Criminal Defence
DPP v Panday, John and Galbaransingh
DPP v Panday, John and Galbaransingh, Magistrates’ Court, discontinued 6 March 2023.
Matter overview
In 2005 four people were charged over the construction of the Piarco International Airport: the former Prime Minister Basdeo Panday; his wife Oma; former minister Carlos John; and businessman Ishwar Galbaransingh. The Pandays were accused of receiving £25,000 from John and Galbaransingh in 1998 as a reward connected to the project. The charge ran for eighteen years.
By 2023 the matter was listed before Magistrate Adia Mohammed, with the accused now elderly and the events at issue a quarter of a century old. The question pressed by the defence was whether a fair trial remained possible at all.
Strategic approach
Justin Phelps and Chase Pegus acted for the Panday interests. Their case was made on paper before it was argued in court: letters to the Director of Public Prosecutions in August 2022 and February 2023 set out why the prosecution should not continue.
The grounds were practical rather than technical:
- Age. The clients were elderly and unwell.
- Delay. Nearly two decades had passed since the charge was laid.
- Evidence. Key witnesses had died or moved abroad.
- Prejudice. A defence mounted a generation after the events could not fairly test the case.
The engagement drew on long familiarity with the Piarco story. Justin Phelps had appeared at the Commission of Enquiry into the airport's construction, which reported in 2003; the issues in the prosecution had first taken shape there.
Result
On 6 March 2023 the Director of Public Prosecutions, Roger Gaspard SC, rose before Magistrate Adia Mohammed and discontinued the prosecution. He gave his reasons openly: key witnesses had died or were abroad, and there was no longer a fair prospect of conviction.
The discontinuance ended the case against all four accused without a trial; after eighteen years, the charge was simply withdrawn. Mr Panday died in January 2024.
