Bahado-Singh, Grindley freed in Petrojam fraud case

“It is a blessed day,” beamed former Petrojam General Manager Floyd Grindley shortly after he and ex-chairman Dr Perceval Bahado-Singh were found not guilty of fraud on Tuesday.

Bahado-Singh was on trial for claiming reimbursement for alleged fraudulent overseas trips and meetings at Petrojam, amounting to more than US$73,000 or just over J$11 million.

Grindley was accused of aiding and abetting the chairman for the claims made between December 2016 and May 2018.

Bahado-Singh was charged with 12 counts of obtaining money by means of false pretence, while Grindley was charged with eight counts of aiding and abetting obtaining money by means of false pretence.

However, Parish Judge Maxine Ellis, who presided over the trial that began in May 2022, acquitted the men on Tuesday, noting that the standard for mens rea and actus reus was not met.

Mens rea means that the men intended or were of the mental state to commit the crime and actus reus refers to whether the Crown was able to provide physical evidence to prove that the men committed a crime.

“The prosecution has not discharged its burden to the requisite standard in all respect for all of the counts on the indictment, and for the conspiracy, there is no evidence for which I can be firmed that the general manager knew and was aiding, abetting and facilitating the chairman committing a crime,” Ellis said.

The judge said there is also no evidence that Bahado-Singh tricked anybody or that he had gained anything as he had reimbursed all of the sums that he had collected for travel claims.

Ellis, earlier during her summation, said there was no evidence to prove that Bahado-Singh was in breach of Circular 21, which defines overseas travel as ‘travel from Jamaica to overseas’ and outlines the rules regarding overseas travel and the process for reimbursement.

The judge described the trial as an “investigation into the operation of the company”, which resulted in those who were not aware of what was happening and the system and procedures now being informed.

“In this case, on any look of evidence, everyone was not following the correct procedure. Nobody did anything wrong,” she said.

Ellis said it was clear that a number of the employees, including those who came to testify, were unaware of the procedures governing overseas travel and reimbursement.

‘Happy as a lark’

Following the verdict, a smiling Grindley was overheard saying, “It’s a blessed day”, as he happily embraced his attorneys, KD Knight, KC, and Matthew Hyatt.

“He is happy as a lark. He is really pleased,” Knight said when asked about his client’s response to the verdict.

In his reaction to the verdict, Knight said, “For the public, justice was done.”

While noting that the trial was “tough”, Knight said he was always confident that the defence would triumph.

“My colleagues can tell you, when I wrote the last submission, I said, ‘Matthew, there is no way a conviction can flow from [this] because the prosecution simply did not adduce the evidence’,” he said.

Knight hailed the judge for doing a stellar job.

“I think the judge spent a lot of quality time analysing the evidence and relating it to the law and she gave a very careful summation. This case started out of a parliamentary committee, it got wide publicity, and knowing of the public knowledge and interest to retain credibility, you have to be very careful and very professional, and this is what she was,” he said.

Meanwhile, Bert Samuels, who, along with his daughter Bianca Samuels, represented Bahado-Singh, said the verdict was a relief for both men, whom he said were victims of political crucifixion.

“It was the prosecution of a public servant. [Dr Bahado-]Singh, who grew up in a children’s home from he was three years old, gave his service to Jamaica for free. He did not get a salary as chairman, and then to be embroiled in all of this, which started in the Parliament as a political crucifixion of Mr Grindley and Dr Bahado-Singh,” Samuels said.

King’s Counsel Caroline Hay, who prosecuted the case on a fiat from the Office of the Director of Public Prosecutions, declined to comment.

However, Basil Jarrett, director of communication at the Major Organised Crime and Anti-Corruption Agency, said: “Obviously, we are disappointed but we respect the decision of the court and we remain committed to dismantling corruption and organised crime wherever it may exist.

tanesha.mundle@gleanerjm.com