MANDEVILLE, Manchester — Senior parish court judge Ann-Marie Grainger yesterday rejected bail applications by lawyers, pending appeal, after imposing custodial sentences on Sanja Elliott and three co-accused in the multimillion-dollar Manchester Municipal Corporation fraud trial here.

Additionally, the judge rejected an appeal for leniency from counsel representing Elliot, the former deputy superintendent of roads and works, whom she described as the “ringmaster” in the defrauding of the corporation, and sentenced him to five years’ imprisonment at hard labour.

The sentencing at the Manchester Parish Court is seen as a major victory for the Office of the Director of Public Prosecutions.

Former secretary manager and acting CEO of the corporation David Harris was sentenced to 16 months in prison at hard labour.

Former temporary works overseer Kendale Roberts was sentenced to 18 months at hard labour.

Carpenter/gardener Dwayne Sibbles was sentenced to 12 months’ imprisonment at hard labour on the count of conspiracy to defraud.

TashaGaye Goulbourne-Elliott, wife of Sanja Elliott, got a non-custodial sentence, and was fined $3 million.

Grainger said that, based on the social enquiry report, Elliott had no expression of remorse. She rejected the submission from Elliott’s attorney, Norman Godfrey, saying she did not agree, and stressed that the sentence should be a deterrent for potential offenders.

“The court has to consider that people are looking on… the threat of punishment should deter potential offenders,” she said.

Grainger went on to emphasise that the defrauding of the local authority “happened over a period of years”.

“A nonchalant sentence would send a wrong signal,” she added.

Elliott was convicted on May 15 on charges of conspiracy to defraud, obtaining money by false pretence, engaging in a transaction that involves criminal property, possession of criminal property, and an act of corruption.

Grainger stated that given the nature of the offences “there must have been some careful planning”.

“It weighed heavily on the court because of the abuse of his position… The maximum fines are not sufficient as it relates to Sanja Elliott,” she said.

In sentencing Elliott, Grainger pointed out that the money laundering counts are to run concurrently, while the other sentences are to run consecutively to the ones of money laundering, that is, counts in relation to conspiracy, obtaining money by false pretence, and an act of corruption.

Godfrey had asked that his client not be imprisoned.

“Thirty-four-year-old Elliott is a father of three and had no prior conviction… A sentence of imprisonment should be a last resort,” Godfrey pleaded.

“He is not the kind of individual that requires to be confined to the walls of an adult correctional facility,” Godfrey said.

The attorney also said, “There has been no indictment presented to this court that speaks to any $400 million being defrauded from the Manchester Parish Council… I have gone through the indictment and at the best it shows $47 million,” he said, adding that the public ought to know what the convicted persons are being sentenced for.

In handing down the sentence, the judge said that the figure was over $40 million.

Granger said, “Harris played a critical role as the CEO. The offence would have involved very careful planning over a period of time.”

On the count of conspiracy to defraud he was sentenced to 16 months’ hard labour. He also received 16 months’ hard labour, with the sentences to run concurrently, for an act of corruption.

Former temporary works overseer Roberts, who is to spend 18 months in prison in total, was sentenced to 18 months on the count of conspiracy to defraud, 18 months at hard labour for uttering forged documents, and 18 months at hard labour for an act of corruption. The sentences are to run concurrently.

Sibbles will spend 12 months at hard labour in prison on the count of conspiracy to defraud.

Regarding the fine of $3 million for Goulbourne-Elliott, Granger said it involved “$1.5 million on each count or six months’ imprisonment [one year in total]. If the fines are not paid, the sentence is to be consecutive”.

Goulbourne-Elliott has been given three months to pay the fine with her father standing surety.

Queen’s Counsel Peter Champagnie told journalists outside the court that the matter will be going to the Appeal Court.

“We respect the decision of the court, but it is subject to our instructions of testing it elsewhere in the Court of Appeal and our instructions are to proceed to do just that… We are obviously disappointed, in terms of the sentencing, but again, the sentencing must be on the respect to the court and we [will] take our chances in the Court of Appeal,” Champagnie said.

Godfrey had a similar message.

“I think we have a good case on appeal… At the time when the statements were served upon us and the indictment produced to us, there are certain witnesses upon whose statement it is alleged the indictments were framed, and in their statement no offence was disclosed. When the witnesses came to court, they changed their story,” Godfrey said.

Godfrey represented Sanja Elliott, his wife, and Sibbles.

Champagnie and attorney Samoi Campbell represented Roberts.

Danielle Archer represented Harris.