Judge frustrated by slow progress in Sagicor fraud case

By Racquel Porter    

 

Parish Court Judge Simone Walker McFarlane on Tuesday expressed disappointment that six months after the multimillion-dollar Sagicor fraud case was set for plea and case management, the prosecution had not secured outstanding statements.

 

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

 

When the matter was called up in the Kingston and St. Andrew Parish Court, the judge registered her displeasure with the progress of the case after attorney-at-law Ann-Marie Feurtado-Richards informed the court that eight statements from the bank regarding procedures and another seven from people whose accounts were being used as ghost accounts were outstanding.

 

While noting that the court was operating under a new dispensation in which matters are expected to be completed within two years, the judge stressed that what is happening is "unacceptable" as the matter started in December 2022.

 

She said the matter has been in the mention court for too long.

 

The judge also questioned why none of the statements was completed when the matter was last before the court in March.

 

Mrs. Feurtado-Richards replied that some of the people who were to be interviewed regarding the ghost accounts had gone overseas and that interviews that were planned after they returned fell through.

 

She explained that some of the personnel at the bank who were to give the statements had left the company and new persons have to be located.

 

The judge, however, was not pleased with the response, noting that she still did not understand why no statements were collected as some of the witnesses were available. 

 

The prosecutor subsequently indicated that the bank statements would be ready by next week Friday.

 

Defence confident  

 

In the meantime, the defence has expressed confidence that the crown does not have sufficient evidence to mount a prima facie case against their client.

 

Tricia Moulton's attorney Valerie Neita Robertson, KC, said having gone through the extensive material along with her junior John Mark Reid, she does not see where the prosecution has a case unless it produces other materials.

 

Mrs. Neita Robertson added that the matter is not complicated.

 

Mrs. Moulton White's attorney Matthew Hyatt, while voicing his disappointment, stated that he, along with fellow attorney Bert Samuels, has found several errors in the material that has been disclosed.

 

Mr. Hyatt revealed that the former vice president of group marketing at Sagicor has been diagnosed with clinical depression as a result of the prosecution of the case.

 

Having listened to the concerns, Parish Court Judge Simone Walker McFarlane enquired whether the prosecution is satisfied that it is in a position to discharge its evidential burden.

 

Mrs. Feurtado-Richards said she believed the threshold can be met in terms of whether a prima facie case can be made out and it is for that reason she requested further statements.

 

Meanwhile, the accused had their reporting conditions varied from two days to one after their attorneys asked that reporting conditions be either removed or reduced.

 

They are scheduled to return to court on October 22, for the continuation of the plea and case management hearing.

 

Ms. McLeod is being represented by Peter Champagnie, KC, while Ms. Samuels is being represented by Rita Allen Brown.