Court: Boston’s submission ‘flawed’
NEIL Boston, attorney for former Public Service Minister Jennifer Westford was yesterday granted a seven-day adjournment to consider the merit of a court ruling, and to consider whether the defence would file an appeal in the High Court.This was after city Magistrate Fabayo Azore overruled a submission of executive abuse. In her ruling, the magistrate pointed out that the Magistrates’ Courts had no jurisdiction to deal with matters of executive abuse. Instead, she said, the court only had jurisdiction to deal with abuse by the prosecution and delays in trials.
She further noted that the present case fell in the category of a supervisory decision and the issue should probably be raised in the High Court.
The alleged immunity that Minister of State Joseph Harmon was supposed to have granted to the former minister and her assistant Margaret Cummings, surfaced during a press conference on June 19 aired on HGPTV. Harmon is said to have promised not to prosecute persons in possession of state assets if they returned them to the government before a certain deadline.
This submission was overruled, for the magistrate deemed that the statement made by Harmon was ambiguous. She stated that the court was not sure whether what the minister said amounted to an amnesty or pardon.
Magistrate Azore deemed the attorney’s submission “flawed” and overruled the preliminary point.
After hearing the magistrate’s decision, attorney Boston and his team of high-powered lawyers representing both accused requested a seven-day adjournment. Thereafter, Police Prosecutor Corporal Bharat indicated his readiness to the court to proceed with trial, but however requested an adjournment date to prepare his witnesses. The matter was adjourned until January 26.
On July 29, the former Government Minister appeared in the Georgetown Magistrates’ Court slapped with four charges of attempted larceny. Westford entered a plea of not guilty when the charges were read to her by Acting Chief Magistrate Ann McLennan.
The charges alleged that between July 17, 2014 and June 23, 2015, Westford attempted to transfer vehicles to four persons, namely: her husband Gary Beaton, Osbert McPherson, Wayne Walker and Delroy Lewis.
Her assistant, Margaret Cummings, was also charged for the attempted transfer of the state vehicles. Cummings pleaded not guilty to the charges which alleged that she forged certain documents for the purchase of the eight motor vehicles. The duo was released on $300,000 bail for each of the four charges.