By Wendy Campbell, Newsday TT

A cool-looking Basdeo Panday stood in the prisoners dock yesterday and pleaded "Not Guilty" to three charges laid by the Police. The former Prime Minister pleaded not guilty to three charges of failing to declare assets in a London bank account when he appeared before Deputy Chief Magistrate Deborah Thomas-Felix in the Port-of-Spain Magistrate's Court.

Panday dressed in grey suit and shirt with black boots created history as the first former Prime Minister of this country to face criminal charges. He was charged under the old Integrity Act. If found guilty, the United National Congress (UNC) leader faces a fine of $20,000 and/or a two-year prison term. At yesterday's hearing, a lengthy application was made by Senior Counsel Desmond Allum, one of four attorneys representing Panday. Other members of the defence team are Allan Alexander SC, who was not present; Prakash Ramadhar and Rajiv Persad, instructed by Devesh Maharaj.

English Queen's Counsel Timothy Cassell is leading the State's case, with Devon Rampersad of the office of the Director of Public Prosecutions (DPP) office as his assistant. Fraud Squad head Sr Supt Wellington Virgil laid the charges.

Before Thomas-Felix read the three charges, Allum told the court he wanted to make an application to defer a plea because the defence had difficulty reading the information on the summonses which were served on the former Prime Minister at his Ocean View Drive, Gulf View, San Fernando, home on September 18.

Allum said the summonses did not disclose any criminal offence, and as a consequence, the defence team applied for copies of the information to ascertain beforehand what their position would be. Against this background, Allum said, efforts were made to have copies of the information, but they were refused.

The Senior Counsel noted that the instructing attorney wrote to the Clerk of the Peace on October 21, and was informed orally that a formal application would have to be made to the presiding Magistrate.

"Would it not have been easier to contact the DPP or the complainant?" Thomas-Felix asked Allum, who answered that this was done, but that was unsuccessful. The defence attorney later said they were given certain disclosures last Thursday and again yesterday morning. Allum said the defence team did not have an opportunity to peruse the documents and needed an adjournment so that they could be in a better position to advise their client.

Cassell, who arrived in the country on Sunday, said the prosecution would not object to an adjournment. The QC said the defence was given the remainder of the documents yesterday and would be in a position now to take "proper instructions".

Magistrate Thomas-Felix, after hearing both sides, said to read the charges and not enter a plea would be "somewhat different" in summary matters. She said when people refuse to enter a plea, the court usually enters a not guilty plea. She then invited the defence to speak to their client. After this was done, Thomas-Felix read the three charges to Panday.

"Not guilty," Panday, said from the prisoners dock in response to the three charges. Allum later suggested to the court that the matter be adjourned to February 24, 2003.

"Would you be ready to start on that day?" Thomas-Felix asked. Cassell and Allum answered in the affirmative, and the Magistrate set the matter for trial on that date. Several witnesses, including three officials of the National WestMinster Bank are due to testify against Panday during the summary trial matter.

THE CHARGES

* That on April 9, 1999, at Port-of-Spain, Basdeo Panday knowingly made a declaration namely a declaration of income, assets and liabilities from the year December 31, 1997, that is false in a material particular in that he failed to include in the said declaration account 39036189 at National WestMinster Bank, PLC, London, England, held in the name of himself and his wife, Oma, contrary to Section 27:01 of the Integrity in Public Life Act, No 8 of 1997.

* It is also alleged that on a day unknown between December 19, 1999 and December 24, 1999, at Port-of-Spain, Basdeo Panday knowingly made a declaration, namely a declaration of income, assets and liabilities for the year December 31, 1998, that is false in a material particular in that he failed to include in the said declaration account 39036189 at National Westminister Bank, PLC, London, England, held in the name of himself and his wife, Oma, contrary to Section 27:01 of the Integrity in Public Life Act, No 8 of 1987.

* The third charge is that on a day unknown, between March 15, 2001 and March 22, 2001, at Port-of-Spain, Basdeo Panday knowingly made a declaration namely a declaration of income, assets, and liabilities for the year December 31, 1999, that is false in a material particular in that he failed to include in the said declaration account 39036189 at National WestMinster Bank, PLC, London, England, held in the name of himself and his wife, Oma, contrary to Section 27:01 of the Integrity in Public Life Act, No 8 of 1987.