By FRANCIS JOSEPH, www.newsday.co.tt

FORMER Energy Minister Finbar Gangar appeared in court yesterday on two charges of failing to declare to the Integrity Commission two bank accounts in Jersey, Channel Islands, two in New York, and one each in Royal Bank and Scotia Bank in South Trinidad. The four accounts in the Channel Islands and New York are held jointly with his wife Maureen, while the accounts in Royal Bank and Scotia Bank are in Gangar’s name alone, according to the charges read in court yesterday.

The charges against Gangar follow similar charges laid against former Prime Minister Basdeo Panday for failing to declare to the Integrity Commission his account at the Natwest Bank PLC, Wimbledon, England, for the years 1997, 1998, and 1999. The charges were laid against Gangar on June 4 by Assistant Commissioner (Crime) Wellington Virgil. A summons was served on the former UNC Minister to appear in court yesterday. Gangar, of 71 Otaheite Residential Park, South Trinidad, appeared before Magistrate Gillian David in the Port-of-Spain First Magistrates’ Court shortly after nine o’clock. He was represented by Prakash Ramadhar, Brian Debideen, Vish Rambaran, and instructed by Robin Otway. Acting Director of Public Prosecutions (DPP) Carla Brown-Antoine appeared for the State.

Gangar, dressed in a suit, stood in the dock as the magistrate read the two charges that he failed to declare the six bank accounts to the Integrity Commission for the years 1998 and 1999. When asked how he pleaded, Ramadhar interrupted and said that on the advice of counsel, the former Minister will not enter a plea because the statute under which he was charged, was repealed and therefore a nullity. Ramadhar told the court that the defence would like to make certain submissions on the next occasion on three points: (1) The date on which the investigation started in this matter; (2) At whose behest the investigations began; (3) On what date a decision was made to lay charges against Gangar. Ramdhar told the court if it weren’t for Chief Magistrate Sherman Mc Nicolls, the defence would not have known the nature of the charges against Gangar. He said all attempts to get copies of the charges from the Clerk of the Peace failed. He pointed out that it was Mc Nicolls who ensured that they got copies of the charges in time for yesterday’s hearing.

Ramadhar also wanted to know what witnesses were endorsed at the back of the charges. The lead defence attorney informed the court that when hearing resumes on the next occasion, submissions on the constitutionality of the charges will be made to the Magistrate. Hearing was then postponed to October 21. Similar charges were laid against Panday in September 2002 for failing to declare his London account for the years 1997, 1998, 1999. Panday’s attorneys filed a constitutional motion, arguing that the law under which Panday was charged, was repealed and therefore a nullity. However, Madame Justice Maureen Rajnauth-Lee, in a judgment on February 20, dismissed Panday’s motion and ordered him to pay costs. The UNC political leader has since filed an appeal and is awaiting a court date.

THE CHARGES
1) It is alleged that on September 23, 1999 at Port-of-Spain, knowingly made a declaration, namely a Declaration of Income, Assets and Liabilities for the year ending December 31, 1998, that is false in material, the particulars that the said Finbar Gangar failed to include in the said declaration, money held in account 60869775 and 90942774 at Barclays Bank PLC, St Helier, Jersey, Channel Islands in the name of the said Finbar Gangar and Maureen Gangar, account number 038605234 and 635001453-65 at JP Morgan Chase and Company, New York, United States of America in the name of the said Finbar Gangar and Maureen Gangar, account number 991-700507-7 held at the Royal Bank of Trinidad and Tobago Limited, Cross Crossing, San Fernando in the name of the said Finbar Gangar, and account number 132116 held at Scotia Bank of Trinidad and Tobago Limited, High Street, San Fernando in the name of Finbar Gangar, contrary to Section 27 (1) (b) of the Integrity in Public Life Act No 8 of 1987.

2) It is alleged that during the period October 9, 2000 and October 24, 2000 at Port-of-Spain, knowingly made a declaration, namely a Declaration of Income, Assets, and Liabilities for the year ending December 31, 1999, that is false in material, the particulars that the said Finbar Gangar failed to include in the said declaration, money held in account 60869775 and 90942774 at the Barclays Bank PLC, St Helier, Jersey, Channel Islands in the name of the said Finbar Gangar and Maureen Gangar, account number 038605234 and 6350011453-65 at JP Morgan Chase and Company, New York, United States of America in the name of the said Finbar Gangar and Maureen Gangar, account number 991-700507-7 held at the Royal Bank of Trinidad and Tobago Limited, Cross Crossing, San Fernando in the name of the said Finbar Gangar and account number 132116 held at Scotia Bank of Trinidad and Tobago Limited, High Street, San Fernando in the name of Finbar Gangar contrary to Section 27 (1) (b) of the Integrity in Public Life Act No 8 of 1987.