Court to rule on lawyer’s motion against fraud-related charges

A COURT will make a ruling next week on a motion by a lawyer against the fraud-related charges laid against him by police.
Magistrate Tracy Ganaii adjourned Gregory James Sheppard’s case to Tuesday after submissions from lawyer Nerrie Eliakim and police prosecutor Sgt Joseph Sangam.
Eliakim told the court that their application sought to have the police disclose particulars of the charges against Sheppard.
“Police need to give us the particulars of the trust instrument that they’re referring to because that is the basis of the entire allegations,” she said.
“I say this because there have been numerous trust instruments in relation to this particular matter before the National Court.
“The offence has been alleged to have been committed in 2018 and 2019.
“So it’s very important that particulars of that trust instrument that police are alleging be identified in order for the accused to prepare his defence against the four charges against him.”
Eliakim said that under the Trustees and Executors Act, a trustee was not chargeable with a breach of trust.
Sgt Sangam said the court was governed by the District Court Act.
“At this stage, the defendant is not entitled to be provided with the particulars because the statement of facts are particulars enough so that the defendant know what he was charged with,” he said.
“Detailed particulars will come when the hand-up brief is served to the defendant.”
Sgt Sangam said the motion was an abuse of process and should be dismissed.