THE Court of Appeal has granted an order stopping the magisterial proceeding in the matter against former Minister of Public Service, Dr. Jennifer Westford in relation to eight state vehicles, for which she has been charged with forgery of documents and attempting to transfer same to other persons.

Dr. Westford of Lot 55 ‘AA’ Victoria Avenue, Eccles, East Bank Demerara (EBD) and Ms. Margaret Cummings, former Personnel Officer at the Ministry of Public Service and of Lot 709 Section ‘A’ Diamond, EBD are currently before City Magistrate Fabayo Azore for the charges.

The attorneys for the women were forced to take the motion to the Court of Appeal following a High Court ruling to quash a Constitutional Motion to examine the issue of amnesty. The order granted also, prevents the Director of Public Prosecutions (DPP) and police from prosecuting the two women until the appeal court proceedings is completed.
When the matter was called in the Georgetown Magistrates’ Courts on Monday before Magistrate Azore, it was adjourned until August 7, 2017 for the lawyers to address the court on the way forward. The women are being represented by a team of attorneys – Neil Boston SC, Rexford McKay, Keisha Chase, Eusi Anderson, Bibi Shaddick, Brandon Glasford and Dexter Todd. The trial is led by State Prosecutor Teshana Lake.

In August 2015, the former minister was placed on a total of $800,000 bail after she pleaded not guilty to the charges, which state that between July 17, 2014 and June 23, 2015, she attempted to transfer eight state-owned vehicles to four persons.
Westford’s former aid, Margaret Cummings was also slapped with four counts of forgery. Cummings also pleaded not guilty to four charges which alleged that she forged documents for the purchase of the eight motor vehicles. She was also released on a total of $1.2M bail.

In June 2015, Minister of State, Joseph Harmon, had told the media that it was brought to his attention that some documents were sent to the Guyana Revenue Authority (GRA), purportedly signed by Permanent Secretary of the Public Service Ministry, Hydar Ally.
This was done under Ally’s letterhead, but signed by someone else. It was Ally who directed Harmon to the discrepancy in the paperwork forwarded to GRA for the transfer of eight vehicles. In light of the overwhelming evidence, the vehicles were returned to the government.

Meanwhile, in April 2016, Westford and Cummings were each released on $4.8M bail after denying a total of 24 charges which alleged that they stole over $639M, while being employed in the Public Service. This matter is currently before City Magistrate, Judy Latchman.
According to court facts, Westford was employed as Minister of Public Service from 2001-2015, while her co-accused was the Principal Personnel Officer (PPO) of the Ministry. Cummings was also in charge of the Ministry’s accounts department.

In January 2016, Magistrate Azore overruled a submission citing “executive abuse” made by Senior Counsel, Neil Boston and signalled her readiness to proceed with trial. This was after Boston had contended that the institution of criminal charges against the former Minister and Cummings breaches an amnesty promise made by Minister of State, Joseph Harmon during a June 19, 2015 press conference.

Boston had stated that Harmon had promised that once the vehicles were returned no prosecution would take place. He had stated that during the press conference, Harmon said, “They can quietly bring them (state assets) back to the Ministry, in which they came from or to the Office of the President (OP). They can park them outside the gate…”
Boston had related that all the vehicles were returned to the then Office of the President and in spite of the amnesty, his clients were still charged. The lawyer had made this claim while addressing the court on why court proceedings against his clients should not go forward.

However, the Magistrate ruled that the statement made by Harmon was ambiguous.
She stated that the court is not sure if what the minister said amounts to an amnesty or pardon and signalled her readiness to proceed with trial. The battery of lawyers then moved to the High Court and filed a Constitutional Motion preventing Magistrate Azore from proceeding with the trial. But the Constitutional Motion was quashed some time last year by then Chief Justice (ag) now Chancellor of the Judiciary (ag) Yonette Cummings-Edwards. The lawyers have since appealed the ruling.