THE seven accused in the multi-million dollar New Building Society (NBS) fraud, yesterday made another court appearance before Magistrate Suanna Lovell and the case was again postponed.

Attorney-at-law Ms. Kamini Parag represented Special Prosecutor Hukumchand, who was unable to be present yesterday.

Parag requested a new date for the commencement of the other preliminary inquiry (PI) but this was met with strong opposition by the Defence team which comprised Mr. Nigel Hughes, Ms. Abiola Wong-Inniss and Mr. Roger Yearwood.

Hughes said Hukumchand indicated to the court on the last occasion that the key witness in the case had fled the country.

As a result, he said the court will be able to record the evidence but would not be able to proceed further. “This is nothing but an abuse of process in a literal sense,” he said.

Yearwood reminded the court that, on the last occasion, Hukumchand gave the undertaking that he would take a certain course if the Prosecution was not ready yesterday.

Yearwood said he wished to express his concern that this case has been engaging the court’s attention for well over two years.

The Magistrate inquired from Parag the date when an attempt was last made to contact the witness and the lawyer responded that it was on July 21 when the accused last appeared in court.

She further inquired from Parag if the matter would be able to move forward in the absence of this witness.

Parag however maintained that the Prosecution needs more time to obtain further advice from the Director of Public Prosecutions (DPP) on how to proceed.

The Magistrate adjourned the case to October 19 and informed the Defence team that if by then the Prosecution is not ready to proceed with the preliminary inquiry, she will entertain certain applications.

On July 21 last, one of the charges against five of the accused was discharged in this same court after Magistrate Nyasha Williams-Hatmin ruled that the Prosecution had failed to establish a prima facie case against the quintet on the charge.

Particulars of that offence said on November 8, 2006, at NBS on Avenue of the Republic, Georgetown, they had conspired with each other and other persons to effect the withdrawal of $32,230,384 from Savings and Prosper Account number 4745 in the name of Bibi Shamila Khan, on two cheques, one for $14,430,384 in the name of G. Ramotar and the other for $17,800,000, in favour of Danniram, by defrauding Khan.

Those discharged from it were ex-employees Ashley Legall, Imran Bacchus, Mohan Ram Shahabudin (no addresses given), Kent Vincent, of 1247 Canje Pheasant Lane, South Ruimveldt, Georgetown, and Maurice Arjoon, of 1-2 La Fleur Road, Eccles, East Bank Demerara