State rejects blame for delay in civil servants’ trial

The State has insisted it is not responsible for the lengthy delay in bringing to trial two Inland Revenue Department employees accused of criminal deception.

Joseph Nathaniel Sobers, a clerical officer, of Pie Corner, St Lucy, and Cheryl Leverne Thomas, an assistant accountant, of Kingsland, Christ Church, are jointly charged with attempting to dishonestly obtain $45 000 from Shane Hurley sometime between August 12, 2008 and June 22, 2009, by falsely representing that he was indebted to the Inland Revenue Department in the amount of $375 000 and that the payment of the said requested $45 000 would satisfy the outstanding debt.  

The two are also charged that, being public officers of the Inland Revenue Department, they engaged in wilful misconduct which amounted to an abuse of public trust in requesting payment from Shane Hurley in the amount of $45 000 for the full settlement of an alleged outstanding debt to the Inland Revenue Department of $375 000.  

When the case was called in the No. 4 Supreme Court, Justice Laurie-Ann Smith-Bovell noted that the case had been before the High Court since before 2018.  

Acting Director of Public Prosecution Alliston Seale SC told the court that this was not the fault of the State “at any juncture”.  

He told the judge: “We have been trying to get this matter going.This is not a high profile case in that it is not a murder but it involves two public servants that have been on suspension for a protracted time and we want to get the matter dealt with and disposed of. 

“Time runs against us because I am sure a lot of the persons from that department have resigned and that’s the level of frustration and I hope that when the time comes, I do not hear anything about delay.”  

SC Seale, who is prosecuting the case along with Acting Senior State Counsel Paul Prescod, pointed out that the late attorney Ezra Alleyne had been involved in the matter and since his death it was handed over to another lawyer and “it’s been going like the proverbial molasses going up a hill.” 

Seale said: “People talk about discontinuing matters that have been going on too long, but we have to find and examine the reason carefully as to why matters have been going on so long before we talk about just disposing of old matters because this involves the State.”

The acting DPP noted the impact of such delays on the parties involved, particularly in frustrating complainants and witnesses.  

Seale said that the State will read in the evidence of any witnesses who were unavailable when the case began.  

“We are ready to pursue this matter to the end,” he said.  

Sobers is represented by attorney Sian Lange in association with Senior Counsel Andrew Pilgrim, while defence lawyer Sade Harris represents Thomas.  

The case was adjourned until July 27.  

(JB)