Magistrate Marcia Murray says the claim of former prime minister Basdeo Panday that the decision to prosecute him was politically motivated or influenced is credible. She added there was sufficient evidence before the court of the highly charged political atmosphere existing at the time of the institution of the charges against Panday. She made the statement yesterday while ordering the prosecution to disclose correspondence between the Integrity Commission and the Director of Public Prosecution (DPP) between the period 1987 to 2002.
Earlier this week, Panday's attorney David Aaronberg, QC, applied for the disclosure which included the number of times the DPP had declined to prosecute persons referred to him by the commission and the reasons for doing so. Panday is being retried on three charges of failing to declare his London bank account to the commission between 1997 and 1999, contrary to the Integrity in Public Life Act. Aaronberg submitted that information would assist in making an application to stay the proceedings for abuse of process on the ground that Panday was subject of unfair and differential treatment from the commission and the DPP.
In objecting to the disclosure Queen's Counsel representing the state at the retrial, Sir Timothy Cassel, said Panday's lawyers did not adduce any evidence of inequality of, or unfair treatment in relation to Panday. Cassel added that a State witness and the former registrar at the commission Albert Alkins testified there was only one other person who filed false declarations and he was also referred to the DPP and charged. In March 2006, Panday was initially found guilty and sentenced to serve two years in prison, the maximum penalty under the Integrity in Public Life Act, by then chief magistrate Sherman McNicolls. The conviction later was quashed by the Court of Appeal and a retrial ordered, which was upheld on appeal to the Privy Council.
Murray said: "The presumption of bona fides is facilitative of full disclosure by a public authority which has nothing to hide and is genuinely interested in accountability and transparency and in achieving good public administration." The matter was adjourned to next Thursday when the disclosure of the documents from the DPP's office is expected to happen.