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| File: Basdeo Panday goes to court with his daughter |
A magistrate in Port of Spain on Tuesday upheld the former Prime Minister's no case submission of failing to declare a London bank account to the Integrity Commission.
It's the second time Panday was before the courts on the same matter. In the first instance his conviction was tossed out by the Privy Council, which stated that there was political influence in the matter. The Law Lords, however, said Panday should be given a new trial.
It's the second time Panday was before the courts on the same matter. In the first instance his conviction was tossed out by the Privy Council, which stated that there was political influence in the matter. The Law Lords, however, said Panday should be given a new trial.
Panday was charged with failing to declare to the Integrity Commission his bank accounts for the years 1997, 1998 and 1999 while he was Prime Minister. He is the only person ever charged under the Integrity in Public Life Act.
His first trial was in 2006. He was found guilty by then Chief Magistrate Sherman McNicolls and jailed for two years. He spent five days at the Maximum Security Prison before being granted bail while his appeal was before the courts. The Privy Council later threw out the conviction.
When the matter went back to court Panday's legal team made a no case submission and on Tuesday Magistrate Marcia Murray upheld that submission, in effect declaring Panday a free man.
Murray discharged Panday, saying: “The court is compelled to stop these proceedings to protect the integrity of the criminal justice system.” She ruled that the Integrity Commission had erred when it failed to give Panday a chance to be heard before a tribunal. She said as a result Panday was deprived of due process of law by sending the matter directly to the Director of Public Prosecutions.
Murray ruled: “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.” Panday's lawyer had argued that the former PM was “singled out” and used as a political football and the investigator failed to complete pertinent checks.
Panday told reporters afterwards, “After all these years of struggle, I have experienced all things, all the ups and downs. My lawyers have done their work and I am really grateful for that.” He added, “I am working and enjoying myself. I am having fun.”
Panday told reporters afterwards, “After all these years of struggle, I have experienced all things, all the ups and downs. My lawyers have done their work and I am really grateful for that.” He added, “I am working and enjoying myself. I am having fun.”
His daughter, former Oropouche West MP Mickela Panday, said: “It has been an emotional, financial and physical strain on us. I am relieved it is over and justice has prevailed. I am pleased with the decision and the truth has come out.”
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