Magistrate throws out GRA charge against Director of Atlantic Fuels Inc.

Mar 23, 2023 Court Stories, Features / Columnists, News

Kaieteur News – Magistrate Dylon Bess on Wednesday upheld a no-case submission made by the attorney for the Director of Atlantic Fuels Inc., who was charged for allegedly making a false declaration on an invoice.

In January 2021, 69-year-old Eugene Gilbert, the Director of AFI made his first court appearance at the Georgetown Magistrates’ Courts. The charge was brought by the Guyana Revenue Authority (GRA). It was alleged that on November 12, 2020 at the GRA, Camp Street, Georgetown Headquarters, Atlantic Fuels Inc. caused to be made and subscribed a false declaration on invoice number 100 valuing $100,000 for customs declaration reference number GY 410C, contrary to section 217 (1) (a) of the Customs Act, Chapter 82:01. Gilbert was out on $300,000 bail for the offence.

Director of Atlantic Fuels Inc., Eugene Gilbert

Attorney-at-Law Siand Dhurjon, who represented the Director, stated that he made a no-case submission on behalf of his client and on Wednesday afternoon the magistrate upheld his submission. Special Prosecutor, Jason Moore represented GRA in the matter. According to Dhurjon, Moore also made a submission to the court.

Dhurjon stated that Magistrate Bess ruled that he reviewed the submissions made by the prosecutor and the lawyer. He added that the magistrate found favour with his submissions that the falsity of the invoice was not proven by the prosecutor.

The magistrate further ruled that the charge filed by Moore ‘lack specificity of the falsity’ that the GRA was alleging.

“The magistrate was at a loss for the Court could not know if the falsity alleged had to do with the value declared, the amount of fuel declared or the supplier. The magistrate reminded Mr. Moore that a court must never have to speculate and that an accused must always know the case he has to meet. The Court held that Mr. Jason Moore failed to make out the charge against AFI even at the preliminary prima facie stage,” the lawyer disclosed.

He continued that the court asked GRA to be reminded that the emails admitted into evidence concerning the fuel transaction were not admitted for the truth of their contents but merely for the fact that such correspondences were exchanged.

Kaieteur News had reported that according to a court document seen by this publication, Commissioner-General of GRA, Godfrey Statia is listed as the complainant and Atlantic Fuels Inc. is listed as the respondent.

The fuel company is owned by former Chief Executive Officer (CEO) of the Guyana Water Incorporated (GWI), Dr. Richard Van West Charles. It was stated that the fuel company had allegedly been caught recording less than the amount of fuel in a shipment which caused the revenue authority to lose revenue and this is not the first time the fuel company has been caught up in allegations of tax fraud. In 2019, GRA investigations revealed a similar situation involving Atlantic Fuels Inc.

• Atlantic Fuels Inc., Director, Dylon Bess, Eugene Gilbert, Magistrate