…as court forced to dismiss matter By Latoya Giles“The court is perturbed that the Guyana Revenue Authority’s legal department would start criminal proceedings against people and would not continue with vigour or commitment, because of a “lackadaisical approach” said Magistrate Fazil Azeez yesterday as he dismissed one of the many cases concerning the entity.The GRA was contending that Linden Smith knowingly had an “uncustomed” vehicle at Princes Street. Smith was charged under section 218 D of the Customs Act of 802. Private charges were instituted against Smith by the GRA.Kaieteur News understands that the matter was filed on June 3, 2008. The case was first dealt with in court one. However it was only after the seventeenth hearing that the matter was sent to Magistrate Azeez for the commencement of trial.“I don’t know why it was kept there (Court one),Cheap Authentic NFL Jersey, but from the appearance of the case docket, no evidence was taken,” said the magistrate yesterday.The magistrate explained in open court that the matter first came before him on November 18, 2009, after he was transferred from the West Coast Magisterial District to Georgetown.From that time to yesterday the matter was called over 20 times, and the GRA was only able to put forward three witnesses. One of the witnesses came from the Guyana Revenue Authority, the other from the Licence Office and the third was the investigating rank from the police force.Of the three witnesses provided by the GRA, the policeman was the only person who ever managed to complete his evidence.Furthermore, the magistrate disclosed that a Mr Van Looten from the GRA gave evidence but never returned to be cross examined.Mr. Calvin July, from the Licence Office,Jerseys China Wholesale, was also called by the prosecution,Cheap NFL Jerseys China, but never completed his evidence,Wholesale Jerseys From China, too, and there was no cross examination.According to the magistrate, the court was forced to close the case and expunge the testimonies given by July and Van Looten, in order to keep with judicial practices.Moreover, Magistrate Azeez said that it was observed that over the 20 times that the matter was called, the GRA lawyer was absent for over 50 percent of the time.“The last four occasions the matter was called, neither the GRA, nor the witnesses, was present…Further,Discount NFL Jerseys, myself or the court was not afforded the common courtesy of them saying that they were not going to be present.”Magistrate Azeez said that the court saw it fit to avoid the abuse of process and close the case against the accused.Thereafter, Attorney at law Kashir Khan who was representing the accused made his submission.The court was further told that the only witness, whose evidence was being considered,Cheap MLB Jerseys, failed to give vital information. For instance, the policeman did not check with the records at the Licence Revenue Office (LRO) to determine if the chassis number or engine number were on record.“There was no nexus between the seized vehicle and records at LRO,” the magistrate noted.He further stated that the other important aspect of the case was the inability to establish the “Mens Rea” or criminal intent, one of the necessary elements of a crime.The intention which was stated in the charge was never established, and that was yet another pertinent aspect of the case.“It is clear that the court was forced to close the case after the prosecution failed to diligently prosecute a case they started….they have abandoned the case that they started,” Magistrate Azeez stated.He said that the other accused in the matter, Ramesh Ramsudeen, was never present in the court.Moreover, the magistrate firmly asserted that where the court is concerned if the GRA abuses the process, the court would be willing to deal with the matter.Thereafter, he informed the court that the case was dismissed.