Sagicor fraud trial stalls again as witness fails to appear

With just nine of the 35 witnesses having testified since the Sagicor fraud trial began last year July, proceedings suffered another setback on Thursday after a scheduled witness was unavailable to take the stand.

Consequently, the multimillion-dollar fraud trial, which is being heard on a block basis rather than continuously due to the availability of lawyers, is scheduled to continue on January 14, February 14 and 15, and two additional days in March.

Former Sagicor Bank branch manager Trecia Moulton; her sister Alysia Moulton White, a former vice-president of Sagicor Life; former personal banking officer Malika McLeod; and Tishan Samuels, a former client care officer, are on trial in the Kingston and St Andrew Parish Court.

The four are facing a 22-count indictment, including charges of obtaining money by false pretences, credit by fraud, acquiring and engaging in criminal property, and conspiracy to defraud, in connection with an alleged $65-million scheme involving seven ghost accounts

The latest setback prompted defence attorney Rita Allen Brown to note that there have been multiple adjournments because of scheduling issues with intended witnesses.

“Why is it that another witness cannot be called when a witness that the prosecution lined up to be called in that sequence is not available?” Brown asked.

Attorney Annmarie Feurtado-Richards, who is prosecuting the case on a fiat from the Office of the Director of Public Prosecutions, explained that the matter had been scheduled for three days and that the prosecution had estimated how many witnesses could be accommodated during that period.

UNNECESSARY INCONVENIENCE

She said the prosecution had not anticipated that the witness would be unavailable and had been in contact with the individual up to the afternoon before the scheduled appearance, as well as on the morning of the hearing, while efforts were made to secure the witness’ attendance.

Feurtado-Richards said another witness was available but would have had to travel from St Elizabeth to Kingston, with no guarantee that her evidence would be reached. She decided against calling that witness to avoid causing unnecessary inconvenience.

Additionally, she said the other witness who could be called lived in Westmoreland and she decided against calling him.

The prosecutor, however, admitted that the witness schedule had not been properly estimated and indicated that she would make arrangements to have a list of witnesses on standby to reduce the risk of further delays.

Parish Judge Maxine Ellis stressed the need for tighter case management, particularly given the number of witnesses expected to testify.

Ellis acknowledged that witnesses who travel long distances sometimes spend hours waiting at court without knowing whether they will be called to testify and are often inconvenienced, but encouraged both the prosecution and defence to assist the court in minimising disruptions.

The trial on Thursday heard testimony from a credit administration officer, who explained that loan fees are not processed as cash withdrawals but are instead transferred to designated internal accounts.

The testimony followed questions about a transaction recorded on a loan data sheet as a $2.5-million cash withdrawal from a customer’s account for loan fees.

Prosecutors allege that Samuels caused the money to be withdrawn from the customer’s local savings account on September 30, 2022, under the pretence that the transaction had been authorised and that the funds were intended to cover loan fees.

However, when questioned by Brown, the credit administration officer said he was unable to determine its purpose.

“I can see the narration; however, I do not agree, as all loan fees are to be transferred to appropriate internal accounts, so with that in mind, I don’t know what the withdrawal is for,” he testified.

He also testified that there was no evidence that Samuels had prepared the document, adding that the information available pointed to the involvement of other employees.

tanesha.mundle@gleanerjm.com