City Magistrate dismisses charge for falsifying invoice against Atlantic Fuels
A charge for falsifying invoice that was instituted against Atlantic Fuels Inc. (AFI) by the Guyana Revenue Authority (GRA) was dismissed on Wednesday by City Magistrate Dylon Bess who upheld a no-case submission made on the company’s behalf by lawyer Siand Dhurjon.
The charge was instituted in January 2021, and the Director of the company, Eugene Gilbert had appeared at the Georgetown Magistrates’ Courts to answer the charge.
Gilbert denied the charge which alleged that on November 12, 2020, at GRA’s Lot 200-201 Camp Street, Georgetown, headquarters, he caused to be made and subscribed a false declaration to GRA, to wit, invoice number 100 for customs declaration reference number GY 410C.
It was reported that the invoice amounted to GYD 40,000,000. The 68-year-old man was released on $300,000 bail pending the hearing and determination of a trial.
Dhurjon, in a press statement on Wednesday, said that the magistrate agreed with his contention that the falsity of the invoice was not proven. According to him, Magistrate Bess further ruled that the charge filed lacked the specificity of the falsity that the GRA was alleging.
“The Magistrate was at a loss for the court could not know if the falsity alleged had to do with the value declared, the amount of fuel declared, or the supplier,” added counsel.
Magistrate Bess during his ruling, Dhurjon said, reminded GRA’s lawyer Jason Moore that a court must never have to speculate and that an accused must always know the case he has to meet.
As such, Dhurjon said that the court held that GRA failed to make out a case against the company.
Atlantic Fuels Inc is owned by Dr. Richard Van West-Charles, a former Chief Executive Officer of the Guyana Water Incorporation (GWI), and a prominent supporter of the APNU/AFC Coalition.
The fuel company was granted its import/export license in 2016. The GRA had alleged that the company falsified the invoice contrary to Section 217(1) (a) of the Customs Act, Chapter 18:01. Commissioner-General of GRA Godfrey Statia had filed the complaint against AFI.
