Aug 17, 2019 News Comments Off on Magistrate strikes out charges against Superbet operators
One week after eight Superbet operators were arraigned before Magistrates to answer charges in relation to operating illegal business premises, the matters against four of them were yesterday struck out.
Four of them were brought before Senior Magistrate Leron Daly in the Georgetown Magistrates’ Courts. The others were heard at the Providence Magistrates’ Courts before Magistrate Sunil Scarce.
Attorney-at-law Anil Nandlall is representing all the defendants. On the first occasion that the matters were called the attorney made an application at both courts, asking that the charges against his clients be dismissed.
The matters in the Georgetown Magistrates’ Courts which were ten charges have been dismissed while the matters at Providence Magistrates’ Courts was given another date to present submissions against the application by the attorney.
The basis for the application, according to Nandlall, is because the police do not have the authority to institute such charges against his clients. In fact, the lawyer contended that the Guyana Revenue Authority (GRA) is the appropriate agency to file the charges.
The attorney argued that these matters are in relation to not having a business licence. He said that such investigations lie with GRA. Therefore, he mentioned that in this case the police cannot institute the charge(s) against his clients or be the ones carrying out the investigation.
Both magistrates agreed with the challenge raised by the defence and asked that the police provide clarity as to who will be handling the matters.
In the Georgetown Magistrates’ Courts the prosecutor highlighted the police right to prosecute the matters based on the Police Act and the Summary Jurisdiction Act.
However, the prosecutor indicated that the charges are based on the Tax Act. Therefore, Magistrate Daly upheld the submission of the defence council citing that if the bases of the charges are on the Tax Act, then GRA should prosecute the matters as in accordance to the Revenue Act. The charges were then struck out.
On the other hand, in the Providence Magistrates’ Courts, the prosecution was given additional time after making an application to extend the response time so as to present a proper submission in relation to the matters.
As a result Magistrate Scare granted the prosecution until September 2, 2019 to make their submissions.
There are now four Superbet operations now before the courts, the remainder being from East Bank Demerara.
They are Nicetime Superbet owned by Roumayne Dunn of 50 North West, Grove Public Rod East Bank Demerara, Prospect Game Centre owned by Lachman Frederick of 22 Prospect Public Road, East Coast Demerara, RJ’s Business owned by Jessica William of 224 Section ‘C’ Block Y Golden Grove, East Bank Demerara and Rama Superbet owned by Hamauth Satayadeo of 1061 Section ‘C’ Golden Grove, East Bank Demerara.
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