Former PM gets maximum corruption sentence
Hayden Mills hmills@trinidadexpress.com
Tuesday, April 25th 2006
Opposition Leader Basdeo Panday is escorted out of the Port
of Spain Magistrates' Court yesterday after being convicted
on three charges of failing to disclose a London bank account
to the Integrity Commission. Panday was sentenced to two years
in jail and ordered to pay $60,000 in fines as well as over
$1.6 million he held in the account between 1997-1999.
Former
prime minister and UNC chairman Basdeo Panday spent the first
night of his 41 years in public life as a convicted prisoner following
his sentencing yesterday. Guilty
on three counts of making false declarations to the Integrity
Commission, Panday spent last night at the Maximum Security Prison
at Golden Grove, Arouca. (See report on this page).
It
was the first time that a person in such high political office
has been convicted of a criminal offence and jailed, and Panday
was the first person to be found guilty of breaching the Integrity
in Public Life Act.
Panday
remained stoic and he said nothing when Chief Magistrate Sherman
McNicolls handed down the guilty verdict at the Port of Spain
Eighth Magistrates' Court. He intends to appeal.
Many supporters, including his daughter Mikela, who packed the
public gallery in the courtroom, gasped in shock at the verdict
was delivered.
McNicolls
had slapped him with the maximum penalty which means he will be
imprisoned for two years on each of three counts as well as having
to pay a fine of $20,000 per charge.
The
jail terms are to run concurrently, McNicolls ordered, but if
Panday fails to pay the $60,000 fine he faces three years hard
labour in default.
In
addition McNicolls ordered Panday to pay the State, by way of
forfeiture, the sums equivalent to £11,814.72, £37,033.55
and £110,752.08 (a total of about TT$1.6 million) which
represented the money Panday failed to declare to the Integrity
Commission.
One
of Panday's attorneys, Desmond Allum SC, told McNicolls that the
defence intended to appeal the decision at the Court of Appeal
and applied for bail pending this. However,
McNicolls denied this request. McNicolls'
sentencing sent the courtroom silent.
However,
the eruption of emotion could not have been contained when McNicolls
rose and Panday was ushered downstairs to be processed. Supporters
were crying, others were consoling the distressed and attorneys
were busy discussing with the Panday family the next step.
Two
of Panday's daughters, Nikola and Mikela, broke down at one point
after the sentencing. Panday's
wife Oma, made an appearance for the first time in the matter
after the judgment was given. She
arrived at the court around 12.20 p.m., visited Panday, and left
with Nikola one hour and ten minutes later. Both
made no comment.
UNC
chief executive officer Dr Tim Goopeesingh, Princes Town MP Subhas
Panday, Oropouche MP Dr Roodal Moonilal and UNC Deputy Political
Leader Jack Warner also did not comment as they left the court.
Former
UNC Attorney General Ramesh Lawrence Maharaj made a surprise visit
to Panday at the court. When
he was asked how Panday was doing, he hesitated, then responded:
"Mr Panday is Mr Panday."
He
denounced the none granting of bail by McNicolls pending the appeal
as he pointed out that Panday has never been convicted, never
absconded during the summary trial and was a former prime minister
who had done so much for the country.
By
the time the decision was handed down, St Vincent Street was lined
with concerned supporters and jeering opponents who braced both
the rain and the police and army officers on patrol.
Panday,
73, of Bryan's Gate, Phillipine, San Fernando was on summary trial
before McNicolls from March 20 to 27 charged with making false
declaration to the Integrity Commission for 1997, 1998 and 1999
when he allegedly knowingly failed to include an account held
with his wife Oma at the NatWest Bank, 16 Wimbledon Hill Road,
London.
ACP
Wellington Virgil laid the charges under the 1987 Integrity in
Public Life Act while he was head of the Fraud Squad. The
State called four witnesses-former Commission secretary Rosemary
Johnson, Commission Registrar Albert Alkins, Virgil and Fraud
Liaison Officer of the NatWest Bank in London, Kim Curtis-Wynne.
Panday
defended himself along with testimonies by CL Financial chairman
Lawrence Duprey and pundit Dr Parasram Maharaj who is the former
Chief Medical Officer.
Queen
Counsel Timothy Cassel appeared for the State along with Senior
State attorney Wayne Rajbansie while Panday was defended by Queen
Counsel Allan Newman who led Senior Counsel Desmond Allum and
Fyard Hosein and attorneys Devesh
Maharaj, Rajiv Persad and Anand Beharrylal. Allum apologised for
Newman's absence yesterday who was in England on another matter.
During
the trial Panday maintained that the account belonged to Oma and
that he was not obligated to declare it. As
Panday was escorted to Golden Grove in a heavily tinted grey Landcruiser
and escorted by three other police and regiment vehicles around
1.35 p.m., supporters waved and blew kisses to him.
Panday
is also about to face a preliminary enquiry along with wife Oma,
former government minister Carlos John and chairman of Northern
Construction Ltd Ishwar Galbaransingh with respect to corruption
charges stemming out of the Piarco Development Project where he
and his wife are accused of corruptly receiving £25,000
from Galbaransingh and John.
Two
charges of indecent assault and three charges of sexual harassment
against Panday were thrown out in 1995.