Magistrate throws out Police charges against SuperBet operators

Magistrate Leron Daly on Friday dismissed 10 charges against several SuperBet operators after the Guyana Police Force’s prosecutors failed to provide evidence that they had jurisdiction to investigate and charge the operators.
Following civil proceedings filed by Guiana Holding Inc at the High Court to reverse the decision of the Guyana Revenue Authority (GRA), which requires that the company submits a Certificate of Good Standing as a condition prior to the issuance of a Betting Shop licence under the provisions of the Tax Act, several SuperBet operators, specifically in the areas of Georgetown and the East Bank of Demerara, were summoned to appear in court on Friday to answer charges filed by the Guyana Police Force (GPF).
The Georgetown agents: Devanand Singh, Rhonda Josiah, Kurt Sunich and Devendra Gangaran, all appeared before the Georgetown Magistrates’ Courts on Friday last; while the East Bank agents, namely: Roumayne Dunn, Lachman Fredrick, Jessica William and Hamauth Satayadeo, appeared before the Providence Magistrate’s Court.
They are being represented by Attorney Anil Nandlall. At the initial hearing, Nandlall made objection to the charges being read on the ground that the Police have no jurisdiction to prosecute revenue charges.
The charges were not read, and Magistrate Daly, at the Georgetown Magistrates’ Court, adjourned the matter to Friday August 16, and asked the Police to provide evidence that they were authorised to prosecute.
When the case was called again, the Police Prosecutors failed to provide the requested evidence, and instead argued that the Police Act empowers the Guyana Police Force to investigate and institute charges of any kind.
However, defense attorney Nandlall countered this with the fact that the Guyana Revenue Authority is the sole entity authorised to prosecute revenue-type charges.
“I pointed out that is so except where another Act provides for another agency to prosecute, especially a law that is passed after the Police Act. The Guyana Revenue Authority was created by the Guyana Revenue Authority Act of 2000, and that Act authorises the Revenue Authority to charge persons and to prosecute persons for offences in relation to revenue.
“The charges that SuperBet were slapped with were charges under the Tax Act. They were revenue-type charges, therefore only the Guyana Revenue Authority is authorised in law to prosecute and institute the charges.
“The Magistrate upheld my submissions and dismissed the 10 charges,” Nandlall told Guyana Times in a post-hearing interview.
In addition, Nandlall underscored that pending the dismissal of the charges, the persons charged will be advised to sue the Police and Attorney General for compensation for malicious prosecution.
The matters are being heard before Magistrate Sunil Scarce at the Providence Magistrate’s Court, and will be heard on September 02, after the Police Prosecutors there requested more time in order to obtain advice.