appeal Court matter. Magistrate Azore adjourned the matter until July 31, for reports.

This trial has been forced into several adjournments on issues surrounding this Constitutional Motion.

In June 2015, Minister of State Joseph Harmon, had told the media that it was brought to his attention that some documents were sent to the Guyana Revenue Authority (GRA), purportedly signed by Permanent Secretary of the Public Service Ministry, Hydar Ally.

This was done under Ally’s letterhead, but signed by someone else. “He had no knowledge of this transaction,” Minister Harmon had stressed.

It was Ally who directed Harmon to the discrepancy in the paperwork forwarded to GRA for the transfer of eight vehicles.

In light of the overwhelming evidence, the vehicles were returned to the government.

In January 2016, Magistrate Azore overruled a submission citing “executive abuse” made by Senior Counsel Neil Boston and signaled her readiness to proceed with trial. This was after Boston had contended that the institution of criminal charges against the former Minister and Cummings breaches an amnesty promise made by Minister of State, Joseph Harmon during a June 19, 2015 press conference.

Boston had stated that Harmon had promised that once the vehicles were returned no prosecution would take place. He had stated that during the press conference, Harmon said, “They can quietly bring them (state assets) back to the Ministry, in which they came from or to the Office of the President (OP). They can park them outside the gate…”

Boston had related that all the vehicles were returned to the then Office of the President and in spite of the amnesty, his clients were still charged.
The lawyer had made this claim while addressing the court on why court proceedings against his clients should not go forward.

However, the Magistrate 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 and signaled her readiness to proceed with trial.

The battery of lawyers then moved to the High Court and filed a Constitutional Motion preventing Magistrate Azore from proceeding with the trial.

But the Constitutional Motion was quashed some time last year by then Chief Justice (ag) now Chancellor of the Judiciary (ag) Yonette Cummings-Edwards.

The lawyers have since appealed the ruling.