[UPDATED] DPP asked to censor Al-Rawi, Young

DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, is being asked to censor Attorney General Faris Al-Rawi and National Security Minister Stuart Young from making prejudicial statements about the bribery and corruption case against former UNC senator Gerald Ramdeen.

Ramdeen’s attorney Mario Merritt yesterday asked the DPP to put out a statement advising government officials not to make public statements about the case.

He singled out Al-Rawi and Young, both of whom, he said, made comments about the case that they ought not to have made.

Merritt said he was concerned, and raised it before Chief Magistrate Maria Busby Earle-Caddle when Ramdeen and former attorney general Anand Ramlogan reappeared in the Port of Spain Magistrates’ Court on charges relating to an alleged conspiracy to financially reward themselves with fees from legal briefs from the State.

Gaspard told Merritt to put his concerns in writing and identify exactly what was “proving meddlesome to him” regarding the alleged public utterances of the two men.

Merritt said he would do so.

Earlier, at the start of yesterday’s status hearing, Gaspard apologised to the chief magistrate for his office’s inability to file and serve the statements of the prosecution’s witnesses. He admitted to being embarrassed by the situation, but explained that the police file on the investigations had not yet reached his office, so he was unable to file and serve the statements. Gaspard said he had, however, received certain assurances from the police.

He also explained that the prosecution’s main witness, Vincent Nelson, QC, recently had surgery in the UK and that caused some problems for the police in getting his statement.

Asked by Earle-Caddle about the other 11 or so witnesses – Gaspard had previously said the State had approximately 12 witnesses – the DPP said because their statements hinged on communication with Nelson, the prosecution was not able to have them prepared either.
Gaspard asked for a month to be able to file and serve the statements and was given until July 29 to do so, with a warning by the chief magistrate that if that was not done in time, those witnesses would have to give viva voce evidence. That means the witnesses whose statements were not sworn to in time would have to give evidence in person in court.

When Ramdeen and Ramlogan first appeared in court in May, Gaspard said the prosecution intended to progress the case by way of paper committal.

Ramlogan’s attorney Pamela Elder, SC, asked for a month after the statements were filed and served to be able to file her team’s evidential objections, saying it would be difficult to do anything without disclosure.

Earle-Caddle warned both sides to adhere to the court’s directions and adjourned the matter to September 27, when she would set trial dates.

However, she told both Ramdeen and Ramlogan she would be doing so with a caveat, as there might not be a preliminary inquiry (PI), since there was legislation to be proclaimed which sought to abolish PIs, and that would depend on the position of both sides.

Ramdeen and Ramlogan are charged with conspiring with Nelson to misbehave in public office, to engage in money laundering and to bribe on various dates between October 1, 2010 and September 9, 2015.

Ramlogan is on $1.2 million bail and Ramdeen on $1.5 million.

When they made their first appearance in the magistrates’ court, Elder asked for disclosure and a quick start to the case in light of information that Nelson was ailing. According to his attorneys, he is in remission from prostate cancer but regularly needs access to his doctors in the US and the UK.

On June 6, Nelson pleaded guilty to his role in the alleged conspiracy. Nelson, who was indicted on three counts of conspiring to commit money laundering, misbehaviour in public office and conspiracy to commit an act of corruption, agreed to a plea deal and Justice Malcolm Holdip, who is to sentence him in January, accepted the plea agreement in accordance with section 26 of the Criminal Procedure (Plea Discussion and Plea Agreement) Act.

Nelson lives in the UK, and was granted permission to leave TT and return for the hearing of his case. He is on $100,000 cash bail.

This story was originally published with the title "Ramdeen's lawyer complains of prejudicial statements by ministers" and has been adjusted to include additional details. See original post below.

ATTORNEYS for former UNC senator Gerald Ramdeen are concerned about statements made by government officials, in particular the Attorney General and the Minister of National Security, about his client’s case.

Attorney Mario Merritt raised the concerns when Ramdeen and former attorney general Anand Ramlogan reappeared before the Chief Magistrate in the Port of Spain Magistrates’ Court this morning on charges relating to an alleged conspiracy to financially reward themselves with fees from legal briefs from the State.

Merritt told Chief Magistrate Maria Busby Earle-Caddle he had a concern and asked for the Director of Public Prosecutions to put out a statement warning government officials against making prejudicial comments on the matter before the court.

Asked for particulars, Merritt singled out AG Faris Al-Rawi and National Security Minister Stuart Young, who he said made comments that ought not to have been made.

He did not say exactly what those statements were, but DPP Roger Gaspard,SC, advised him to put his concerns in writing and give particulars of the exact public utterances made by the two men.

Merritt assured he will do so.

Ramlogan and Ramdeen will return to court on September 27, when trial dates will be set.

Both men are charged with conspiring with Jamaica-born Queen’s Counsel Vincent Nelson to misbehave in public office, conspiring to engage in money laundering and conspiring to bribe on various dates between October 1, 2010 to September 9, 2015.

Ramlogan is on $1.2 million bail and Ramdeen is on $1.5 million.

Nelson has pleaded guilty to three similar charges and is expected to be sentenced in January.