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Nov 22, 2018 News
Senior Magistrate Leron Daly yesterday told the court that she will not instruct the Prosecution to disclose the unedited version of a forensic audit
report to the defence since it has pertinent information in regards to other companies.
This ruling by the Magistrate comes months after the Special Organized Crime Unit (SOCU), handed over the forensic report which is the subject of a matter involving four ex-Guyana Rice Development Board (GRDB) members.
Last June, Justice Navindra Singh, ordered SOCU, an arm of the Guyana Police Force, to hand over the forensic audit report which was prepared by Accountant Nigel Hinds.
The said document was handed over to ex GRDB head, Madanlall Ramraj and his Attorney-at-Law.
Ramraj, a former Deputy General of GRDB and People’s Progressive Party Civic (PPP/C) member; former GRDB Manager Jagnarine Singh; former Deputy Permanent Secretary of the Ministry of Agriculture, Prema Roopnarine; and PPP/C MP Nigel Dharamlall, were arraigned on 34 fraud-related charges.
The charges against the accused alleged that they failed to record entries for funds amounting to over $250 million in the agency’s general ledger.
The lawyers representing the defendants are claiming that the Prosecution handed over a forensic audit report which was “doctored”, ultimately to benefit their case.
On the defendants’ last court appearance, the Magistrate told the court that she had considered arguments made by the defence for the Prosecution to hand over the documents.
However, when the matter was called, Magistrate Daly in addressing the court stated that she went through the forensic audit report and it contained material information in relation to forensic audits which were conducted on other agencies.
All the reports for the different agencies were compiled and placed in one document.
The Magistrate added that after perusing the documents she is of the opinion that the defence does not need the unedited version of the report.
She further noted that the information that is contained in the forensic audit report is in relation to other investigations, and she would not like those investigations to be compromised in any way.
She added that the defence does not have the right to access the information of the other agencies, “the entire report is not relevant to the defence because not all the information is relevant to your clients,” Magistrate Daly told the lawyers.
The Magistrate then instructed the Prosecution to call Nigel Hinds, an auditor, who compiled the forensic audit report to testify on behalf of the Prosecution; in this case she said the defence will get the opportunity to cross examine him.
Lawyers representing the defendants on the last occasion had argued that the High Court found that the forensic audit report presented by the Prosecution was not the same that the charges against the defendant stemmed from.
Lawyer for the defendants, Anil Nandlall, had urged the Magistrate to reject the audit report; however this was overruled by the court.
Nandlall had told the court that the forensic report handed over by Nigel Hinds was comprehensive, unaltered and interfered with by any external force.
Attorney-at-Law Glenn Hanoman upon hearing the ruling, yesterday, told the court that the ruling makes no sense and it’s meaningless.
However Magistrate Daly said the court will go ahead with the trial come December 19, 2018.
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