AG: Some lawyers may be trying to get rich off State

File photo: Faris Al-Rawi
File photo: Faris Al-Rawi

ATTORNEY General Faris Al-Rawi said there is a "worrying trend" in Trinidad and Tobago where some attorneys could be trying to enrich themselves, through involvement in legal matters concerning illegal migrants and covid19. Al-Rawi made this observation in the House of Representatives on Friday as he made a statement about ongoing corruption matters and legal fees.

Referring to TT's ongoing efforts to combat the collaboration between local criminal gangs and their South American counterparts, Al-Rawi said, "These gangs engage in joint activities dealing with trafficking in persons particularly women and children, arms and ammunition and large quantities of drugs."

He added, "More recently these gangs have taken advantage of the covid19 pandemic to organise a thriving trade in the trafficking of people under the pretext of these persons being refugees rather than economic migrants."

Al-Rawi said people who engage in this activity "are well organised and are able to mobilise safe houses, transport, and documentation purportedly issued under UNHCR (United Nations High Commission for Refugees) as well as migrant certificates."

He continued, "All of this is well supported by a few attorneys in this country who inundate the courts with repeated applications and who appear to be in close communication with these persons who are engaged in trafficking."

Al-Rawi said there is "a concerted and sustained effort by a small group of attorneys including but not limited to attorneys who previously held public office as well as persons who share (law) chambers." He said these people individually and collectively have flooded his ministry with "freedom of information requests regarding opinions, invoices and other documentation which are clearly covered by legal professional privilege.

"In many instances, they are involved in litigation which can benefit from certain privileged diclosures."

Al-Rawi said, "The requests are usually followed up by constitutional motions and judicial reviews in which the State is required to expend monies to defend the public interest."

He said this same group of attorneys "also use a small group of clients who are in remand or a guardian or next of kin of children who are in the care of the State to litigate matters that are totally unconnected with their care orders.

"While these actions may seem to be harmless, all have significant legal and financial exposure for the taxpayer."

He said his ministry's external lawyers have expressed concern to him that "some of these litigants might be used as convenient vehicles and do not appreciate the full purport of having their names as claimants in matters.

"These are usually people of 'straw' against whom an order for cost would yield nothing to the state but a successful application on a minor point would yield a windfall for the attorneys who mine in these waters."

He said, "These ventures are done so as to weaponise the courts in what could only be a business venture rather the stated vindication of rights."

He rejected UNC MP Rodney Charles' claim that Al-Rawi's wife's law firm was included in this group of lawyers.

"Not one black, red, white or fictious cent."

Al-Rawi said that claim was nothing but a blatant untruth being perpetuated by wicked and nefarious people.

He said all the matters he referred to "have resulted in significant monies being expended by the State to defend the taxpayers and to ensure that excessive orders for damages and costs are not made against the public purse."

Al-Rawi said the cost to taxpayers for covid19-related litigation from last March to now stood at $14,620,340. Al-Rawi also updated the House on investigations into some corruption matters.

He said there is an ongoing investigation between the Anti-Corruption Bureau and Dutch prosecuting authorities into a suspicion of bribery by the Damen Shipyard Group for the construction of 12 vessels for the Coast Guard, under the former UNC-led People's Partnership (PP) coalition government. Al-Rawi said on March 16 2015, while the PP was in office, the Coast Guard contracted with Damen to build these 12 vessels for $1,368,296,081.47. In 2016, Al-Rawi said the agent then sent to Damen, 13 invoices on this project amounting to $177,801,185.73.

"During an audit of Damen in 2015, Ernst & Young discovered discrepancies regarding these foreign agent contracts. This contract was terminated by Damen."

Al Rawi said Government has a civil claim for damages of $270 million in Florida against several people and corporate entities for racketeering, bid rigging, bribing public officials, wire fraud and money laundering in which there is a claim for damages for $270,000,000.

He said the claim was not properly advanced by the PP "primarily because the then attorney general provided only sporadic instructions to the attorneys for the State namely, Sequor Law PA"

He said the matter is now listed for trial in the US and could be "the oldest matter in the docket of the US Court."

He identified the Lifesport and Prisongate scandals as some of the other ongoing corruption matters which are being pursued.

Al-Rawi reiterated that his ministry's expenditure over the last six years was $2.129 billion, compared to the $4.585 billion spent under the PP from 2010 to 2015. He said this was a savings of $2.456 billion.

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