By DARREN BAHAW, Express/TT

OPPOSITION LEADER Basdeo Panday returns to the Port of Spain Magistrate’s Court this morning on three separate charges of failing to declare to the Integrity Commission a London bank account jointly held by himself and his wife, Oma, between 1999 and 2001.

At the last hearing on April 8, Panday’s lawyers argued that their client’s constitutional right to liberty and enjoyment of property were likely to be infringed by the criminal charges.

Chief Magistrate Sherman McNicolls then agreed to send the matter to the High Court for determination on the constitutional issues raised by Panday’s defence team.

However, a check at the Civil Registry at the Hall of Justice late yesterday, showed that there was no record of Panday matter being referred to the High Court.

McNicolls had adjourned the criminal case to today, but only for mention, when it is expected he would inform both the prosecuting and defence attorneys of the progress on the matter.

Panday, 70, of Bryan’s Gate, Philippine, the leader of the UNC, will appear in court for the fourth time on the criminal charges which allegedly occurred while he held office as prime minister during 1995-2001.

He was charged, on September 18, 2002, under the provisions of the Integrity in Public Life Act, 1987, and each charge carries the penalty of a fine of $20,000 and two years in jail.

Panday’s lawyers also argued that the summary charges were laid outside the six-month time frame specified by the Summary Offences Act and noted that the 1987 Act was repealed by the Integrity in Public Life Act, of 2000, which came into force on November 6, 2002.

The State had then challenged the defence arguments as being “frivolous and vexatious” and noted that the 1987 Act was effective even though it was inconsistent with the Sections 4 and 5 of the Constitution, which guaranteed each citizen the right to liberty and property.

The claim that the charges were laid out of time was also dismissed by the State lawyers as without substance since the legislation provided for a person to be prosecuted within five years after he or she ceased to be a person in public life.