SENIOR Counsel Neil Boston is maintaining that the institution of criminal charges against former Minister of the Public Service Jennifer Westford and her Personal Assistant, Margaret Cummings breaches an amnesty made by Minister of State Joseph Harmon during a post-cabinet media briefing last June.Yesterday Boston made an hour-long submission before City Magistrate Fabayo Azore in the Georgetown Magistrates’ Court while addressing the court on why court proceedings against the former minister and her personal assistant, should not go forward.
Thereafter, Police Prosecutor Bharrat Mangru was given until November 30, 2015 to reply to the attorney’s submission.
The former minister was placed on a total of $800,000 bail after she pleaded not guilty to charges that between July 17, 2014 and June 23, 2015, she attempted to transfer eight State-owned vehicles to four persons, including her husband Gary Beaton. Osbert McPherson, Wayne Walker and Delroy Lewis are the others.
Cummings was also slapped with four counts of forgery. She pleaded not guilty to four charges which alleged that she forged documents for the purchase of the eight motor vehicles. She has been released on a total of $1.2M bail.
AMNESTY
In his opening remarks, Boston assured the court that his application had nothing to do with prejudice or fairness. He affirmed that it had to do with “executive abuse.” The lawyer recalled that over the years, the court had frowned on attempts by any executive to wrongfully misuse the process of the court.
During his submission, Boston informed the court that the Minister of State had announced an amnesty for persons in possession of state assets. He revealed that the amnesty was brought to light during a June 19 press conference, which he said was aired on HGPTV.
However, Boston said that all the vehicles were returned to the Office of the President and in spite of the amnesty, his clients were charged. “It offends this court’s sense of justice and priority to be asked to try the two defendants in the circumstances.” He commented that the court process was wrongfully being misused by the filing of the charges.
The lawyer told the court that his clients had been employed in the Public Service before May 11, 2015. He said that Westford was Minister of the Public Service and Cummings was acting permanent secretary.
Boston explained that subsequent to May 11, there were allegations to the effect that attempts were made to transfer seven Government vehicles from the Ministry of Public Service.
At a post-Cabinet media briefing in June, Minister Harmon had opined that the persons who returned the vehicles probably took the opportunity to take advantage of the limited amnesty offered by government, to have persons return state assets before they were prosecuted.
An audit, one of several being undertaken to account for state assets, revealed that vehicles had been transferred, just prior or after, the May 11, 2015 General Elections.
According to the minister, the police investigations into the misappropriation of State-owned vehicles, eight from the Public Service Ministry, had been returned to the Ministry of the Presidency. Between June 19 and 20, five vehicles were returned then three were returned before June 19. The set of vehicles was reportedly transferred in the waning days of the previous administration at the behest of former Public Service Minister, Dr. Jennifer Westford, to several individuals.

By Clestine Juan