Local News

Judge clears way for DPP to reinstate fraud case against Minister Lee

06 November 2026
This content originally appeared on Trinidad Guardian.
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Hous­ing Min­is­ter David Lee has lost his chal­lenge over the method used by the Of­fice of the Di­rec­tor of Pub­lic Pros­e­cu­tions (DPP) to re­in­state fraud charges re­lat­ed to his ve­hi­cle tax ex­emp­tion as a Par­lia­men­tar­i­an.

De­liv­er­ing a judg­ment on Wednes­day, High Court Judge West­min James re­ject­ed Lee's ju­di­cial re­view and con­sti­tu­tion­al claim against the DPP's Of­fice and the Of­fice of the At­tor­ney Gen­er­al.

The civ­il law­suit re­lat­ed to a crim­i­nal case brought against Lee and busi­ness­man Hugh Leong Poi in Sep­tem­ber 2022.

The duo was ac­cused of con­spir­ing to de­fraud the State of $1.4 mil­lion in tax rev­enue, re­lat­ed to the im­por­ta­tion of a Mer­cedes-Benz G63 AMG val­ued at over $2 mil­lion.

The tax­es in the case in­clude $293,094.02 in Val­ue Added Tax (VAT), $298,650 in mo­tor ve­hi­cle tax and $824,548.62 in cus­toms du­ty.

Lee was ac­cused of false­ly claim­ing the ve­hi­cle was his in or­der to claim tax ex­emp­tions en­ti­tled to him as an MP.

The of­fences were al­leged to have oc­curred be­tween March 24 and June 8, 2019.

Lee and Leong Poi elect­ed to have a pre­lim­i­nary in­quiry in the case be­fore a mag­is­trate in­stead of a suf­fi­cien­cy hear­ing be­fore a High Court Mas­ter, af­ter the Ad­min­is­tra­tion of Jus­tice (In­dictable Of­fences) Act (AJI­PA) was pro­claimed in De­cem­ber 2023.

In April last year, act­ing Chief Mag­is­trate Chris­tine Charles dis­missed the charges against the duo, af­ter their lawyers pur­sued a no-case sub­mis­sion claim­ing that there was in­suf­fi­cient ev­i­dence to sus­tain the charges and war­rant a tri­al.

Sev­er­al months lat­er, the DPP's Of­fice suc­cess­ful­ly ap­plied un­der the In­dictable Of­fences (Pre­lim­i­nary En­quiry) Act (PE Act) for a High Court Judge to re­view the mag­is­trate's de­ci­sion and re­in­state the case.

The DPP's Of­fice held out on fil­ing an in­dict­ment for the case to be list­ed for tri­al in the High Court while Lee's case be­fore Jus­tice James was be­ing de­ter­mined.

In the law­suit, Lee claimed that the DPP's Of­fice was not per­mit­ted to utilise the PE Act, as it was re­pealed by AJI­PA.

He al­so con­tend­ed that his con­sti­tu­tion­al rights to equal­i­ty be­fore the law and pro­tec­tion of the law were breached by the DPP's Of­fice and the com­mit­ting judge, as they cit­ed "ex­cep­tion­al" cir­cum­stances, which he claimed did not ex­ist, to re­sus­ci­tate the case.

Lee al­so claimed that he should have been con­sult­ed be­fore the DPP's Of­fice sought to chal­lenge his dis­charge.

The DPP's Of­fice de­nied any wrong­do­ing, as it claimed that the PE Act still ap­plied to cas­es such as Lee's that were in­sti­tut­ed be­fore AJI­PA was pro­claimed.

In de­cid­ing the case, Jus­tice James agreed with the DPP's Of­fice that the pro­ceed­ings against Lee did not au­to­mat­i­cal­ly come to an end when he was dis­charged.

"Par­lia­ment plain­ly does not re­gard a dis­charge as end­ing the pro­ceed­ings in ei­ther regime," Jus­tice James said.

Jus­tice James not­ed that Lee's de­ci­sion to elect a pre­lim­i­nary in­quiry did not con­sti­tute a waiv­er of his rights. How­ev­er, he not­ed that it showed that both leg­isla­tive regimes could work side by side dur­ing a pe­ri­od of tran­si­tion, as in­tend­ed by Par­lia­ment.

"And it an­swers the com­plaint of un­fair­ness, since the ap­pli­cant chose, with the ad­vice of ex­pe­ri­enced coun­sel, the regime whose in­ci­dents he now crit­i­cis­es and en­joyed its ad­van­tages, in­clud­ing a no-case sub­mis­sion in­formed by the cross-ex­am­i­na­tion of wit­ness­es," Jus­tice James said.

Jus­tice James al­so re­ject­ed Lee's com­plaint al­leg­ing that the ac­tions of the DPP's Of­fice and the judge con­sti­tut­ed an abuse of process.

Stat­ing that the DPP's Of­fice pre­sent­ed a com­plete tran­script of the pro­ceed­ings be­fore the mag­is­trate for the judge to con­sid­er, Jus­tice James said: "The pre­sump­tion of reg­u­lar­i­ty ap­plies with par­tic­u­lar force to the acts of a judge and the ap­pli­cant's sug­ges­tion that the judge treat­ed his task as a "rub­ber-stamp­ing ex­er­cise" is spec­u­la­tion, not ev­i­dence," he said.

Jus­tice James al­so found that Lee did not have a right to be con­sult­ed be­fore the judge is­sued the war­rant re­sus­ci­tat­ing the charges.

Al­though he dis­missed Lee's chal­lenge, Jus­tice James still not­ed that he (Lee) can still take fur­ther le­gal ac­tion.

"Noth­ing in this judg­ment af­fects the ap­pli­cant's right to ap­ply to the tri­al judge to stay the pro­ceed­ings as an abuse of process, or to make any sub­mis­sion at tri­al," Jus­tice James said.

Jus­tice James did not or­der Lee to pay the State's le­gal costs for the law­suit based on its nov­el­ty and its po­ten­tial im­pact on oth­er sim­i­lar cas­es.

Lee was rep­re­sent­ed by Fyard Ho­sein, SC, Sasha Bridge­mo­hans­ingh, Aadam Ho­sein and Pra­vana Ma­haraj.

The DPP"s Of­fice was rep­re­sent­ed by Ian Ben­jamin, SC, Shali­ni Singh, Tr­isha Ram­lo­gan, Brent James and Vin­cent Jar­dine. The AG's Of­fice was rep­re­sent­ed by Mon­i­ca Smith, Gay­a­tri Dass, Yea­ma In­dars­ingh and Si­mon Branel­lec.