By LEANDRA ROLLE
Tribune Chief Reporter
lrolle@tribunemedia.net
A DEFENCE lawyer berated Water and Sewerage Corporation’s (WSC) general manager, Robert Deal, yesterday for “wasting” the court’s time, accusing him of not directly answering questions during cross-examination.
Geoffrey Farquharson repeatedly urged Senior Justice Cheryl Grant-Thompson to “put an end to this nonsense” and at one point suggested that the defendant should admit “he’s ignorant” if he didn’t know the answer.
His comment came as Damian Gomez continued his cross-examination of the witness in the criminal trial of Long Island MP Adrian Gibson and others.
When asked how the corporation calculates VAT on a contract, the witness said officials would look at the contract items, find the subtotal, and calculate VAT on that amount.
Mr Gomez questioned the witness on whether VAT is applied to the actual contract amount awarded by the corporation.
The witness responded that VAT is not applied to the contract amount but is instead “a part of” it, prompting an interjection from Mr Farquharson.
“Mr Gomez is asking the witness simple questions –– is the contract amount different from the VAT?” Mr Farquharson said.
“Everybody in this jury knows that if you go to buy a pair of shoes, the price of shoes is different from the VAT. He’s the manager of the WSC and he don’t know the difference between a contract and a VAT that is added to the contract.”
He accused the witness of wasting the court’s time by “shuffling and jiving”.
Acting Director of Public Prosecutions Cordell Frazier disagreed with the defence lawyer, arguing that the question had been answered.
“If you’re going to sit here and allow defence counsel, Mr Farquharson in particular, to dictate how the witness should answer a question, that is impermissible,” Ms Frazier said.
Mr Gomez asked the witness if he had participated in signing the payment vouchers related to contracts for the WSC tanks and buildings painting project.
Mr Deal reiterated that he was not directly involved in that process.
Mr Gomez then presented the witness with a WSC acceptance letter for the Blue Hill Low Level One tank project.
Reading from the document, the lawyer said the total contract price for the works was $263,000, with a base contract amount of $235,000 and VAT of $28,200.
The witness agreed with the attorney’s suggestion that there was a distinction between the base contract price and the VAT.
The defence attorney pointed to other letters of acceptance sent out to other companies, including Elite Maintenance, and said: “The same thing is repeated.”
Mr Gomez questioned whether each letter of acceptance distinguished between the actual cost of the service and the value-added tax. The witness confirmed this.
Mr Gomez asked if the witness agreed that the amount to be paid to the contractor for the WSC tank project was $235,000.
The witness replied that “there’s a total contract amount”, but Mr Gomez interrupted him.
Mr Gomez noted that the documents had been reviewed, highlighting the breakdown provided by the corporation. The attorney pointed out that the Water and Sewerage Corporation (WSC) document separated the $235,000 allocated for the contractor from the amount designated for the government’s value-added tax.
The witness said he was trying to be as clear as possible, but Mr Gomez responded: “I’m only asking if you agree or disagree.”
Mr Farquharson also pressed for an answer, saying a third grader could’ve answered the question.
The witness said the corporation assesses the value of work in stages as it’s completed. He said once a stage is finished, the work and the corresponding VAT are calculated, and the total is paid to the contractor, who then handles their VAT filings.
Mr Gibson, the Long Island MP, is on trial alongside Mr Elwood Donaldson Jr, the WSC’s former general manager, Joan Knowles, Peaches Farquharson, and Jerome Missick.
He faces charges related to his tenure as WSC executive chairman, including allegations of failing to declare his interest in contracts awarded by the corporation.
The defence team consists of Mr Gomez, Mr Farquharson, Murrio Ducille KC, Ian Cargill, Bryan Bastian, Ryan Eve, and Raphael Moxey. The Crown’s legal team includes acting Director of Public Prosecutions Cordell Frazier, Karine MacVean, and others.
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