Attorney claims prosecution can’t prove case in Sagicor multimillion-dollar fraud

One of the defence lawyers in the multimillion-dollar fraud racket uncovered at Sagicor Bank in 2022 says the prosecution has no chance of success as there is no evidence linking the four women to conspiracy and fraud charges.

“I am extremely concerned because Mr [John-Mark] Reid and myself have gone through the extensive material we have been served and I don’t see where the prosecution has a case, unless they produced some other material. This is a not a complicated matter,” said King’s Counsel Valerie Neita-Robertson during a plea and case management hearing in the Kingston and St Andrew Parish Court.

She added that she is anxiously awaiting the disclosure of whatever else the prosecution has so that the defence lawyers can collectively decide the way forward.

“This has been happening, we go to court, we spend two to three years and in a week a case is finished because the material does not reveal a case.

“I have been arguing about this for the longest while and frankly I am very disappointed with the prosecutorial aspect of the matters coming to court not only does it stymied the lives of the client, it also affect us,” added Neita-Robertson, who is representing Trecia Moulton.

Questioned by Parish Judge Simone Walker McFarlane about whether the court is satisfied that it can discharge its evidential burden, attorney-at-law Ann-Marie Feurtado Richards, who is prosecuting the matter on a fiat, said the threshold can be met.

PRIMA FACIE CASE

However, she said, “In terms of whether a prima facie case can be made out with respect to all, I believe it can be made out but in terms of is it sufficient, having perused the files I believe further statements were required under the circumstances.”

Moulton, the former Sagicor Liguanea branch manager; her sister, Alysia Moulton White, former vice-president of group marketing at Sagicor; Malika McLeod, a personal banker; and Tishan Samuels, a client care officer, are facing fraud charges in connection with a suspected $65-million racket uncovered at the bank’s Liguanea branch in October 2022.

The funds were allegedly swindled from the accounts of clients between August and October 2022.

The women are accused of conspiring to defraud the US foreign currency accounts of about six Sagicor customers. Among the charges are conspiracy to defraud, larceny as a servant, breaches of the Cybercrimes Act, and making unauthorised withdrawals from customers’ accounts.

Matthew Hyatt, one of the lawyers representing Moulton White, also raised concerns about the prosecution’s conduct of the case.

He submitted that a report from the Financial Investigations Division, which was disclosed to the defence, was riddled with errors.

Additionally, he said the case has taken a toll on his client who has been diagnosed with clinical depression and has found it embarrassing to be reporting to the police station alongside murderers and rapists.

In the meantime, Feurtado Richards, informed the court that eight statements from the bank regarding procedures and another seven from persons whose accounts were being used as burner accounts, were outstanding.

She however noted that some of the statements are already drafted and are only to be signed by the witnesses.

DISAPPOINTED WITH DELAY

The judge however expressed disappointment at the length of time that has elapsed and there are still statements outstanding.

She stressed that she was further displeased that nothing was done between March and now to have the statements ready when some of the witnesses were here in Jamaica.

Rita Allen-Brown, who is representing Samuels, said she found the disclosure about the eight procedural statements very alarming.

She said limited time should be given to the prosecution to collect and serve the statement.

She also raised questions about the drafted statements.

“I wonder by who,” Allen-Brown said while adding that, although statements are taken from witnesses and not drafted, the outstanding documents should be ready quickly, being that they are already drafted.

Additionally, she said, “We believe that it is unfair and unreasonable to the accused who are on bail with conditions and travel restrictions, reporting at police station, which restrict my client who has to go outside of St Elizabeth for a job and the prosecution has made absolutely zero efforts to get their house in order.”

Feurtado Richards, while admitting that she was not trying to make excuses, said the prosecution was forced to seek further statements based on a request made by Rita-Allen.

King’s Counsel Peter Champagnie however submitted that the prosecution has misunderstood the principle of plea and case management, which is not about piecemeal serving of documents.

Furthermore, he said that its surprising and alarming that the prosecution has still not collected all the documents when it is not short of resources.

Following the submissions by the lawyers, the prosecutor subsequently indicated that the bank statement would be ready by next week Friday and that the investigator is asking for three weeks for the other statements, hence the matter was set for the continuation of the plea and case management hearing on October 22.

In the meanwhile, all the accused had their reporting conditions varied from two days to one after their lawyers asked if the reporting conditions could be either removed or reduced.

tanesha.mundle@gleanerjm.com