(Trinidad Express) The station diary at the Carenage Police Station states that businessman Adrian Scoon called Attorney General Faris Al-Rawi while there and being questioned in connection with the party on board the MV Ocean Pelican on Boxing Day.
The AG last night however denied this took place. “I was not contacted by Mr Scoon while he was in police custody,” he told the Sunday Express via WhatsApp.
Excerpts from the diary state that on December 26, 2021, Scoon “made a phone call on his phone and invited No 14596 Sgt Adams to speak on the phone”.
After a short conversation, Scoon gave the phone to Sgt Adams indicating someone wanted to speak with him.
In the presence of Scoon and others, Sgt Adams “activated the loud speaker feature on the device”.
According to the diary, the male voice on the other end identified himself as “Attorney General Faris Al-Rawi…he stated he was not impeding on the investigation, but his position was that the vessel was not deemed a party boat and it was his opinion no offence was committed”.
However, “No. 14596 Sgt Adams informed the said person on the other line that in accordance with the Covid-19 Regulations the Ocean Pelican is deemed a party boat and should have an exemption from the Minister of Health. The conversation ended,” the diary states.
When police officers asked Scoon to produce his Ministry of Health exemption permitting him to host a party on board the Ocean Pelican, he reportedly told officers, “I was told that I don’t need an exemption by the Honourable Attorney General,” according to the diary.
Scoon is the son of Minister of Trade and Industry Paula Gopee-Scoon.
Additionally, the Sunday Express was able to confirm with sources that Al-Rawi had telephoned and held conversations with acting Commissioner of Police McDonald Jacob and acting Deputy Commissioner of Police Erla Christopher on December 26, whilst Western Division officers were shutting down the party and detaining patrons.
Several efforts to contact Jacob and Christopher were unsuccessful while the AG is mum on whether these conversations took place.
Licence null and void
Scoon is contending that he received permission to host the event via a Special Restaurant Licence issued by the Customs and Excise Division.
Such a licence is required by places that sell alcohol to people whether or not they are lodging at the premises or having a meal there.
This licence and another Special Licence have since been rendered “null and void”, by acting Comptroller of Customs and Excise Bernard Nicholas by letter dated December 30, 2021, because it was not issued in accordance with Section 45 (1) of the Liquor Licences Act Chapter 84:10.
In that letter, Nicholas called on Scoon to immediately return the Special Restaurant Licence and the other Special Licence to the Division where he will be refunded.
An internal investigation has since been launched by Customs to determine how Scoon received the licences since instructions were given to have the application deferred due to restrictions of the Covid-19 pandemic.
On Friday, Scoon’s attorney Kiel Taklalsingh said he had written to Nicholas, saying, “Firstly, in so far as you purport to declare that our client’s licence is ‘null and void’ please be advised that you have no power in law to declare any instrument to be null and void and such declarations are the sole province of the High Court. As such, any and all instruments in my client’s possession remain validly subsisting unless set aside by the High Court.”
He added, “The unfortunate effect of your letter is to jeopardise my client’s commercial activities (already planned), potentially cause him economic loss and possibly tarnish his good reputation. In the circumstances, given that your letter has been issued without notice or reasons, should you not rescind same within 48 hours I have received instructions from my client to institute judicial review proceedings to declare your decisions to be unlawful.”
E-mail to Deyalsingh
On the morning of December 27, one day after his party was shut down and the 100 patrons processed and subsequently released pending the investigation, Scoon e-mailed a letter dated December 26, 2021, to Health Minister Terrence Deyalsingh disclosing that he (Scoon) “wish to convert our vessel into a floating restaurant and more importantly a Safe Zone.”
The letter was sent to Deyalsingh’s personal e-mail address only.
The correspondence to Deyalsingh reads, “Dear Minister Deyalsingh, we at the Ocean Pelican are writing to inform you that we have attained our Restaurant and Bar Licence and wish to convert our vessel into a floating restaurant and more importantly as a Safe Zone.
“On advice from the Honourable AG Faris Al-Rawi, we ensure you that our vessel will remain docked and will not sail so as to adhere to the Public Health Ordinance Regulations. We emphasise that we plan on observing all protocols that constitute a safe zone during this period. Should you require any further information, please feel free to contact the undersigned via (cellphone number omitted by the Express) Regards Adrian Scoon—Managing Director”.
Section 4(1)(C) of the Public Health Ordinance Regulations 2020 states:
(1) For the purposes of controlling and preventing the spread of the 2019 Novel Coronavirus (2019-nCoV), it shall be an offence, during the period specified in regulation 17, for any person to– (b) operate a party boat, boat tour or club; (c) hold public parties or public fete. Except where authorised by the Minister.
Last week when asked to comment, Deyalsingh directed all questions to the T&T Police Service and the Office of the Director of Public Prosecutions for interpretation.
The Health Minister on December 28, two days after the event, responded to Scoon outlining the requirements of a safe zone, which included having signage to that effect.
Scoon’s apology
On December 28, via a media release, Al-Rawi admitted that Scoon was very well known to him.
When the contents of the e-mail from Scoon to Deyalsingh were published by the Express on December 28, the Office of the Attorney General stated in a release: “Mr Scoon offered his apology to the AG, specifically acknowledged that no legal advice was given by the AG and stated that he regretted the inconvenience caused.”
The AG did not state how the apology was offered, while Scoon has remained silent.
The release added that Scoon “called many weeks ago to ask a general question about the Public Health Regulations and party boats, and the AG specifically informed him to put his enquiries to the Minister of Health and/or Minister of Tourism, Culture and the Arts. The AG specifically cautioned Mr Scoon to ensure that whatever he does, he must strictly observe the law, as there are no exceptions. The AG gave NO legal advice to Mr Scoon whatsoever.”
Permits needed
Investigations by the Sunday Express also revealed that other permits/licences/permissions to host the event were not applied for by Scoon or anyone affiliated with the Ocean Pelican.
These include Environmental Management Authority (EMA) permission, Copyright Organisation of T&T (COTT), Fire Services, Health, County Medical Office, police and Town and Country approval.
Responding to questions posed by the Sunday Express on December 30, the Communications Department at the EMA said permits for “Noise Variations for events were suspended in March 2020 arising out of the Covid-19 pandemic and its related restrictions. The suspension of Noise Variations remains in effect. Notwithstanding enquiries from boat operators in the past, the EMA has not granted Noise Variations for events conducted on vessels.”
No application was made to the County Medical Officer (CMO) in St George West.
The Sunday Express understands Scoon needed to make an application through the CMO, and a site visit and recommendation would have been made.
Part of the visit would have been to note the structural modifications made to the party craft to convert into a restaurant setting.
The application is then forwarded to the Magistrates’ Court (Port of Spain in this instance) for approval before a Licensing Committee.
In order to operate as a “floating” restaurant, Scoon had to register with the CMO for a certificate of registration as a restaurant.
There were no applications to the TTPS, Fire Service, Town and Country Division, COTT and Health Ministry for approvals for the event hosted on Scoon’s vessel.
The police probe
Police are conducting a criminal probe into how about 100 patrons were able to assemble on board the Ocean Pelican on Boxing Day as a floating restaurant.
Detectives from the Professional Standards Bureau (PSB) have also launched an investigation into reports that several officers attached to the Carenage Police Station were at the boat party moonlighting as security.
Police reports state Western Division officers received several calls from concerned people and officials at the Chaguaramas Development Authority (CDA) on Boxing Day reporting that a boat party was taking place.
When officers arrived in the vicinity of the Anchorage in Chaguaramas, several party attendees started running, police said.
Recent amendments to the Covid-19 Health Regulations allow in-house dining once a safe zone is in effect.
Diners are also to show proof of their full vaccination status and the venue must have safe zone signage.
Accordingly, the station diary entry states that checks were made “for postings of signage on the vessel that adhere to Covid-19 Regulations signage, however, the only signs observed were a few ‘Stand here’ ones placed on the floor of the vessel.
Contacted on December 27 via WhatsApp at 1.09 p.m., AG Al-Rawi was asked to respond to the following questions:
1) Did you communicate with either ag Commissioner of Police Jacob and/or Ag Deputy Commissioner of Police Erla Christopher yesterday in relation to a leisure vessel “MV Ocean Pelican”? If yes, what was the nature of such discussion?
2) Did you communicate with Mr Adrian Scoon yesterday (Boxing Day) in relation to an event on board the MV Ocean Pelican?
If yes, what was the nature of such discussion?
3) Did you communicate with ANY police officer from the Western Division yesterday in relation to the vessel MV Ocean Pelican and any of its occupants? If yes, what was the nature of such discussion?
At 1.20 p.m., Al-Rawi responded: “I thank you for your questions which from media reports I understand to be the subject of an ongoing police investigation which is entirely outside of my remit as Attorney General. In all the circumstances I am unable to assist you in anyway.”
