Former prime minister and UNC chairman Basdeo Panday spent the first night of his 41 years in public life as a convicted prisoner following his two year sentencing on corruption charges yesterday.
By Hayden MillsGuilty on three counts of making false declarations to the Integrity Commission, Panday spent last night at the Maximum Security Prison at Golden Grove, Arouca.
It was the first time that a person in such high political office has been convicted of a criminal offence and jailed, and Panday was the first person to be found guilty of breaching the Integrity in Public Life Act.
Panday remained stoic and he said nothing when Chief Magistrate Sherman McNicolls handed down the guilty verdict at the Port of Spain Eighth Magistrates' Court.
He intends to appeal.
Many supporters, including his daughter Mikela, who packed the public gallery in the courtroom, gasped in shock at the verdict was delivered.
McNicolls had slapped him with the maximum penalty which means he will be imprisoned for two years on each of three counts as well as having to pay a fine of ,000 per charge.
The jail terms are to run concurrently, McNicolls ordered, but if Panday fails to pay the ,000 fine he faces three years hard labour in default.
In addition McNicolls ordered Panday to pay the State, by way of forfeiture, the sums equivalent to ?11,814.72, ?37,033.55 and ?110,752.08 (a total of about TT.6 million) which represented the money Panday failed to declare to the Integrity Commission.
One of Panday's attorneys, Desmond Allum SC, told McNicolls that the defence intended to appeal the decision at the Court of Appeal and applied for bail pending this.
However, McNicolls denied this request.
McNicolls' sentencing sent the courtroom silent.
However, the eruption of emotion could not have been contained when McNicolls rose and Panday was ushered downstairs to be processed.
Supporters were crying, others were consoling the distressed and attorneys were busy discussing with the Panday family the next step.
Two of Panday's daughters, Nikola and Mikela, broke down at one point after the sentencing.
Panday's wife Oma, made an appearance for the first time in the matter after the judgment was given.
She arrived at the court around 12.20 p.m., visited Panday, and left with Nikola one hour and ten minutes later.
Both made no comment.
UNC chief executive officer Dr Tim Goopeesingh, Princes Town MP Subhas Panday, Oropouche MP Dr Roodal Moonilal and UNC Deputy Political Leader Jack Warner also did not comment as they left the court.
Former UNC Attorney General Ramesh Lawrence Maharaj made a surprise visit to Panday at the court.
When he was asked how Panday was doing, he hesitated, then responded:
"Mr. Panday is Mr. Panday."
He denounced the none granting of bail by McNicolls pending the appeal as he pointed out that Panday has never been convicted, never absconded during the summary trial and was a former prime minister who had done so much for the country.
By the time the decision was handed down, St Vincent Street was lined with concerned supporters and jeering opponents who braced both the rain and the police and army officers on patrol.
Panday, 73, of Bryan's Gate, Phillipine, San Fernando was on summary trial before McNicolls from March 20 to 27 charged with making false declaration to the Integrity Commission for 1997, 1998 and 1999 when he allegedly knowingly failed to include an account held with his wife Oma at the NatWest Bank, 16 Wimbledon Hill Road, London.
ACP Wellington Virgil laid the charges under the 1987 Integrity in Public Life Act while he was head of the Fraud Squad.
The State called four witnesses-former Commission secretary Rosemary Johnson, Commission Registrar Albert Alkins, Virgil and Fraud Liaison Officer of the NatWest Bank in London, Kim Curtis-Wynne.
Panday defended himself along with testimonies by CL Financial chairman Lawrence Duprey and pundit Dr Parasram Maharaj who is the former Chief Medical Officer.
Queen Counsel Timothy Cassel appeared for the State along with Senior State attorney Wayne Rajbansie while Panday was defended by Queen Counsel Allan Newman who led Senior Counsel Desmond Allum and Fyard Hosein and attorneys
Devesh Maharaj, Rajiv Persad and Anand Beharrylal. Allum apologised for Newman's absence yesterday who was in England on another matter.
During the trial Panday maintained that the account belonged to Oma and that he was not obligated to declare it.
As Panday was escorted to Golden Grove in a heavily tinted grey Landcruiser and escorted by three other police and regiment vehicles around 1.35 p.m., supporters waved and blew kisses to him.
Panday is also about to face a preliminary enquiry along with wife Oma, former government minister Carlos John and chairman of Northern Construction Ltd Ishwar Galbaransingh with respect to corruption charges stemming out of the Piarco Development Project where he and his wife are accused of corruptly receiving ?25,000 from Galbaransingh and John.
Two charges of indecent assault and three charges of sexual harassment against Panday were thrown out in 1995.
Summary:
- Guilty on all three counts of failing to declare a London bank account to the Integrity Commission for the years 1997, 1998 and 1999, respectively, contrary to Section 27 (1)(b) of the Integrity in Public Life Act 1987
Sentence:
- Two years? imprisonment with hard labour on each of the three counts
- The sentences are to run concurrently
- A fine of TT$20,000 on each count
- He is to forfeit the equivalent of ?159,600.35, the total accumulated year-end balances in the account for the three years charged
- In default of these payments, he will serve a further three years imprisonment with hard labour
