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Pandays cleared to challenge Espinet


The way is now clear for former prime minister Basdeo Panday to challenge the decision of Magistrate Ejenny Espinet who refused to disqualify herself from hearing his corruption case on the basis of apparent bias in the High Court.

Panday and his wife, Oma, sought permission from the High Court seeking to review Espinet's decision on March 19, where Espinet refused to step down from conducting the preliminary enquiry.

The Pandays, along with businessmen Carlos John and Ishwar Galbaransingh are charged with a series of offences which allege that Galbaransingh and John gave the Pandays £25,000 sterling as a bribe to favour Galbaransingh's Northern Construction Ltd in the tendering process for Piarco Construction Package 3, in December 1998.

At yesterday's hearing Justice Prakash Moosai said proceedings at the Magistrates' Court level had reached an advanced stage and "this matter (judicial review) really ought to proceed expeditiously".

Moosai said he proposed to have the hearing started in the middle of August, during the court's vacation, but this suggestion was not supported by attorney Ian Benjamin, who is seeking the interest of the office of the Director of Public Prosecutions.

"Rest is an integral part of my well-being," Benjamin said before telling the judge that he will be on vacation and out of the country during the suggested court hearing.

However, Moosai explained his reason for wanting an expeditious hearing was to facilitate the magistrate proceedings which "have reached an advanced stage".

Following arguments between Senior Counsel Ramesh Lawrence Maharaj, who is seeking the interest of the Pandays, and Benjamin, it was agreed the hearing will start on September 8 and continue on September 10, 11 and 12.

Maharaj had petitioned the High Court challenging Espinet's insistence on presiding over the case, although she was presiding over another case relating to the same evidence. Maharaj objected to Espinet's refusal to recuse herself from the case, citing bias on her part.

During preliminary arguments before Moosai, Maharaj argued that Espinet was a trustee of the Morris Marshall Foundation and that Panday, as Leader of the Opposition and also a political opponent of the People's National Movement, which is responsible for the foundation, could not possibly give Panday a fair hearing.


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