The owners and crews of two boats caught last month by the Coast Guard, allegedly smuggling fuel into Guyana, were yesterday charged with fraudulently evading duties and knowingly being aboard a smuggling ship.
The crew members of the Babejana were at the time: Winston Wells, Robert Alexander Obermuller, Israel Ashby and Gregory Smith and the owner of the vessel is Leo Da Silva. Crew members of the Reina Del Mar were: Dyal Singh, Mukesh Singh, and Tamesh Lillie and the owner of the vessel is Deonand Singh, also known as Leo Singh. All were released on bail after they each pleaded not guilty to the charges before the acting Chief Magistrate, Juliet Holder-Allen.
The Babejana and the Reina Del Mar, locally registered vessels, were each detained on October 8 by the flagship GDFS Essequibo, which had been assisting in operations to monitor the local fisheries zone. The Babejana was reportedly laden with 6021.5 gallons of gasoline, valued at $1,240,799 while the Reina Del Mar was reportedly laden with 5386.2 gallons of gasoline, valued at $1,101,682.
The crews of the two vessels, who were charged jointly while the owners were charged separately, are alleged to have knowingly evaded duties, by transporting the fuel into Guyana without declaring it to the Revenue Authority.
It is also alleged that they were found on the vessels, while they were conveying goods being imported into Guyana contrary to restrictions.
The owners, who only answered charges of knowingly evading duties are meanwhile alleged to have been knowingly concerned in the importation of goods into Guyana without declaring it to the Revenue Authority.
Attorney for the Guyana Revenue Authority was Joy Persaud, while attorney Khemraj Ramjattan appeared for the accused men.
Ramjattan admitted that the vessels were laden with fuel, however, he maintained it was the intention of both crews and both owners to declare the fuel to the relevant authorities.
He said that the vessels were detained in the Waini River while they were making their way to Charity, some 18 miles away, where they would have declared the fuel. This, he said, had been made clear to the Customs Authority.
Further, he related to the court that a similar incident had occurred a month before the men were detained, where a vessel owned by a Janet Da Silva had been detained under the same circumstances.
He told the court that the matter was quickly resolved without legal proceedings when Da Silva paid the duties on the fuel.
He said that it would be unfair to charge the men when there was an established precedent. Ramjattan said the owners, in light of the precedent set by Janet Da Silva, believed that they had been partaking in a legal transaction.
He argued that it was unfair for precedence to be created and then when a situation arises it is not applied. He said the men would not attempt to flee and would want to defend the matter since they believed they had not been engaging in an illegal activity. Persaud however noted that in the case of Da Silva the facts were entirely different.
And while she did not object to bail being granted to the crew members, Persaud said the charges against the owners were serious since the men did not have a licence to import the fuel as is required under the Energy Act and she requested substantial bail.
The magistrate, noting that the crew members were following orders, released each of them on $55,000 bail while the owners were each released on $250,000 bail or surety.
They are to return to court on Friday when the matter is to be heard at the Charity Magistrate’s Court. (Andre Haynes)