[UPDATED] Housing Minister David Lee granted $1m bail – $600k bail for Leong Poi

Housing Minister and Caroni Central MP David Lee posted his $1 million bail by the High Court on charges of conspiring to defraud the state of $1.4 million in motor vehicle taxes and a separate charge of misbehaviour in public office.

Lee and firearms dealer Hugh Leong Poi were rearrested by police on October 7, months after a magistrate dismissed fraud charges against them involving alleged abuse of a tax exemption for parliamentarians on a luxury vehicle.

Master Lisa Singh-Phillip granted bail on October 8, approving $1 million with surety for Lee and $600,000 for Leong Poi, whose named surety was approved by the court. Neither man appeared at the hearing as both were still hospitalised at the time. Lee did not respond to questions sent to him on October 8. Newsday confirmed both men posted bail after it was granted by the master.

Assistant Director of Public Prosecutions (DPP) Danielle Thompson did not object to bail but only asked that the State be informed of any travel plans. She also did not object to Senior Counsel Pamela Elder’s request for a lesser bail amount for Leong Poi. He had been granted $800,000 bail at the magistrates’ court, which Elder said was “extremely high,” while Lee was on $1 million bail.

A media release from the police confirmed that judicial warrants (judge’s warrants) were executed on October 7 against both men following instructions from DPP Roger Gaspard, SC. CoP Allister Guevarro received the warrants around 12.15 pm. Lee surrendered to police just before 3 pm at the Police Administration Building in Port of Spain, where the warrant was executed. Leong Poi was arrested at his home in South Trinidad.

The DPP’s application for the judge’s warrant was made under Section 23(5) of the Indictable Offences (Preliminary Enquiry) Act, which allows the prosecution to seek reinstatement of a dismissed matter after judicial review. The alleged offences occurred between March 24 and June 8, 2019.

Lee is accused of falsely claiming a vehicle was his to obtain tax exemptions available to MPs. The taxes in question include $293,094.02 in Value Added Tax, $298,650 in motor vehicle tax, and $824,548.62 in customs duty. Under employment terms, MPs may receive tax exemptions for vehicles but must pay the taxes if they sell them within two years.

Both men are expected to appear in court after the DPP files an indictment, which Thompson said could happen by next week. The court also ordered that the defence be notified of the filing 24 hours before it is filed.

Elder raised concerns about the judge’s warrant, which also cites a misbehaviour charge for which her client was never accused and could not be, since he is not a public officer. On Tuesday night, Elder said the warrant was “seriously flawed,” and questioned the speed at which the judge issued the warrant, given the voluminous file, questioning if it was a “rubber stamping.”

She said the case was fully ventilated before the acting chief magistrate, and the evidence against her client was entirely circumstantial.

In response, Thompson confirmed Leong Poi was only charged with conspiracy. She said it could be that the DPP’s office would have to write to the court on the wording of the warrant.

Justice Hayden St. Clair-Douglas signed the warrants on October 6.

On April 7, acting Chief Magistrate Christine Charles upheld no-case submissions by defence attorneys, discharging both men of conspiracy to defraud the State of $1.4 million in taxes related to the importation of a Mercedes-Benz G63 AMG valued at more than $2 million.

Prosecutors alleged that Lee falsely claimed the SUV was his to access parliamentary tax exemptions, depriving the Treasury of hundreds of thousands in taxes and duties. Leong Poi, a firearms dealer and proprietor of Sport Outlet Ltd, was accused of conspiring with Lee.

During the inquiry, Lee’s attorneys argued that the prosecution failed to prove conspiracy or misbehaviour, noting that the vehicle’s financing arrangement was disclosed to the Integrity Commission. Charles agreed, ruling the evidence insufficient for trial.

On April 7, Gaspard told Newsday his office would seek a judge’s warrant to reinstate the charges. In its release on October 8, the police said it remained committed to executing all judicial instructions “with integrity, impartiality, and procedural rigour.”

Lee, who is also the deputy political leader of the United National Congress (UNC), has denied wrongdoing.

After his arrest on October 7, Prime Minister Kamla Persad-Bissessar said, “We have respect for the courts of the land. Minister Lee was acquitted of these allegations before. Now that the charges have been relaid, we have confidence in the courts to deliver a just result.” She did not say whether Lee would remain Housing Minister.

The People’s National Movement (PNM) expressed “deep concern” over the rearrests and urged Persad-Bissessar to clarify Lee’s Cabinet status. PNM leader Pennelope Beckles noted that former UNC ministers Anand Ramlogan, SC, and Jack Warner were removed from office immediately upon their arrests under Persad-Bissessar’s previous administration.

“Due process and respect for the rule of law are cornerstones of our democracy,” the PNM statement said. “However, public confidence in the integrity of the Cabinet and governance must also be protected.”

The party called on the prime minister to state whether Lee will continue as a government minister while facing the charges. Attorneys Mario Merritt, Alexia Romero and Randal Raphael represent Lee. Russell Warner also appears with Elder for Leong Poi.

In April, Leong Poi’s attorney wrote to DPP Roger Gaspard, SC, requesting to be heard if his office pursued a High Court review of the decision to discharge their client on conspiracy to defraud charges.

The letter, dated April 22, followed public statements by the DPP that his office had begun seeking a judge’s warrant under Section 23 of the Indictable Offences (Preliminary Enquiry) Act to review the magistrate’s ruling.

In the letter, Elder argued that the magistrate’s decision was correct because the prosecution’s evidence was “tenuous” and largely circumstantial. Surveillance by police was described as “valueless,” and one officer admitted during cross-examination that she may have monitored the wrong property.

The magistrate found that payments for the vehicle, insurance arrangements, and the limited interactions between Leong Poi and the car could all be reasonably explained without proving conspiracy. The letter also highlighted that the complainant, acting Snr Supt Lucas, admitted in cross-examination that he had no evidence showing Leong Poi had seen, submitted, or encouraged Lee’s tax exemption application.

Despite the discharge, Elder wrote, “If, after deep consideration, you decide to proceed with an application for a judge’s warrant, then we would like to be heard on the application, and we request that you bring this letter to the attention of the judge.”

Elder cited legal precedent, noting that given the “exceptional nature of the case,” her client must be allowed to make submissions. She added that they intended to write separately to the Registrar of the Supreme Court to request that the businessman be heard if the DPP applied for a judge’s warrant.

In their no-case submission, Lee’s attorneys also argued that the prosecution failed to prove any agreement between Lee and Leong Poi to defraud the State. They said the evidence did not establish that Lee, as a public officer, had committed misconduct and that it was too weak to be put before a reasonable jury.

The defence contended that cross-examination of Lucas revealed no action by either man indicating conspiracy. They maintained that the charge depended entirely on the existence of such an agreement, yet no incriminating act was shown.

The attorneys further argued that Lucas admitted MPs faced no restrictions on vehicle value or financing under the tax exemption system, and the car remained legally Lee’s. They said the State’s claim that Leong Poi was the beneficial owner lacked evidential support.

They also pointed out that police surveillance of Lee’s home was minimal and that investigators failed to verify Lee’s interview statements, weakening the case further. Additionally, they said testimony about the vehicle’s ownership amounted to inadmissible hearsay.

This story has been adjusted to include additional details. See original post below.

Housing Minister and Caroni Central MP David Lee has been granted $1 million bail by the High Court.

Lee and firearms dealer Hugh Leong Poi were rearrested by police on October 7, months after a magistrate dismissed fraud charges against them relating to the alleged abuse of a tax exemption for parliamentarians on a luxury vehicle.

Lee and Leong Poi appeared before Master Lisa Singh-Phillip on October 8, where the minister was granted $1 million with a surety, while Leong Poi was granted $600,000 bail with his named surety approved by the court.

On Tuesday, a media release from the TTPS confirmed that judicial warrants (judge's warrants) were executed against both men on October 7, following instructions from Director of Public Prosecutions (DPP) Roger Gaspard, SC.

According to the release, Commissioner of Police Allister Guevarro received the warrants around 12.15 pm. Lee surrendered to police just before 3 pm at the Police Administration Building, Port of Spain, where the warrant was executed. Leong Poi was arrested at his home in South Trinidad.

The DPP’s application was made under Section 23(5) of the Indictable Offences (Preliminary Enquiry) Act, which allows the prosecution to seek to reinstate a matter dismissed at the magistrates’ court once a judge reviews the evidence.

VEHICLE IN QUESTION: In this photo, sourced from social media, businessman Hugh Leong Poi poses with the Mercedes G wagon bought by UNC deputy political leader David Lee. -After they were processed, attorneys for both men applied for bail.

According to that warrant, issued by Justice Hayden St Clair-Douglas, Leong Poi, of Sea View Parkway, Gulf View, La Romain, together with another person, were charged with conspiracy to defraud and misbehaviour in public office.

St Clair-Douglas said he was of the opinion that the evidence before acting Chief Magistrate Christine Charles, “was sufficient to put the said Hugh Leong Poi together with another person, on trial for conspiracy to defraud and misbehaviour in public office.

“This is to command you forthwith to apprehend Hugh Leong Poi and to convey the said Hugh Leong Poi to the Port of Spain Prisons…and there deliver him to the keeper of the said prisons together with this warrant.

St Clair-Douglas signed the warrant on October 6.

On April 7, Charles upheld no-case submissions by defence attorneys, discharging the duo on allegations of conspiracy to defraud the State of $1.4 million in taxes tied to the importation of a Mercedes-Benz G63 AMG valued at over $2 million.