Court rules against DPP in favour of Panday

PORT OF SPAIN (CMC):

A High Court judge says he does not believe former prime minister Basdeo Panday should be made to face a third trial for failing to declare the assets of a London-based bank account to the Integrity Commission.

Justice James Aboud has also set aside the order sought by the director of public prosecutions (DPP) to quash the decision of Magistrate Marcia Murray, who in June 2012 ruled that it would be unconscionable to permit the case against Panday to continue because she was not satisfied that the issue was fully and fairly investigated by the Integrity Commission and the DPP before charges were laid.

Application filed

Panday's attorneys filed an application asking that the leave granted in September 2012 to the DPP to have the magistrate's decision reviewed be set aside. The DPP filed the judicial review claim three months after Panday's acquittal in the Magistrate's Court.

In his ruling, Justice Aboud said the prosecution never indicated that it had intended to challenge the ruling and only initiated the process three months later without any reasonable explanation for the delay.