After several failed attempts, businessmen Steve Ferguson, Ameer Edoo and three insurance companies were yesterday granted a stay of the Piarco Airport II preliminary inquiry. In granting the stay of the proceedings, three Appeal Court judges agreed with the group’s lawyers, who claimed that it would be unfair for the inquiry to continue whilst their appeal over the repeal of Section 34 of the Administration of Justice (Indictable Offences) Act was pending.
The preliminary inquiry relates to fraud charges arising out of the $1.6 billion Piarco Airport Development Project. As part of the ruling, the appeal panel, which consisted of Justices Allan Mendonca, Paula-Mae Weekes and Peter Jamadar, ordered the State to pay the group’s legal costs for bringing the stay application. The inquiry, which is before Magistrate Ejenny Espinet in the Port-of-Spain Magistrates Court, was due to resume next Friday.
As a result of yesterday’s ruling, the inquiry may only resume after the group’s substantive appeal is determined by the court. The appeal will be heard between October 21 and 24. In his oral ruling on the issue, Mendonca said: “The balance of justice favours the granting of the stay. Staying these proceedings for a short period would not significantly interfere in the criminal committal procedure.” He also said that the court was satisfied that the group’s appeal was not frivolous or vexatious.
Mendonca dismissed submissions from the lawyers representing the office of the Director of Public Prosecutions (DPP), who while making submissions last week, claimed that it was in the public’s interest for the proceeding to continue. He acknowledged that prosecuting citizens for serious offences was in the public’s interest, but said: “It is also in the public’s interest that fundamental rights under the Constitution are not violated but are protected.”
Mendonca also agreed with the group’s submission that the stay would save judicial time and money, especially if their appeal was successful. Ferguson first applied for a stay of the proceedings immediately after High Court Judge Mira Dean-Armorer dismissed the group’s Section 34 constitutional motion on April 5.
In her ruling, Dean-Armorer dismissed Ferguson’s application but later entertained a similar one raised by Edoo and the insurance companies—Maritime Life (Caribbean) Ltd, Maritime General Insurance Co Ltd and Fidelity Finance and Leasing Co Ltd. However, their application was eventually dismissed on April 29. At a hearing of the inquiry earlier this year, the group petitioned Espinet to adjourn the matter until the determination of the appeal but their request was again denied.
The group’s legal team included Michael Beloff, QC, Senior Counsel Fyard Hosein and Sophia Chote and attorneys Rishi Dass, Robin Otway and Vijay Deonarine. Ian Benjamin led the DPP’s legal team, while British Queen’s Counsel Allan Newman and attorney Gerald Ramdeen represent the State.