SANJA Elliott, the former deputy superintendent of roads and works at the Manchester Municipal Corporation who was in 2020 sentenced to five years behind bars at hard labour for being the “ringmaster” in defrauding that entity of millions, has mounted an appeal seeking to have the court quash his conviction and acquit him.

Elliott, following the trial which lasted over eight months, had been convicted 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 by senior parish court Judge Ann-Marie Grainger .

Grainger further rejected bail applications by lawyers, pending appeal, after imposing custodial sentences on Elliott and his three co-accused for defrauding the entity of a supposed $40 million, even though initial reports had referenced $400 million. They were charged on a 32-count indictment.

In the case which drew national scrutiny, 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 while TashaGaye Goulbourne-Elliott, wife of Sanja Elliott, got a non-custodial sentence and was fined $3 million.

The evidence against Elliott was that he contacted the four main witnesses asking them for their Taxpayer Registration Numbers (TRNs) and made arrangements with them for payments to be made out to them for work purportedly done for the parish council across Manchester. Those cheques were delivered to them directly or indirectly. They then cashed the cheques and gave the money to Elliott.

The Crown claimed that Elliott’s salary from the corporation between 2008 and 2016 — when he was arrested — totalled just over $14 million after statutory deductions, and was incapable of supporting the lifestyle he led between 2013 and 2016, when he was arrested.

At the time of his arrest in 2016, Elliott, the prosecution claimed, had a net worth of more than $255 million, owned six motor vehicles — three Honda motor cars, a Honda Ridgeline SUV, a Suzuki Jimny SUV, and several pieces of real estate. The prosecution said that he was simultaneously making large cash deposits into several bank accounts while paying out cash in large amounts in the construction of two residences.

On Wednesday attorney Norman Godfrey, appearing for Elliott before an Appeal Court panel led by President Justice Patrick Brooks, argued that based on evidence led during the trial which showed that several witnesses were interfered with by the police, the no-case submission made on behalf of his client during the trial should have been upheld. He said the trial judge in rejecting the no-case submission had caused his client to be deprived of a fair trial. Furthermore, Godfrey contended that the court should “frown upon” the conduct of the investigating officer who, even while a witness was giving testimony, continued to interrogate the individual and “used underhand methods” to get him to ‘give evidence contrary’ to the two statements he had previously provided the prosecution with.

According to Godfrey, “the entire trial had been tainted by the misconduct of the police”.

“This court ought to find that the appellant did not receive a fair trial,” Gordon said.

In the grounds of the appeal, Elliott is arguing, among other things, that the verdict is “unreasonable” and that the learned trial judge “erred in law” when she rejected the no-case submission for him.

Furthermore, he contended that the judge also erred in law when she held that the interference with the witnesses by the police did not amount to prosecutorial misconduct. He further said there were gross inconsistencies between the testimonies of witnesses while on the stand, and their statements to the police, before the trial which could not be passed off as “mere omissions”.

The matter, which is part-heard, is set to continue today with the prosecution responding to the submission by Godfrey.