DPP sends Marlene McDonald’s case straight to high court

An indictment has been filed against ex-government minister Marlene McDonald on six counts of money laundering, conspiracy to defraud and misbehaviour in public office.

Director of Public Prosecutions Roger Gaspard, SC, filed it on August 29, in the High Court.

Also named in the indictment were McDonald’s long-time companion Michael Carew and three others – Edgar Zephyrine, Victor McEachrane and Wayne Anthony.

In all, the five face 15 counts.

In filing the indictment, Gaspard said it was his “considered opinion” that the offences, which allege dealings with criminal property over the sum of $1 million and various frauds being perpetrated against the State, involved serious and/or complex fraud.

He said it was his intention to exercise his powers under section 23(8) (d) of the Indictable Offences (Preliminary Enquiry) Act, and “prefer an indictment without a preliminary inquiry being completed” in the magistrates’ court.

He has asked the registrar of the High Court to list the matter as soon as possible.

In March, Gaspard discontinued one of the charges against McDonald. The notice of discontinuance of the charge of misbehaviour in public office was dated March 25 and was made under his powers under section 90 of the Constitution, which allows him to discontinue any criminal proceedings undertaken by him or anyone else at any stage before judgment is delivered.

In 2019, when they were charged, the five faced a total of 49 charges of attempting to defraud the government by allegedly procuring funds for Carew’s Calabar Foundation, under the guise that it was a charity.

The discontinued misbehaviour charge against McDonald was in relation to the alleged approval of $2.3 million for a project at Marcano Quarry in Laventille. She was the only one charged with that offence.

The other charges against her and the others allege that they conspired to defraud the State of funds available to the Ministry of Community Development, Culture and Gender Affairs to allocate grants to two foundations – Provident Foundation and Calabar Foundation – by falsely representing they were genuine organisations, and allegedly approving grants to be used for education, skills enhancement and business development programmes in poor communities.

The specific charges against McDonald allege she misrepresented that she had no connection to either foundation.

At a hearing in November 2020, prosecutors appearing before the chief magistrate signalled the DPP’s intent to go straight to indictment for the matter, which should have been filed by January 2021.

At the 2020 hearing, the court was told statements had all been sworn to and there were some 22 witnesses, but that number was likely to rise before the eventual start of the case.

The offences are alleged to have occurred between 2008 and 2009, but the police investigation only began in 2016.

After she was charged, McDonald was removed as Public Administration Minister and a deputy political leader of the PNM. She was also Port of Spain South MP, but was not screened for the constituency for the 2020 general election.

McDonald and Carew are represented by Senior Counsel Pamela Elder and Russell Warner.

Ian Brooks is representing Zephyrine. Anthony is being represented by Larry Williams and McEachrane by Kenya Murray.

ACP Totaram laid all the charges involving the Calabar Foundation.

When she was charged, McDonald was granted $2 million bail. Carew was previously granted $500,000 bail; Zephyrine $1 million; Anthony $100,000; and McEachrane $400,000.