The State will not be shouldering any of the blame for the almost ten-year delay in prosecuting two civil servants accused of criminal deception and misconduct in public office.
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“I’m just hoping that when we begin these matters, we don’t hear anything about delay because the state was ready at all junctures. We are ready to proceed,” Director of Public Prosecutions (DPP) Alliston Seale, SC, stressed yesterday.
He was speaking as Joseph Nathaniel Sobers and Cheryl Leverne Thomas were in the No. 4 Supreme Court.
Sobers, a clerical officer, of Pie Corner, St Lucy, and Thomas, an assistant accountant, of Kingsland, Christ Church, are jointly accused that they, between August 12, 2008, and June 22, 2009, attempted to dishonestly obtain the sum of $45 000 from Shane Hurley, with the intention of permanently depriving Hurley by criminal deception, by falsely representing that he was indebted to the Inland Revenue Department in the amount of $375 000, and that the payment of the requested $45 000 would satisfy the outstanding debt of $375 000.
The two are also jointly accused that they, being public officers attached to the Inland Revenue Department between August 12, 2008, and June 22, 2009, engaged in wilful misconduct which amounted to the abuse of public trust in that they requested payment from Shane Hurley in the amount of $45 000 for the full settlement of an alleged outstanding debt to the Inland Revenue Department in the amount of $375 000.
Attorney Sian Lange appeared for Sobers in association with Senior Counsel Andrew Pilgrim, while attorney Sade Harris represented Thomas.
Seale, who appeared with Senior State Counsel Paul Prescod, noted the matter had been “going on forever and it is really not the fault of the state at any juncture”.
He said while it might not be considered a “high-profile case” in that it was not a murder, it involved two public servants who had been on suspension and reduced pay since they had been charged.
“I want to get the matter dealt with and disposed of. Time runs against us because I am sure a lot of the persons have resigned and that’s the level of frustration,” he said.
The DPP explained the matter previously involved attorney Ezra Alleyne. In the wake of his death in 2022, it was then handed to another attorney and “it’s been going like the proverbial molasses going up a hill on a summer day”.
“I just hope that when the time comes, I don’t hear anything about delay when persons would want to benefit from the matter having taken so long.
“People talk about discontinuing matters that have been going on too long, but we have to find and examine carefully the reason why the matters have been lingering,” Seale said.
He explained one of the drawbacks from long delays was the effect on complainants and witnesses.
“I had to tell the individual, who the conduct was targeted to, don’t come anymore because he was coming and sitting down there and I know that can frustrate complainants and witnesses.
“And it does not augur well for the state when that happens because then, when trials start, we can’t find witnesses. Witnesses will become frustrated,” he told the court.
“He (the complainant) is selfemployed so he can’t come here and sit down and then go back home and nothing happens, because to a self-employed person that’s a day wasted, that’s money wasted.”
The DPP added that whenever the trial proceeds, the State will be reading in the evidence of any witnesses who were unavailable “for whatever reason”.
“But the point is, I’m just hoping that there’s no talk of delay. We are ready to proceed with this matter,” he declared.
Justice Laurie-Ann Smith-Bovell, who noted “this case was going on since I came on the Bench and I came on the Bench in 2018”, adjourned the matter until July 27. (HLE)