(Trinidad Express) The scuttled case against attorneys Anand Ramlogan SC and Gerald Ramdeen has been described as the “biggest scandal in our 60 years as an independent nation” by Chaguanas West Member of Parliament Dinesh Rambally.
Speaking at the United National Congress’ (UNC) weekly Sunday news conference, Rambally referred to the offer of indemnity to State witness Vincent Nelson in the criminal case as indicative of “malice” on the part of the Government, adding that an overstep in power by then-attorney general Faris Al-Rawi had caused the case to collapse.
“The action of Al-Rawi at that time may not only have contaminated the evidence in the case in the substantive criminal proceeding, but also exposed the malice on their part in terms of how they were treating criminal proceedings which, again I must emphasise, they had no lawful authority to involve themselves in,” he said.
Last Monday, the Director of Public Prosecutions (DPP) discontinued criminal charges against Ramlogan and Ramdeen, citing Nelson’s refusal to give evidence until his civil claim against the Attorney General has been completed.
Ramlogan and Ramdeen had been charged with offences stemming from an alleged legal fees kickback scheme in which Nelson allegedly returned to Ramlogan via Ramdeen percentages of funds paid to him to represent the State in a number of matters.
In 2017, Al-Rawi as Attorney General entered into an indemnity agreement with Nelson to secure him as a witness in the matter.
In his civil claim, Nelson stated that the indemnity agreement included the promise that he would not be prosecuted, his legal expenses would be covered by the State, and that a presidential pardon would be issued to him.
Nelson has since taken legal action against the Attorney General for breach of the indemnity agreement.
Rambally stated that Al-Rawi’s action was one of “executive unlawfulness” being used by the People’s National Movement (PNM) to silence its political opponents.
He said that DPP Roger Gaspard denied knowledge of the pre-agreement between Nelson and the then-attorney general, adding that he (Gaspard) was not privy to discussions prior to the criminal investigation.
This, said Rambally, was an indication of PNM’s interference with independent office holders.
Addressing the alleged promise by Al-Rawi of a presidential pardon to Nelson, Rambally said the Government was doing all in its power to persecute Ramlogan and Ramdeen.
“The money is not enough, the indemnity is not enough, paying for lawyers is not enough, refusing to share information to other authorities in other jurisdictions regardless of whether or not Nelson was in breach of their law. Now they are trespassing on presidential functions to provide a pardon for him,” he said.
Also speaking at the UNC news conference, attorney Sean Sobers questioned Al-Rawi’s use of his powers as Attorney General, stating that all criminal investigations fall solely within the remit of the office of the DPP.
Citing the Constitution, section 76 2 (a), Sobers said Al-Rawi had overstepped his power.
“He made heavy weather about his position as attorney general and the fact that he did not cross any lines and as it pertains to criminal prosecutions that he appreciates it falls within the remit of the DPP and as Attorney General he had certain powers, and he did what he was supposed to do.
“…All criminal proceedings have to be under the remit of the DPP. It is because we are a democracy, we are rooted and anchored in celebrating independence from tyrannical law. That is why our Constitution is framed in that particular way. As the saying goes, power corrupts, and absolute power corrupts absolutely. This is a clear example of overreach,” he said.
Sobers asked that Al-Rawi disclose the source of the information on criminal activity provided to him and why such information was not immediately turned over to the DPP.
At a news conference last week, Al-Rawi denied that he had orchestrated the indemnity arrangement, stating: “I did not advise myself.”
He said he was advised by senior counsel Douglas Mendes and Gilbert Peterson.
