“DEY jail Panday, he get
two years!” a man exclaimed as he ran out of the Port of
Spain Magistrates’ Court on St. Vincent Street, Port of
Spain.
A small gathering of United National Congress (UNC) supporters
and the media was anxiously waiting to hear the decision of Chief
Magistrate Sherman McNicolls in the trial of Opposition Leader
Basdeo Panday on Monday morning.
For a moment there was silence and shock, but those who were outside
the court did not believe that Panday was jailed because the verdict
had only moments before been announced by Magistrate McNicolls.
The news then followed that Panday was fined $20,000 and jailed
for two years for failing to declare a London Bank account, held
jointly by himself and his wife, Oma, to the Integrity Commission,
for three consecutive years, l997, l998 and l999, while he was
prime minister.
The magistrate also denied him bail to appeal his case.
There was weeping inside the courtroom, with some women shedding
copious tears as Panday was led away by the police to the court
cells.
First to come out of the court after the verdict was acting Assistant
Commissioner of Police Wellington Virgil, who was head of the
Fraud Squad when Panday was charged on September 18, 2002.
He confirmed to the media that Panday had indeed been fined and
jailed.
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Expressions
of shock on the faces of UNC CEO
Dr. TIM GOPEESINGH (right) and Dr. RUPERT
GRIFFITH (centre) over the jailing of
BASDEO PANDAY.

One
of Basdeo Panday’s attorneys, DESMOND
ALLUM SC, appears dejected over the harsh
sentence.

Heavily-armed
police officers outside the court.
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Vigil was followed shortly after by one of Panday’s defence
attorneys, Desmond Allum, SC, who also appeared surprised by the
“harsh” sentence, telling reporters that an application
for bail would be made to a Judge in Chambers.
By this time, the faces of Panday’s supporters were registering
total disbelief that their leader was sentenced to two years’
hard labour.
Outside the court became a beehive of activity as reporters and
supporters jostled to get comments from UNC Chief Executive Officer
Dr. Tim Gopeesingh, UNC MPs Subhas Panday (Panday’s brother),
Dr. Roodal Moonilal, UNC Deputy Political Leaders Wade Mark and
Jack Warner, who all refused to say anything about the sentence.
Heavily armed police officers were on hand to prevent any outbursts
from members of the public.
Shock was written on all their faces and some seemed confused
as to what they could do to try and stop Panday from spending
the night in jail.
It was indeed a sad day in the history of politics -- not only
in Trinidad and Tobago but the entire English-speaking Caribbean
-- for a sitting Member of Parliament (an Opposition Leader) to
be jailed on an integrity issue.
Chief Magistrate McNicolls, in his verdict, said he did not believe
Panday or his main witness, billionaire businessman Lawrence Duprey.
The magistrate said he inferred from the facts that Panday was
not speaking the truth when he said he did not consider the monies
(totalling $1.5 million) in the account to be his and his reason
for not disclosing it.
Indeed, by his own admission, Panday accepted that the money was
for his family and Panday’s own witness (Dr. Rampersad Parsaram)
confirmed that even though the wife took care of the money it
was the family wealth, McNicolls noted.
The magistrate said he also inferred from the facts that the continued
use of Mrs. Panday’s maiden name and her parents’
address in Marabella, where the bank statements were sent, was
a deliberate attempt to conceal the account.
On Duprey’s evidence, McNicolls said if he (Duprey) was
speaking the truth that it was financial assistance, which adds
up to a gift, then it was all the more reason why the defendant
would want to deliberately withhold disclosing the account because
it was given by a large businessman to the Prime Minister’s
family and there were consequences that would flow from such a
transaction.
Panday, in his defence, said the money in the account was given
to his wife as scholarships for the children.
Legal sources told TnT Mirror the evidence of the two witnesses
Panday called to support his case backfired.
Panday, who was asked to bow out in grace after his party’s
defeat in the last general election, will apparently be leaving
the political arena in disgrace.
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