من الأشهر اليوم؟

THE two million-dollar Mercedes G wagon which was at the centre of criminal charges against UNC deputy political leader David Lee and businessman and party financier Hugh Leong Poi was released from police custody on May 1.
The vehicle, which was stored in the basement of the Police Administration Building, Sackville Street, Port of Spain, was removed on the authority of acting CoP Junior Benjamin even though Director of Public Prosecutions Roger Gaspard, SC, is in the process of reviewing the Chief Magistrate’s decision to discharge the two men on the basis of insufficient evidence to commit them to stand trial in the High Court.
Lee was elected as the member of parliament for Caroni Central during the general election on April 28. He previously served as the member of parliament for Point-a-Pierre, now renamed Claxton Bay. Leong Poi is the owner of Sport Outlet and a licensed gun dealer. Lee will be among government ministers being sworn in at President’s House on April 3.
Senior police officers are fuming over Benjamin’s decision, claiming that it reeked of political bias even as the new government takes office.
Other senior officers say they see the acting CoP’s decision as an attempt to curry favour with the UNC administration to remain in the post as the tenure of the current office holder, Erla Harewood-Christopher, comes to an end on May 15. The decision was taken without any consultation or advice from DCP Intelligence and Investigations Suzette Martin or the DPP.
In a telephone interview on May 2, Benjamin said he acted on the advice of the head of the police service legal unit ASP Ramdath Phillip, which was supported by the head of the Anti-Corruption Investigations Bureau, Snr Supt Avinash Singh, to release the vehicle and politics played no part.
The acting top cop said he knows his decision “will have some rippling effect in terms of how some persons are going to see it.”
He said he will remain focused and committed to ensuring fairness and justice for all.
“I think sometimes we try to politicise the role that the police play.”
He said any perception that he was playing for an extension in office should be dismissed.
[caption id="attachment_1132600" align="alignnone" width="683"] In this file photo, UNC deputy political leader makes his way to Parliament. -[/caption]
“I am not even certain who is the minister of national security, as I say this thing happened long in advance so I had no idea what were the results and I had no idea that they were coming for the vehicle yesterday (May 1).
“The police more or less followed our protocols, standard operating procedures and all the necessary things to prove or disprove the facts in question, or the offence in question is already there.
“Based on those standing orders, once you have taken out the necessary pictures and all the other things to satisfy the offence were done, there was no need to literally keep the vehicle especially after the matter was discharged.
“So it was based on that understanding, trying not to have an undue pressure on the accused men and also trying to be fair, just and reasonable in the way in which the police dispense with justice that we thought it was only fitting to release the vehicle.”
He said if after the DPP reviews the magistrate’s decision and comes to the conclusion that the charges have to be relaid, “we should have enough evidence there to prove or disprove the allegation.”
Asked about the timing of the release of the SUV as the new government was taking office and whether he took into consideration the possible negative public perception, Benjamin said, “The decision was taken last week. The time they came for the vehicle was yesterday (May 1). Last week we had no idea who would have won the election.
“It is unfortunate or just coincidental they came for the vehicle at this time when this whole situation about the election result came out.
“We continue to operate, and remain focussed on our mandate as the police service, which is to ensure safety and security for all and to ensure justice and fairness for all.
“So the decision was made based on advice given to me and again the persons who gave me that advice are quite coincidentally all are attorneys-at-law.”
He said it was important to state the facts since at the end of the day, “people will always have their perception but it is important that when I dispense my duty as the CoP that I seek to be a commissioner for all, seeking the interest of both the police and also even the victims and the accused in the matters.
“In this situation, a call was made, having been so advised so it was not just me operating by myself, the advice came from two persons who I believe are competent in dispensing their duties.
“What was brought to my attention was good enough to warrant the vehicle being released. If the matter has to be relaid, having enough evidence to still prove or disprove the allegation is the question.” Asked whether it might have been prudent to seek the advice of the DPP on the release of the vehicle, Benjamin said, “I am saying the situation is one where it could have been done...but when we look at the facts, when we go to the DPP, the DPP does not instruct us, he advises us.
[caption id="attachment_1152961" align="alignnone" width="516"] In this photo sourced from social media, businessman Hugh Leoin Poi poses with the Mercedes G wagon bought by UNC deputy political leader David Lee. -[/caption]
“So again, that advice is for us to look at and make a decision. The decision that was before us was one where we would have looked at all the possible roles that relate to the matter in question and the advice was given. “I am saying (the decision was made) based on the expert advice of these persons who are in positions of authority. There are always things when we look back that could have been done differently to verify you know but the decision was made and I stand by it.”
Benjamin said the police would “continue to look forward to continue to sharpen the way in which we do things but at the end of the day what we really want to see is that there must be fairness in everything that we do and I am very much concerned that sometimes there are things within the custody of the police that is there too, too long. Sometimes, at the unfair advantages of people.”
He said in the event the charge is relaid and the vehicle is sold the police can still apply forfeiture proceedings to recover the money.
“Once the matter is relaid we can put things in place to ensure that we are able to identify the location of the vehicle and so on and repossess it if it is necessary,” he said.
Asked whether there was a request for the vehicle to be released, Benjamin said the matter came up during a meeting with the legal department.
“I know the release of that vehicle would not just come up like that there had to be a request at some point in time, either from the person who had been charged or his legal team.”
About the case
UNC deputy political leader David Lee and businessman Hugh Leong Poi were charged with offences related to the use of a vehicle tax exemption granted to Lee as an MP.
On April 7, acting Chief Magistrate Christine Charles ruled that the prosecution’s evidence did not cross the threshold to send it to the High Court for trial.
In September 2022, the duo was accused of conspiring to defraud the State of $1.4 million in tax revenue related to the importation of a Mercedes Benz G63 AMG valued at over $2 million.
The taxes in the case include $293,094.02 in value-added tax (VAT), $298,650 in motor vehicle tax and $824,548.62 in customs duty.
Lee was accused of falsely claiming that the vehicle was his to claim tax exemptions entitled to him as an MP.
The offences were alleged to have occurred between March 24 and June 8, 2019.
After the matter was discharged, the DPP’s office initiated the two-step process for a judge’s warrant for the two to have the case possibly reinstated.
The first step involves requesting the notes of evidence in the case from the court.
This is supposed to be provided within 14 days. The second step involves sending it on for a judge to review the magistrates’ decision if the DPP believes there is enough evidence to take the matter before a judge.
The judge can grant the warrant if they, like the DPP, disagree with the preliminary decision. If the judge agrees with the discharge, the DPP is then entitled to lodge a final challenge before the Court of Appeal.
On May 1, the notes of evidence were not yet ready.
 
The post Top cop: No politics in decision to release David Lee’s $2m SUV appeared first on Trinidad and Tobago Newsday.