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No-case submission made in Brian Penn & wife vs SSB matter
The duo faces allegations of obtaining property by deception, failure to keep proper records, evasion of liability by deception, destroying or concealing documents, failing to issue certificates to employees on termination, failing to record contributions, and failure to make payments to the Social Security Board [SSB] among others.
In all the couple, the owners of a security company, were charged with 191 offences.
Thompson explained that while two sets of offences are indictable - those being obtaining property by deception and false accounting - his no case submission was based on the charge of evasion of liability by deception.
He said the Crown has produced no evidence to support their contention that the couple evaded their liability to the Social Security Board by deception.
“There must be evidence of dishonesty and if there is no evidence of this then there is no case to answer to,” said Thompson.
Further, he said there must be a part of the regulations under the Social Security legislation that criminalises not making payments. “A breach of the regulations even if proved does not mean a criminal offence has been committed,” he said, noting that there would first have to be a section of the regulations which outlines the punishment for such an offence.
“It must first be a crime before they can be convicted of it,” said Thompson.
However, the Prosecution maintained that an inference on the couple’s dishonesty can be drawn from the prolonged period that they allegedly failed to make their payments to Social Security.
Magistrate Ayana Baptiste-DaBreo said she would need more clarity on the issue and the parties are to return with submissions on September 23, 2016.
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11 Responses to “No-case submission made in Brian Penn & wife vs SSB matter”
The Magistrate has no choice but to agree on the no case submission.No penalty no offence. Juse poor drafting.
God is not dead