Judge rejects Panday's expert witness, orders list of PNM members

A judge on Monday dismissed an application by Opposition Leader Basdeo Panday to have expert testimony used in a case filed against a magistrate whom he accuses of apparent bias, ruling that the evidence was presented too late.

Justice Vasheist Kokaram made the ruling with respect to an application filed by British QC Geoffrey Robertson on behalf of the former prime minister and his wife, Oma, to have the expert testimony admitted into evidence.

The Pandays are asking the judge to rule that there is an apparent bias on the part of Magistrate Ejenny Espinet, who is presiding over a criminal matter involving them.

Panday and his wife, and businessmen Ishwar Galbaransingh and Carlos John, are accused of bribery offences related to the Piarco Airport Development Project.

Panday's lawyer told the court that Espinet had an obligation to alert the Pandays of her ties with the People's National Movement (PNM).

He added that Espinet's father Alexander Alexis, was a former Cabinet minister in the PNM administration and Parliamentary Secretary of former prime minister Dr Eric Williams.

During cross examination of the PNM's Rose Janierre, Robertson asked her to supply the court, among other things, a list of the membership of the PNM.

In response to the attorney's question about whether she knew of Alexander Chamberlain Alexis, a founding member of the PNM and a former minister in the Eric Williams government, and Espinet’s father, Janierre said she had found no resignation or expulsion of Alexis from the party.

Janierre said she did not know Alexis, never saw him at the party's Balisier House headquarters or at party functions.

Robertson then requested a list of the PNM membership, the lifetime members, and whether Alexis was a member of the ruling party from its inception in 1956.

Justice Kokaram asked Janierre to try her best to have the list prepared for presentation in court Tuesday morning.

Panday's defence team learned on February 12, 2008, that the magistrate was a trustee and treasurer of an organisation named the Morris Marshall Development Foundation, in Laventille.

They argued that the magistrate never disclosed her involvement in the foundation to any of the parties before her. Robertson noted that 10 of the 15 names on the foundation are associated with the PNM, including the current Minister of National Security, Martin Joseph.

“How could she put that out of her mind when she is judging the PNM’s political enemy? Robertson asked. "She had a duty to let the parties know she was the daughter of a PNM hero and founder, that she was introduced by John Jeremie to become a trustee."