(Trinidad Express) Attorney General Reginald Armour SC says he is stunned and surprised by the decision of Director of Public Prosecutions (DPP) Roger Gaspard SC to discontinue criminal charges against former attorney general Anand Ramlogan and attorney Gerald Ramdeen.
The latest development was made even more “stunning” given that the DPP indicated in court that the decision was taken based on the refusal of British King’s Counsel Vincent Nelson to testify against the two at this time.
“The discontinuance is also surprising having regard to the fact that Nelson entered into a plea agreement with the DPP to give evidence against Ramlogan and Ramdeen in exchange for a recommendation by the Director (DPP) to the High Court that Nelson be given a non-custodial sentence,” the AG stated in a media release yesterday evening.
Earlier yesterday, Gaspard announced during a virtual hearing before Chief Magistrate Maria Busby-Earle-Caddle that his Office had decided to discontinue the criminal charges following “anxious consideration to this matter and the proper way forward”.
The reason for the discontinuance was the unwillingness of the State’s main witness, King’s Counsel Vincent Nelson, to testify against the two at this time.
Nelson has however not altogether refused to testify, said Gaspard, but indicated he would only be doing so following the conclusion of a related civil claim he currently has filed against the Office of the Attorney General.
“The State has gathered all of its evidence in this case and this case depends to a very, very, large extent on the evidence of one Vincent Nelson.
“I am informed by Mr Nelson through his London attorneys that while indicating his willingness to give evidence in this matter he has categorically stated he is not willing to do so until the conclusion of a related civil claim case he has against the Attorney General of Trinidad and Tobago,” the DPP said.
In that claim, Nelson is seeking to have the High Court award him millions of dollars in damages for breach of an indemnity agreement by Government that was signed between him and the then-attorney general Faris Al-Rawi.
Option to reinstate charges
However, while the charges have been discontinued, the DPP pointed out his office was retaining its option to review the case when the civil proceedings have concluded and that charges may be reinstated.
“Suffice it to say, as this court will be well aware that the primary factor that the State must consider is whether there is a fair prospect of conviction and at this stage, having regard that those civil proceedings, it may raise germane issues which may attend upon the credibility and reliability of Mr Nelson. The State at this stage is saying that we are discontinuing the case against the defendants,” said Gaspard.
In Nelson’s claim against the AG’s Office he is alleging that the indemnity had been given to him in return for him to provide a statement against Ramlogan and Ramdeen, but that the agreement was later breached by the State.
Gaspard said the State currently has no power to compel Nelson to give evidence or extradite or use provisions of the Mutual Agreement Assistance Act with the UK to secure his attendance to testify.
“The State has considered whether it could have applied to have his evidence read but the State does not consider it appropriate or fair to do so. The State is of the view it would be unfair to leave this case against these defendants in limbo pending the outcome of the civil claim when there is no date for its conclusion,” he said.
Public confidence
Following the announcement by Gaspard, he was commended by the Chief Magistrate for being “an honourable gentleman, a true prosecutor and minister of justice.
“This type of conduct augurs well for public confidence in the justice system and I thank you,” said the magistrate.
Senior Counsel Pamela Elder, who led the case alongside attorney Russell Warner for Ramlogan, also commended Gaspard for his integrity as a minister of justice.
Elder went on to comment that Gaspard was constrained to adopt the position that he did due to Al-Rawi’s actions in granting an indemnity to Nelson and not considering the consequences of such actions.
The attorney said, following the indemnity agreement, the Office of the Attorney General paid millions of taxpayers’ dollars to Nelson and his attorneys and even paid to represent Nelson at the plea bargaining.
“I have never heard of millions of taxpayers’ dollars being spent to represent an accomplice at a plea hearing and plea negotiations,” she said.
And after all of this, Nelson is now seeking millions and millions more from the State for the alleged breach of the indemnity agreement.
“What has happened here is frightening. It is frightening to see how State resources were used for the prosecution of my client,” she said.
Attorney Wayne Sturge, who led the case on behalf of Ramdeen together with attorneys Mario Merritt, Alexia Romero and Karunaa Bisramsingh, said he wanted to “salute” Gaspard for his conduct in the case.
“If I may add, it is extremely frightening to see a politician arrogate unto himself powers that any first-year law student would know belongs exclusively to the Director of Public Prosecutions.
“All I can add at this stage is that Mr Merritt was waiting with bated breath to cross-examine Mr Nelson and I was waiting with bated breath to eat Mr Al-Rawi raw. Regrettably, we will not have that opportunity,” said Sturge.
Background
In May 2019, Ramlogan and Ramdeen were charged with conspiring with Nelson for Ramlogan to misbehave in public office as attorney general by accepting money from Nelson as a reward for giving him State briefs.
It was further alleged that they conspired for Ramdeen to receive, conceal and transfer criminal property which represented corrupt rewards given to him by Nelson for the State briefs.
The third allegation against the two was that they conspired for Nelson to give ten per cent of the legal fees to Ramlogan as a “gift” or “reward” for being granted the briefs.
In 2020, Nelson pleaded guilty before then-High Court judge Malcolm Holdip for his role in the alleged scheme. He was ordered by the judge to pay $2.25 million restitution as part of a plea-bargain arrangement with the State. As part of the deal, he agreed to turn State witness and testify against Ramlogan and Ramdeen.