Warner pleads not guilty to illegal mining charge

FOUNDER OF the Warner Group of Companies Allan Warner, who was charged with operating an aggregate wash plant without a licence, appeared in court on July 19 for the first time.

Warner, 74, of Tower 2, Tragarete Road, Woodbrook, appeared virtually before Arima magistrate Avion Gill, presiding in the Third District Court.

After the charge was read to Warner, he pleaded not guilty. He remains out on $100,000 bail.

Assistant Director of Public Prosecutions Anju Bhola and Stacy Laloo-Chung made an application for Warner's matter to be joined with a related matter where his son Aluko Ato Warner and seven others on a similar charge.

But Warner's lead attorney Pamela Elder SC said the state's application was premature.

"Curb your enthusiasm, prosecutor," she said.

Elder said under section 64(2) of the Summary Courts Act it was not possible for the prosecution to simply make an application to join the matters based on the similar facts.

Elder argued that the state had not yet filed the summary of evidence or any statements in the case, so there was nothing before the court to suggest that both matters had similar facts.

She said even if the state can show both matters had similar facts, the power to join the matter resides with the court and the magistrate must determine, whether, in the interest of justice, the matters should be tried together.

She requested the state to submit legal submissions on the issue before she responded in like manner.

In response, Bhola said the summary of evidence will be filed in time for the next hearing and she will renew her application.

The magistrate directed the prosecution to file and serve the summary of evidence by July 26. She also ordered the state to disclose notes taken by police investigators by August 2.

All statements of the prosecution witnesses are to be filed and served on the defence by August 20.

The matter was adjourned to September 27.

Attorney Russell Warner (no relation to Allan Warner) appeared alongside Edler.

In the other matter, Aluko Warner, Robert Wilson, Reuben Maprangala, Ricky Joseph, Corey Charles, Deon George, Shastri Mahadeo, and Kimal Williams also had their matter adjourned to September 27. They are all out on $75,000 bail.

They were represented by attorney Farai Hove Masaisai and Sallian Holdip-Francis.

The Warners and the other men are facing the same charge of processing aggregate without a licence.

On May 2, police officers of the Multi-Agency Task Force raided a multi-million-dollar wash plant at Moonan Road, Agua Santa, Wallerfield, arrested eight people and seized the heavy equipment used in mining.

Allan Warner was arrested on July 2 and charged two days later for the same offence.

Police have remained on-site at the plant, owned by Warns Quarry Co Ltd, since then. On July 10. the company filed a constitutional motion against the Attorney General and the Director of Public Prosecutions, seeking to get back control of the plant, its machinery and cellphones seized. That matter came up for hearing on July 17 before Justice Frank Seepersad and has been adjourned to August 20, when the judge is expected to rule on the injunctive reliefs sought by the company.

The acting DPP Joan Honore-Paul, in an affidavit, objected to the application for injunctive relief on the basis that it could derail the criminal charges and other offences currently under investigation.

On June 18, the permanent secretary of the Ministry of Energy and Energy Industries granted a temporary mineral processing permit to the company on the basis that it played a "critical role" in providing the government with sand and gravel for highway construction and other projects.

On May 20, Commissioner of State Lands Paula Drakes granted the company permission to occupy 16.6 hectares of land at Moonan Road, Wallerfield, for industrial activities related to mining. Both permissions came after the criminal charges.