Kamla: Faris overstepped, polluted the justice system

OPPOSITION Leader Kamla Persad-Bissessar on Tuesday accused former attorney general Faris Al-Rawi of polluting and contaminating the stream of criminal justice and renewed a call for him to be fired or resign.

The latest call comes after the collapse of criminal charges against former attorney general Anand Ramlogan and ex-UNC senator Gerald Ramdeen, who were accused of collecting kickbacks from Jamaican-born King’s Counsel Vincent Nelson.

The case collapsed after Nelson, who was the main witness, refused to testify against the men until the conclusion of a civil claim for breach of an indemnity by the State. In 2020, Nelson was fined $2.25 million for his role in the alleged kickback scam. He is arguing that his indemnity exempted him from civil and criminal proceedings.

Speaking at a media conference at the Opposition’s Charles Street, Port of Spain office on Tuesday, Persad-Bissessar said Nelson is suing the State for over $100 million for breach of an agreement signed between him and Al-Rawi.

“This could hardly have been authorised by a sole minister. This cannot be just the attorney general on his own going off on a frolic...” She again questioned whether the Cabinet was aware of the indemnity agreement.

She said the indemnity is not only “madness” but Al-Rawi lacked the legal authority to promise such things as it lies solely with the Director of the Public Prosecutions (DPP).

She said if the Cabinet had approved the indemnity deal, “then the government lost all legitimacy and authority to remain in office.”

She questioned whether the Al-Rawi breached the separation of powers between the Government and the legislature. She described the interactions between Al-Rawi and Nelson as a “sweetheart deal” in the former’s “vulgar quest for political prosecution” against the men, both of whom are members of the UNC.

She called on Al-Rawi to disclose when Nelson filed his lawsuit and questioned why it was hidden from the State. She said the lawsuit ought to have been disclosed to Ramlogan, Ramdeen and the DPP given the implications.

Apart from the indemnity, Persad-Bissessar claimed Al-Rawi paid Nelson’s attorneys Roger Kawalsingh, Mr Tom Allen KC and BCL Solicitor close to $9 million while the State was prosecuting him.

She said between 2019 and 2022, while Ramlogan and Ramdeen were before the courts, Kawalsingh received state briefs amounting to some $13 million.

The Opposition Leader questioned the relationship between Kawalsingh and Al-Rawi as she called for the reopening of the investigation into Al-Rawi selling Kawalsingh his Porsche Cayenne in 2016.

She added that in his lawsuit, Nelson claimed that he had text messages and e-mails between him and Al-Rawi after the indemnity was signed, confirming that it will be upheld.

Persad-Bissessar provided a copy of the indemnity, signed in 2017, that promised that it will not be made public, be debated in Parliament or Nelson will be identified.

It also promised against any form of redress, both criminal and civil, by the State will not be pursued.

She said this was not a “get Faris campaign,” adding that she was standing for the people of the country.

“I have no interest to get Faris. Where there is wrongdoing I will expose it. That is my job as leader of the Opposition.”

She called on Al-Rawi to resign or for the Prime Minister to fire him.