Lawyers representing former works minister Franklin Khan yesterday questioned why their client was charged with corruption even though statements from the State’s main witness against him were contradicted by other witnesses. Khan’s attorney Gilbert Peterson raised the issue while cross-examining retired Assistant Police Commissioner (ACP) Glenroy Woodley during Khan’s ongoing lawsuit for malicious prosecution. The case is currently before Justice David Harris presiding in the Port-of-Spain High Court. Through the lawsuit, Khan is seeking to recover almost $1 million in legal fees which he incurred while defending himself against the ten charges.
Questioning Woodley for a little over two hours, Peterson repeatedly asked the investigator what steps he took to verify accusations that former PNM councillor Dhansam Dhansook had made against Khan, former government minister Eric Williams and other public officials. “Every time you interviewed him, he (Dhansook) widened his net of allegations against persons...That did not make you suspicious?” Peterson said. Peterson also asked why other people named by Dhansook were not prosecuted for corruption. Woodley said he interviewed everyone mentioned by Dhansook in his statements to police. He said in keeping with proper police procedure he recorded the statements and compiled a file on the investigation which was reviewed by the Director of Public Prosecutions (DPP), who instructed that the charges should be laid against Khan.
Woodley said there was insufficient evidence against the other persons named by Dhansook. Peterson also questioned why Khan was prosecuted even after the charges against Williams were dismissed with Dhansook being declared an “unreliable and unbelievable” witness by the presiding magistrate. In November 2005, Khan, then MP for Ortoire/Mayaro, was charged with six counts of misbehaviour in public office for allegedly receiving a little over $120,000 in bribes between 2001 and 2003, in exchange for contracts to Dhansook’s company. A year later, he was charged with three charges under the Corruption Act and one for attempting to pervert the course of justice. In September 2010, the charges were dismissed after DPP Roger Gaspard said the prosecution would be discontinued because Dhansook had recanted. According to the evidence, Dhansook first raised the issue in two letters to former Prime Minister Patrick Manning. Manning sent them to the Integrity Commission, which in turn referred the case to the Fraud Squad. Giving evidence last week, Khan admitted receiving six cheques from Dhansook but said the money was repayment on a loan. Senior Counsel Pamela Elder and attorney Larry Lalla are representing Woodley and the State. Peterson is expected to complete his cross-examination next Tuesday.