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Collin Partap Guilty - $5000 or nine months prison
By JENSEN LAVENDE jensen.lavende@trinidadexpress.com
Story Created: Jul 30, 2013 at 12:02 PM ECT
Story Updated: Jul 30, 2013 at 12:19 PM ECT
Former Minister in National Security Ministry, and Member of Parliament for Cumuto/Manzanilla, Collin Partap was today found guilty on the charge of failing to submit himself to a Breathalyser test outside the Zen nightclub in Port of Spain last August.
Chief Magistrate Marcia Ayres-Caesar ordered that Partap pay a $5000 fine. Partap was given one week to pay, or spend nine months in prison.
On July 9, the magistrate rejected a no-case submission made by Partap's attorney Israel Khan. She ruled that that the State, represented by attorneys George Busby and Simone Jaggernauth, had made out a prima facie case, and she was satisfied that a conviction might be the result based on the evidence.
Today, the magistrate said that police officers had cause to suspect that Partap had exceeded the limit, and she was satisfied that the State witnesses were credible, reliable and compelling.
She said that the insistence by Partap that his attorney to be present before he gave a breath sample, was not a reasonable excuse for causing the delay.
She said this refusal was equal to failure, and Partap's failure was without reasonable excuse.
Magistrate Ayres-Caesar also mentioned an address in Parliament where the road carnage linked to driving under the influence was discussed.
She said that Partap, being a lawyer, MP and minister, had taken an oath to uphold the law and "to whom much is given, much is expected".
She said that on the night in question, Partap was called upon to display a higher standard than was displayed, according to the State's evidence.
Partap's Ministerial portfolio was taken away by Prime Minister Kamla Persad-Bissessar within 24 hours of being charged with the offence on August 26 last year.
Following the magistrate's over-ruling of the no-case submission on July 9, Khan suggested that Ayres-Caesar train her mind to review the evidence and find beyond reasonable doubt that the evidence is cogent enough to find Partap guilty.
He added that now the task is more difficult since the Chief Magistrate would now have to be morally convinced that the evidence put forward warrants a guilty verdict.
Khan submitted that his client should be freed since the charge he is facing does not exist according to the law, given that the words "for a breath test" was left out. He added that to date no amendment has been made.
Khan re-submitted that if any charges had to be laid against his client the one he is charged with was the wrong one since he delayed taking the test and did not refuse to take the test.
Khan said if his client is found guilty he would want to know the reason for this, adding that the State would also want reasons if the Chief Magistrate was likely to rule in Partap's favour.
Busby said that Partap as an attorney and as a minister knew what he was doing. He added that there are cases which state that
a delay amounts to a refusal in any event so the charge is a proper one.
Busby told Ayers-Ceasar that the wrong message would be sent to the public if Partap is found not guilty since Partap "clearly, willfully and obviously" refused to take the test.
He added that Partap's mind set at the time was that of the local parlance of "going down dying".
"The police could stop anyone, me, you, a minister. You are not allowed to refuse and drive off and go home and kill yourself or someone else," said Busby.
Following the ruling, Khan, who is one of seven prominent attorneys
representing Partap, informed the Chief Magistrate that his client would not be entering the witness box and he would not be calling any witnesses in his defence.
He added that his client would rely on the submissions put forward during the no case submission which she overruled.
Partap is the United National Congress' policy and strategy officer, and the son of former UNC MP Harry Partap, a former Express editor who is now Trinidad and Tobago's High Commissioner to South Africa.
(From the Multimedia Desk)
ronsin1 wrote:so he was found guilty of an offence is the PM is he going to the do the honorable thing and step down as MP and have another By election
pioneer wrote:Why do I get the feeling in T&T the perception of the public is that if you're rich the fine must be higher than that of a "poor" man?
RE: Machel Montano
pioneer wrote:Wha make you say that?
Based on what previous cases/rulings/judgements?
persons in the government don't even wantvto use public health system even though they are the ones responsible for it...pioneer wrote:They could have gotten free care in the govt hospitals
Nobody force dem to go premium
This is a scary thing. Would be nice if there was a way to force the minister of health and staff to use public facilities onlysMASH wrote:persons in the government don't even wantvto use public health system even though they are the ones responsible for it...pioneer wrote:They could have gotten free care in the govt hospitals
Nobody force dem to go premium
nah more like telling Chinese to eat the menu Chinese foodMonsterPower wrote:dais like telling dem doubles ppple to eat thier own doubles.
redmanjp wrote:pioneer wrote:Why do I get the feeling in T&T the perception of the public is that if you're rich the fine must be higher than that of a "poor" man?
RE: Machel Montano
in machel case he shoulda geh jail not fine- any ordinary man would have gotten that
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