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Jul 09, 2022 News
…after prosecution fails to provide evidence
Kaieteur News – The prosecution in the case of a Better Hope, East Coast Demerara (ECD) businessman, who was held at the Cheddi Jagan International Airport (CJIA), back in 2016 with $4M worth of jewellery, was unable to present evidence to support the two money laundering charges that the police instituted against the businessman.
On Thursday, after six years of being charged, Senior Magistrate Leron Daly in the Georgetown Magistrates’ Court, dismissed the two of money-laundering related charges, against Richard Ramjit, a goldsmith.Ramjit was charged for knowingly falsifying documents contrary to section 6 (2) of the Anti-Money Laundering and Countering the Financing of Terrorism act, 2009, cap. 10:11 and exporting gold without a licence, contrary to section 8 of the Gold Board Act, cap. 66:01.
He was alleged to have attempted to export gold without a licence and failure to declare a gold band and gold neckwear which collectively weighed 19.12 ounces, and had an estimated value of $4.15M. The incident occurred on January 19, 2016 at the CJIA.
Ramjit’s lawyer, Latchmie Rahamat had made a no case-submission to the court. In that submission, she contended that her client was charged under Section 6(2), when it is Section 6(1) which creates the offence.
According to Rahamat in her submission, the prosecution charged her client under the penalty clause and not the offence creating clause.
As such, she contended that it rendered the charge defective and even called for them to be dismissed accordingly.
Rahamat told the court that with the charge that was instituted, the prosecution was required to lead evidence to establish several elements which they did not.
The lawyer was adamant, the prosecution failed to prove that the defendant falsified any documents, that there was no evidence to prove any money laundering or that her client exported gold without a licence since he never left the jurisdiction.
Senior Magistrate Daly upheld, Rahamat’s no-case submission and the matter was dismissed. According to her, with the court’s ruling, she will be writing to the Special Organised Crime Unit (SOCU) to return her client’s gold.
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