COALITION of Independents leader Lincoln Bain is facing a court application seeking to have him prosecuted for perjury, after a creditor alleged that his sworn testimony about his financial position was contradicted by election-related financial disclosures filed two weeks later.
In court filings submitted yesterday, Zinnia Rolle alleged that Mr Bain made “wilful and corrupt” false statements during an April 1 examination concerning his ability to satisfy outstanding debts.
The application refers to a statutory declaration Mr Bain filed on April 16 under the Parliamentary Elections Act. Ms Rolle argues that the declaration showed income, business revenue, and assets that were allegedly not disclosed during his sworn court testimony.
Ms Rolle is asking the court to refer the matter for prosecution under Section 82 of the Penal Code, which deals with perjury. She is also seeking an order requiring Mr Bain to pay the remaining $85,000 balance within seven days.
In her affidavit, Ms Rolle alleged that Mr Bain knew his statements were false and intended to mislead both the court and the judgment creditor about his true financial position.
The filing focuses on four statements Mr Bain allegedly made during the April 1 proceedings regarding his finances, income, and assets.
According to the affidavit, Mr Bain told the court that his last remaining asset was $5,000 in savings, that he had no interest in any other assets, including assets held at a credit union, and that he earned $20,000 per month.
He also allegedly told the court: “I have no bank account with Commonwealth Bank with zero or very low balance. I don’t keep anything in it. After the 2021 election I surrendered it to bank. No banker would give a business account with me. Even the Coalition of Independents bank account, I am not on that.”
However, financial declarations submitted two weeks later to the Parliamentary Registration Department and published in The Tribune listed Mr Bain, the Pinewood candidate, as having a net worth of $1.5 million, down from $1.8 million declared in 2021. The declaration also listed total assets of $1.5 million, income of $360,000, and liabilities of $85,000.
A draft order attached to the application asks the court to forward the transcript of Mr Bain’s April 1 evidence to the Director of Public Prosecutions for investigation and possible prosecution.
The application also seeks an order requiring Mr Bain to enter into a $10,000 recognisance to secure his appearance before the Magistrates Court if proceedings are initiated.
The latest filing arises from a long-running dispute between Mr Bain and Ms Rolle over a failed investment arrangement dating back to 2010.
The courts previously ruled in Ms Rolle’s favour, with the Court of Appeal awarding $64,000 and the Privy Council later awarding an additional $26,000 in costs, bringing the total judgment debt to $90,000. Partial payments of $5,000 have reportedly been made, leaving $85,000 outstanding.
The application comes as Mr Bain is also facing a potential bankruptcy action connected to the same debt. A Debtor’s Summons issued earlier this month warned that failure to pay could amount to an “act of bankruptcy.”
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