Collapse of nine-year fraud case triggers internal review at MOCA

The Major Organised Crime and Anti-Corruption Agency (MOCA) says it has launched an internal review after a court dismissed a long-running fraud case involving former Tax Administration Jamaica (TAJ) employees for want of prosecution.

MOCA, in a statement issued Wednesday, acknowledged public concern following Monday’s ruling, which ended a nine-year case marked by repeated delays and the absence of prosecuting attorneys at a critical hearing.

"We have commenced an internal review of the case management and court attendance issues arising in this matter and will take appropriate next steps...," the agency said. 

Five former TAJ cashiers - Dermain Shakespeare, Kelly-Ann Wright, Sherine Leslie, Shanna-Kay Simmonds-Johnson and Sherika Stewart - were freed in the Kingston and St Andrew Parish Court after the judge dismissed the charges, citing prolonged delays and the prosecution’s failure to proceed.

The matter, which dated back to 2017, involved allegations of a multimillion-dollar fraud uncovered at TAJ’s Cross Roads offices. The women had faced charges including conspiracy to defraud, forgery, and larceny as a servant.

MOCA said the case was investigated by the Revenue Protection Division and prosecuted jointly with its legal department under fiats granted by the Office of the Director of Public Prosecutions (DPP). A fiat is a formal legal authorisation permitting a private lawyer to assoicate with a criminal proseuction.

According to the agency, when the matter came up on Monday, the prosecution was “in a position to proceed” but fiat lawyers were absent, with two affected by illness and another unable to attend due to personal circumstances. It said those factors, against the case’s “prolonged history”, contributed to the court’s decision.

Over the years, the case was delayed by “a multiplicity of circumstances”, many outside the prosecution’s control, MOCA added.

At Monday's hearing, defence attorney Althea Freeman, who represents Wright, argued that the outcome was justified, "given the nature and the history of the matter”

“It’s only fair that justice is balanced. It must be fair to both the accused person and the victims. It cannot be continuously skewed towards allowing the prosecution to be nonchalant,” she said. 

The judge, in refusing a request for another adjournment, noted the impact of the nine-year delay on the women’s lives and expressed concern that the prosecution was not ready to proceed.

MOCA said it is now consulting with the DPP on “potential options for the way forward” while seeking to identify “systemic learning” to prevent a recurrence.

The women are reportedly considering legal action against the State, citing alleged breaches of their constitutional right to a fair trial within a reasonable time.

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