Director of Public Prosecutions (DPP) Roger Gaspard has withdrawn his lawsuit seeking a review of a magistrate’s decision to free former prime minister Basdeo Panday of three corruption charges. The judicial review case was retracted during a hearing before three judges of the Court of Appeal yesterday, in which Magistrate Marcia Murray was challenging Justice James Aboud’s decision to give Gaspard permission to pursue the lawsuit.
It came moments after the appeal panel questioned the purpose of the lawsuit, as even if the DPP had succeeded, it would have been a mere academic review of Murray’s reasoning, as Aboud had barred Gaspard from using it as a tool for reopening the case against Panday when he granted leave to proceed in April. The three-member panel was Appeal Court judges Allan Mendonca, Rajendra Narine and Maureen Rajnauth-Lee.
During Panday’s trial in the Port-of-Spain Magistrate’s Court on June 26, 2012, Murray discharged him after upholding a no-case submission from his lawyer. Panday was alleged to have failed to make Integrity Commission declarations of the assets of an account, amounting to approximately $1.6 million, at the National Westminster Bank at Wimbledon Hill Road, London, for 1997, 1998 and 1999. He was prime minister at the time.
Panday was found guilty and sentenced in March 2006 by Chief Magistrate Sherman Mc Nicolls to two years in prison. Panday appealed Mc Nicolls’ decision and the conviction was eventually quashed by the Court of Appeal and a retrial ordered. The Court of Appeal’s decision was upheld by the Privy Council.
In her 19-page ruling in the retrial Murray said the Integrity Commission had failed to comply with the provisions of the Integrity in Public Life Act as it did not fully and fairly investigate the issue before charges were laid. Murray said: “The misconduct of the Integrity Commission was so serious that it would undermine public confidence in the criminal justice system and bring it into disrepute. “The court is therefore compelled to stop these proceedings to protect the integrity of the criminal justice system.”
While Justice Aboud agreed that a review of the decision was necessary to provide guidance for the commission’s future investigations, he said Panday should not face the prospect of a third trial. Aboud referred to the significant period of time between Panday’s alleged crimes and his two previous trials, his age (82) and the legal fees he incurred in defending the charges.
Gaspard was represented by Ian Benjamin, while Ricki Harnanan appeared for Panday. Senior Counsel Avory Sinanan and Larry Lalla represented the magistrate’s interest in the case.