Magistrate dismisses GEA’s false declaration charge against Atlantic Fuels Inc.

Mar 26, 2023 Court Stories, Features / Columnists, News

Kaieteur News – The false declaration charge laid against Atlantic Fuel Inc. by head of the Guyana Energy Agency (GEA) was on Friday discharged by Magistrate Dylan Bess.

Dr Mahender Sharma of the Guyana Energy Agency (GEA) had accused Atlantic Fuels Inc. of making a false declaration on an invoice submitted under the 2014 Petroleum Regulation of the Guyana Energy Agency Act.

On Friday, Magistrate Bess dismissed the case after he upheld a no case submission made by attorney Siand Dhurjon.

The Magistrate ruled that the evidence led by GEA’s attorney Arud Gossai failed to provide sufficient evidence for Atlantic Fuel Inc. to lead a defence in the case. The false declaration allegation against the company was the last charge in a number of allegations leveled against the company.

On Wednesday, Magistrate Bess dismissed a similar charge against Director of Atlantic Fuel Inc. Eugene Gilbert brought by Guyana Revenue Authority (GRA).

In January 2021, 69-year-old Gilbert made his first court appearance at the Georgetown Magistrates’ Courts. 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.

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.

Dhurjon stated that Magistrate Bess found favour with his submissions and ruled that the charge filed by Prosecutor 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 explained 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 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.

This was reportedly not the first time the fuel company has been accused of tax fraud. In 2019, GRA investigations revealed a similar situation involving Atlantic Fuels Inc.