The Court of Appeal is expected to rule next Friday on an application for a stay of the Piarco Airport II preliminary inquiry. The application was filed earlier this year by businessmen Steve Ferguson and Ameer Edoo and three insurance companies after the dismissal of their constitutional motion challenging the repeal of Section 34 of the Administration of Justice (Indictable Offences) Act. If granted, the stay will expire on the determination of the appeal of their dismissed lawsuit which is scheduled to be heard in the Appeal Court between October 21 and 24. During a hearing at the Hall of Justice, Port-of-Spain, yesterday, three Appeal Court judges heard submissions from lawyers representing the applicants, the Attorney General and the Director of Public Prosecutions (DPP). The judges on the appeal panel are Allan Mendonca, Paula-Mae Weekes and Peter Jamadhar.
While making submissions yesterday, British Queen’s Counsel Michael Beloff said it would be unjust for the criminal proceedings to continue while the appeal was pending. Beloff, who is representing Ferguson and the insurance companies, said the stay would save the State both time and money. Edoo’s lawyer, Sophia Chote, SC, submitted her client was not trying to evade justice by bringing the application. She said: “There is nothing in the application which would suggest that we intend to do anything that would bring the administration of justice into disrepute.”
Chote said it would be unfair for Edoo to have to prepare for his appeal while still being required to attend hearings of the inquiry. She noted since being charged in 2002, Edoo has attended 191 hearings. In response, Ian Benjamin, who is heading the DPP’s legal team, said the application should be dismissed. “The proceedings ought to be continued unless there is a very good reason,” Benjamin said. He suggested that the proposed stay would be unfair to some of the accused, who, at a previous hearing, indicated they wanted the inquiry to continue. He added it was in the public’s interest for it to continue and reach a final determination. The preliminary inquiry into fraud charges arising out of the $1.6 billion Piarco Airport Development Project is before Magistrate Ejenny Espinet in the Port-of-Spain Magistrates Court.
The accused in the inquiry are:
• Former finance minister Brian Kuei Tung.
• Former works minister Sadiq Baksh.
• Tyrone Gopee and Edoo.
• Former client representative in the Ministry of Works at the airport project Peter Cateau.
• Former Airports Authority executive Amrith Maharaj.
• Former Maritime Financial Group executive Ferguson and chairman of Northern Construction Ltd Ishwar Galbaransingh.