DEFENCE Attorney, Dexter Todd on Tuesday made a no-case submission calling for the $600M fraud charge against his client, former Public Service Minister Dr. Jennifer Westford, and her Personnel Manager Margaret Cummings to be dismissed.

The women are charged with stealing $639,420,000 belonging to the Government of Guyana, which they allegedly received by virtue of employment between the period of October 19, 2011 and April 28, 2015, while being employed with the former Public Service Ministry.

It is also alleged that between 2011 and 2015, Westford signed 24 memorandums amounting to $639,420,000 and sent them to the permanent secretary at the Office of the President to be signed and approved. The money was said to have been requested for activities to be conducted in the 10 administrative regions.

Todd, during his submission noted that the prosecution had failed to establish that a criminal offence was conducted by Dr. Jennifer Westford or Margaret Cummings individually
“The prosecution has failed to establish both mens rea and actus reus in the offence of Larceny by a Public Officer. The prosecution has ignored the lawful meaning of a public officer and proceeded to try a then Minister under an offence which is not established in law,” the attorney noted.

He also stressed that the prosecution failed to prove that the monies were actually stolen and if, that it was stolen by the two defendants.

“The prosecution has brought no evidence in their case which prima-facie establishes the elements of the charge of Larceny by the Public Officers. It would have been the duty of the State in its case to satisfy beyond reasonable doubt that a crime was committed and that the persons who committed the crime were in fact the defendants” Todd told the

court.
The matter is adjourned until August 9 for state prosecutor Teshana Lake and Natasha Backer to reply to the defence no-case submission.

The Director of Public Prosecutions (DPP) had assigned State Prosecutors to the case.