Dillon’s case not sealed here

AZARD ALI

WEDNESDAY’s decision in the United States by a judge sealing documents in the case relating to a deed of transfer of property to National Security Minister Edmund Dillon by his friend, is not applicable in TT.

This is the view of former registrar of the Supreme Court Toolsie Ramdin, who said that during his tenure he had cause to seal many cases. Ramdin explained to Newsday that to seal a case in TT’s jurisdiction – as in the case of the niece of Dillon’s friend Neville Piper, 88 – a type of wax is place on the docket into which the documents are bound.

Over the past seven months, Dillon attended the US Supreme Court in New York on four occasions in relation to a case in which Piper’s niece, Esther Nicholls, who filed for his guardianship, questioned the validity of the transfer of half share of a Manhattan apartment and US$50,000 from Piper to Dillon. Nicholls claimed that Piper had neither authorised nor participated in any such transfer. The case ended on Wednesday before Judge Laura Visitacion-Lewis who ordered the file sealed and that no finding of wrongdoing was determined in respect to Dillon and his attorney Ernest Wilson.

A matter is sealed when an application is made by attorneys in the interest of the parties, but a judge has to be satisfied that the public interest is not compromised to a great extent. Such cases involve very large sums of money and bank accounts that if the amount was to be revealed, litigants involved could be put at risk. Such cases involving minors are also sealed along with those that have the potential to influence jurors’ minds. Certain divorce cases are also sealed.

Senior Counsel Hendrickson Seunath said that Dillon’s case was not criminal fraud but one which involved the elderly.

“It could have been legitimate. When people are ailing and there is property involved, it is then relatives begin to show up. Allegations can be made by anyone. It appeared there was nothing telling about it and maybe the court felt enough damage has been done.”

Ramdin agreed with Seunath and said, “In the US, I believe a ribbon is placed on the file and placed in the custody of the registrar. I have sealed files as former registrar in matters relating to millions of dollars, lands and children. Such cases can only be reopened by an application to the court.”

Ramdin said that if Dillon’s attorneys want the local media to obey the US judge’s order, his attorneys would have to file in TT’s courts a special application in accordance with legislation known as The extension of judgements Act. The court would then request affidavits and make its own determination.