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Butch won't testify

Published:Tuesday | February 11, 2014 | 12:00 AM

Prosecutors in the billion-dollar Appliance Traders Limited (ATL) Pension Fund fraud trial say calling ATL boss Gordon 'Butch' Stewart to give evidence would "unnecessarily prolong the case".

"We are anxious to close this case," Raymond Clough, one of the prosecuting attorneys, told The Gleaner yesterday after it was announced that Stewart would not take the witness stand.

Stewart, who is the main complainant in the case against three former executives, was initially listed among the 17 persons down to give evidence in the case.

Patrick Lynch, the former chairman of the ATL pension scheme, and Catherine Barber, the former general manager, along with Dr Jeffrey Pyne, the former managing director of Gorstew Limited - Stewart's holding company - are on trial for allocating $1.7 billion in interest and withdrawal surpluses to members' accounts without Gorstew's consent and allegedly using four forged letters to deceive Stewart that consent was obtained.

Lead prosecutor R.N.A. Henriques explained that the ATL chairman was being called to testify about a 2010 meeting where the four alleged forged letters were first presented by Barber.

However, he said ATL Chief Financial Officer David Davies and general counsel Dmitri Singh, who were both present at the meeting, have already given evidence of the details of the meeting.

"Why then should I call another witness to testify about the same things?" Henriques told The Gleaner shortly after the case resumed in the Corporate Area Resident Magistrate's Court yesterday.

The announcement that Stewart would not be called to testify came after defence attorneys complained that they would not be able to cross-examine any other witness because of the uncertainty about whether the ATL boss would give evidence.

The case continues today.