Law Association to Cabinet: Don’t put us at risk

THE Law Association of Trinidad and Tobago (LATT) in a statement on Monday complained that recent government remarks speculating about links between local lawyers and illegal migrants from Venezuela could put individual lawyers at risk and taint the legal profession overall.

But in an immediate reply titled "Lawyers are not above the law," Minister of National Security Stuart Young said it is quite fair to ask how certain lawyers were getting access to illegal migrants entering the country.

LATT accused the Prime Minister and Young of derogatory remarks against members of the legal profession, apparently referring to last Wednesday's post-Cabinet briefing at the Diplomatic Centre, St Ann's.

The association said Young had warned about individuals who were allegedly guilty of aiding and abetting the illegal entry of Venezuelan migrants. LATT said Young had cited a statement made in court by an attorney representing migrants that he/she was aware his/her clients were at that time somewhere out at sea.

"It goes without saying that if that alone was evidence of aiding and abetting the commission of a crime, the particular lawyer concerned should have already been charged," LATT said. "But it is plain that the statement referred to by the minister is knowledge that the lawyer could easily have come by from the family or friends of the lawyer's clients or from the public domain without any involvement in human trafficking."

The association also chided Dr Rowley.

"Addressing the legal costs associated with defending legal claims made by migrants, the Honourable Prime Minister informed the public that whereas when the State wins a case in court it does not recover its legal costs against the unsuccessful litigant, when the State loses and is ordered to pay costs, he said, 'It is a bonanza for the lawyers who troll with the other bottom-feeders there.'"

LATT said presumably Rowley would not characterise as "bottom-feeders" the lawyers in his Cabinet, those who represent him in court, those who advise him, or those with whom he otherwise associates.

"The Law Association takes the view that lawyers pursuing their clients' interests and who pursue costs against the State where the State is adjudged by a court of law to have violated the law, are not only carrying out their bounden duty as attorneys at law and fulfilling the highest traditions of the profession, but are acting in the public's interest in upholding the rule of law and ensuring state accountability.

"While we accept that the Government of TT, like any other citizen, is free to criticise members of the legal profession where there is cause so to do, the danger is that the cumulative attacks by the government on lawyers representing vulnerable migrants and asylum seekers may put those lawyers at risk of defamatory or even physical retaliation by members of the public. We urge the Government to exercise restraint."

The association said it has long said that if an attorney has violated the law, it encourages the relevant state authority to take immediate and decisive action, but otherwise offered some advice.

"Unsubstantiated accusations of criminal activities and blanket character assassination by the holders of high office are not only unfair to the countless lawyers honestly and courageously carrying out their duties, but contributes to the de-legitimisation of a profession without which access to justice and the rule of law simply cannot survive."

Newsday was unable to contact Rowley for a reaction to criticism of his “bottom-feeder” remarks, but Young’s statement otherwise addressed the issues.

“Lawyers are not above question or the law. It is legitimate for anyone to ask how certain lawyers seem to have access to illegal immigrants without physically meeting with them to get instructions.

“The question arises: how are they getting instructions, and from whom?”

He made the point that the illegal migrants spoken of by LATT would have broken the laws of both Venezuela and TT, the borders of both of which were closed. Saying migrants lack permission to enter TT, Young said it is a criminal offence to enter TT's borders without the requisite authorisation.

“The question must be asked and should be answered: how are these lawyers communicating with persons illegally entering our country and is there facilitation of human smuggling and possibly human trafficking taking place?”

He said while the association may say "Let law enforcement look into the matter if laws are being broken," this does not prevent anyone from asking whether lawyers are aiding and abetting in criminal acts.

“I renew my question, as I witnessed what was being said by a certain lawyer: how did that lawyer know exactly where the illegal migrants were? And how was she able to say categorically that they were not in TT waters?”

Young asked if someone knew people were illegally attempting to enter the country's borders and they were facilitating this breach of TT's laws, wasn't that aiding and abetting human smuggling?

“I view these matters as very serious and as legitimate questions to be asked and I repeat that in my view, no one, not even the members of the Law Association, (is) above the law.”