Trials and tribulations

WHEN IT COMES to public officials in this country, is there really such a thing as justice?

The question assumes particular significance in light of three developments last month: the deaths, separately, of Basdeo Panday and Ishwar Galbaransingh, who were key figures in the Piarco corruption allegations; and the ruling by the Court of Appeal in a long-delayed $400 million cartel case in which Dr Roodal Moonilal has featured, as a former government minister.

The cartel claim, brought by the Estate Management Business Development Company (EMBDC) against several companies, dates back to events which allegedly occurred almost ten years ago.

In a case that has not even seen cross-examination yet, but has already been before three separate panels of the Court of Appeal, the court held on Tuesday there was “sufficient information to respond to allegations that the alleged concerted bids and claims were attributable to the corporate appellants.” Those named will now have to file defences by March 20.

It might never happen. It is possible the appellants will launch a further appeal to the Privy Council, a process which could take months.

But even if defences are filed, the start of a trial could well trigger further challenges and appeals, which would then have to be adjudicated to the highest levels. The appellants would be well within their constitutional rights to ask for this, assuming such challenges are not frivolous.

The end is nowhere in sight.

If the EMBDC case goes back a decade, the Piarco matter goes back almost a quarter-century.

Mr Panday’s name was withdrawn from the charge sheet of the many claims brought in relation to the billion-dollar international airport project, yet that he was prime minister at the time means he had an interest in the outcome of each matter.

He died before he could be vindicated or, alternatively, see others face consequences beyond the guilty pleas that were recorded early in the US. Mr Galbaransingh, a businessman and former state company chairman, died with matters still in train.

Both join other Piarco accused now in the afterlife. Edward Bayley, the former chairman of the National Insurance Property Development Company, died in 2006; John Henry Smith, the former Maritime General and Fidelity Finance chairman, in 2021.

While the case involves claims of wrongdoing on a massive scale, there can be no doubt the vagaries of our judicial system and the involvement of politics have played roles in bringing about equally massive delays.

In fact, the only people who seem to benefit from these types of cases, aside from lawyers, are politicians. The accused become martyrs, while their opponents, citing untested allegations, take the moral high ground.

All of it renders our courtrooms little more than theatrical sets for political campaigning. Whether criminal or civil, there is seldom a verdict.