AG’s Chambers unable to locate missing $54M diamonds
…Judge orders trial into matter
In just about three months, the Attorney General’s (AG’s) Chambers will have to provide explanations as to why businessman, Ronald Khan’s $54 million worth in diamonds – taken as evidence by Police after it was recovered following a 1994 robbery investigation – went missing.
Justice Fidela Corbin-Lincoln on Tuesday ordered the matter go to trial after the State disclosed that it is not settling the suit with Khan, who is now elderly. The businessman had previously stated that he would drop the suit once his property was returned.
Solicitor General (SG) Kym Kyte reported to the court that the State was unsuccessful in its bid to locate the missing diamonds as many persons involved in the two decades plus matter have since died. She also contended that the Plaintiff has to prove that the missing items were indeed diamonds.
Khan filed legal action against the State in 2011 seeking to recoup his uncut diamonds which the Police found some time after his Ewang Creek, mining camp in Region Eight (Potaro-Siparuni) was robbed in 1994. The precious merchandise was taken to the Mahdia Police Station and transported to Police in E (Linden-Kwakwani) and F (Interior locations) Divisions and Khan said he was told that the items were exhibits in the case.
The diamonds subsequently vanished but after the matter garnered increased attention, at least two retired Police Officers published statements earlier this year denying involvement as it pertains to the missing items.
The State in its submissions related that Khan’s decision to wait until 2011 to file his claim was not within the three-year timeframe as outlined in Section 6 and 8 of Chapter 7:02 of the Limitation Act.
On Tuesday, the Solicitor General told the court that the onus was on the Plaintiff to bring his claim within that time, adding that photographs could have been taken of the alleged missing diamonds.
According to court documents seen by Guyana Times, Khan wrote the late Police Commissioner Henry Greene in 2010, requesting the return of his diamonds. The businessman said while his letter was acknowledged, his property was not returned.
The State will call two witnesses to the stand while Attorney Nigel Hughes will call the businessman to testify in the trial which begins on August 23. In the meantime, the Judge gave both sides time to file witness statements.
Further, the State has until July 6 to file submissions on the limitation arguments while the applicant, Khan, will respond by July 20.
The case garnered increased attention after the Attorney General published notices in the press calling for several Police ranks, including former Police Commissioner Floyd McDonald, to make contact with his Chambers. Some of those called for are now elderly men.
McDonald, who served as Crime Chief in 1994, was named in addition to Harley Davidson, Deputy Crime Chief; Eon Sandy, who was stationed at the Supreme Criminal Court’s Police Outpost; and Alwyn Wilson, who was stationed at then E and F Division headquarters at Eve Leary. Notices were also sent out for Terrence Semple, who was last stationed at Mahdia Police Station; Courtney Ramsey and Desmond Leitch, both last stationed at the Criminal Investigation Department; Constable Fraser (Reg Number: 10881), and ex-Detective Sergeant Carl Wilson (Reg Number: 7797). (Shemuel Fanfair)