Money laundering case off to the High Court

The largest money laundering case in this country’s history has taken another twist.

On Monday at the Serious Offences Court, Trinidadian Senior Counsel Theodore Guerra submitted to the court that the Crime and Money Laundering act under which Bermudan Winston Robinson and Trinidadian Kenneth Andrews were charged is contrary to the provisions of the Constitution.{{more}}

Guerra told Chief Magistrate Sonya Young that the matter should be referred to the High Court to determine whether the fundamental rights and freedoms of both accused are being or are likely to be infringed. “It is desirous for the High Court to determine if the act under which they are charged is constitutionally valid,” Guerra stated. The defence attorney made the application under section 16 of the Constitution for the matter to be heard by the Higher Court. “Any party who raises a constitutional issue, the magistrate must refer the issue to the High Court for determination,” Guerra boldly stated.



Chief Magistrate Young granted the defence’s application for the matter to be brought before the High Court after the prosecution did not object. However, Young was seemingly agitated by the defence’s submission that they could have made the submission the last time the case was heard. “We would have not been in this quandary if the submission was made earlier and now it feels like I’m being ambushed,” Young said.

The defence also brought to the Court’s attention that defendants were charged in relation to $1.7 million dollars, but when the money was counted on Saturday, October 4th, it only amounted to US$1.4 million. Some of the money has already been sent abroad for forensic testing. However, the sum sent abroad was not revealed.

Robinson, 65, and Andrews 38, were arrested after the Yacht JoTobin in which they were traveling on April 5, 2008, was intercepted off Bequia with US $1,680,000 on board.

Grenville Williams of the Financial Intelligence Unit leads the prosecution in the matter, while Stephen Williams appears along with Guerra for the defence.(KW)