Three witnesses who failed to appear before the Commission of Enquiry into the collapse of CL Financial, and who learnt they were to be summoned to the Port-of-Spain Magistrates Court yesterday, turned up there only as a mark of respect and courtesy.
Attorneys for former CL Financial finance director Andre Monteil and former Clico Investment Bank (CIB) president Lennox Archer said their clients had not been properly served to appear before the court. However, they opted to attend yesterday’s hearing out of an abundance of caution.
The third intended defendant, former CIB president Richard Trotman, who was unrepresented, said he learned of the case in the media and cancelled a business trip in order to be present. He too said his appearance was meant to be a sign of respect to the court. Of the four summonses issued, only one was served in time, to former CIB vice-president Mala Gandhi, who was also present yesterday. Although Gandhi was properly before the court, the charge was not read to her.
The summonses were issued on behalf of the complainant Judith Gonzalez, secretary to the enquiry. Gonzalez filed the complaint, on instructions from enquiry chairman Sir Anthony Colman, under Section 33 of the Summary Courts Act.
During the commission’s sitting on May 1, Colman expressed his disgust at the fact that Archer, Gandhi, Trotman, Monteil and former Clico chairman Lawrence Duprey had again failed to appear before the commission. He was particularly peeved at the non-appearance of Monteil and Duprey, considered to be two of the main witnesses in the enquiry. Colman noted he could not take any action against Duprey because he was out of the jurisdiction. Duprey lives in Florida and has not been back home since 2009.
However, Colman ordered that charges be filed against the others for failing to appear, under Section 12 of the Commission of Enquiry Act. Under the act, people found guilty of the offence would be liable to a fine of $2,000. Yesterday’s matter was heard before Senior Magistrate Annette Mc Kenzie in the Port-of-Spain Fourth Court. Gonzalez was represented by Israel Khan, SC, Wayne Sturge and Lemuel Murphy.
Monteil was represented by Michelle Solomon-Baksh, instructed by Kimberly Mulligan, and led by Sophia Chote, SC. Khan asked for fresh summonses to be issued for the three not yet served, after which the matter was adjourned to June 12.