Nelson vs State for breach of indemnity –Al-Rawi, Kawalsingh texts revealed

FORMER attorney general Faris Al-Rawi gave assurances that Vincent Nelson, KC, would not be prosecuted in the United Kingdom for crimes arising out of the alleged kickback conspiracy.

In a series of text messages with his former attorney Roger Kawalsingh, in October 2018, Nelson said he was concerned that the statement he gave, implicating former AG Anand Ramlogan, SC, and ex-UNC senator Gerald Ramdeen, was disclosed to the UK's National Crime Agency (NCA), which is responsible for investigating serious and organised crime.

The NCA had written to Nelson on October 5, 2018, informing him they were in possession of a statement he provided to the TT Government. At the time, the NCA told Nelson he was the subject of a criminal investigation pursuant to the UK Bribery Act, which provided jurisdiction to prosecute a British citizen anywhere in the world.

Nelson’s concern was that the only persons in possession of that statement were himself and Al-Rawi.

Text messages between Al-Rawi and Kawalsingh revealed that the former had said the statement was provided to the UK authorities by Minister Stuart Young, whom Al-Rawi had said to police, was tasked with getting evidence against attorneys named in Nelson's statement.

There were three series of text messages and in the third, Al-Rawi sought to reassure Kawalsingh, telling him Nelson was a whistleblower for the State and a beneficiary of an AG’s indemnity.

AL-RAWI'S

MESSAGE

On October 5, 2018, Al-Rawi wrote:

“Roger I can confirm that Mr Nelson QC as a whistleblower for the state (sic) is the beneficiary of the AG’s indemnity – the NCA is aware of the actual targets in the persons of Ramlogan and Ramdeen and the other English attorneys identified including …(names called) etc.

"The purpose of the NCA investigation is the (sic) secure the evidence on the other targets by confirming what has been provided already. We shall confirm Mr Nelson’s cooperation as a whistleblower,owner…our indemnity is obviously to be honored in full. It is key that the case is advanced with immediacy.”

The two then discussed payment of legal fees which Al-Rawi said was covered by the indemnity agreement.

On October 29, 2018, Al-Rawi said he met with the NCA in person to let them know TT’s only targets were “the lawyers Ramlogan and Ramdeen” and the UK lawyers named.

In that message, Al-Rawi tells Kawalsingh and got them to know Nelson was a whistleblower without whom TT could not succeed. He again gave assurances that they had the indemnity they could rely on.

Nelson was interviewed by the NCA on December 7, 2018, and was indefinitely suspended from the esteemed 39 Essex Street Chambers.

Nelson complained that his statement was disclosed to the Director of Public Prosecutions in January 2019, 13 months after Al-Rawi received it and only after taking a decision to make representations to the NCA to cede its investigations to the State of TT, pursuant to the Mutual Legal Assistance Treaty between this country and the UK.

At a meeting with Kawalsingh, the former AG showed him a letter from the NCA which acknowledged ceding the criminal investigation to TT.

AL-RAWI BLAMES YOUNG

There were also text messages Nelson sent to his attorney in 2017, which state he was willing to help in anyway he can, but it must not “result in any blow back against him in the UK.”

It also suggested he did not agree to give evidence at a trial of anyone named in his statement. Al-Rawi also allegedly told Nelson that his statement had been “wrongly disclosed” to the NCA by Young. Both Young and Nelson met on a British Airways flight from TT to London Gatwick in March 2020.

Nelson said Young came to his seat to converse.

After Young was told that it was Al-Rawi who said that Young had disclosed the statement, the latter replied that as a lawyer, “he wouldn’t be so stupid,” because he knew it would be a breach of the agreement.

Nelson said he was assured he would not be prosecuted. He said because of the wrongful disclosure to the NCA, he had to co-operate and face possible prosecution and jail in the UK, or be extradited to TT, both of which would destroy his professional career.

Nelson travelled to TT on April 29, 2019 to surrender to the Anti-Corruption Investigations Bureau (ACIB) and a plea bargain was reached with the DPP, not to recommend a prison term or have his assets confiscated if he gave evidence against Ramlogan and Ramdeen.

Immediately after pleading guilty, Nelson was permanently excluded from the Essex Street Chambers.

He was fined $2.25 million in March 2020 and one month later, was told he was under civil investigation in the UK for alleged underpayment of taxes. He is claiming £12.1 million from the TT Government for alleged breach of the indemnity agreement.

I MUST PROTECT ME

Nelson said because of his conviction, he cannot practise law and as a “black lawyer,” it would be inconceivable that any chambers in the UK would admit him as a member.

Before he entered his guilty plea, in May 2019, he said Al-Rawi accepted liability under the agreement and discussions were being had about an agreement for “repayment.”

Kawalsingh told Nelson he was expected to meet Al-Rawi on April 11, 2019 to draft the agreement. On April 12, Nelson said they (Kawalsingh and Al-Rawi) spoke and “we are looking at an out 2.6 to 2.8… He has to get advice from his attorneys before we firm it up.”

Nelson told Kawalsingh, with no written agreement and unless he got a clear undertaking to abide by the indemnity agreement and pay him for his lost years, he was willing to take his chances with the NCA and come “out of prison with enough under the indemnity to last me.”

“Apologies for being difficult but I need to protect myself.”

On May 20, 2019, he was told by his attorney “there is a commitment to pay. What we are trying to do is figure the best mechanism.”

In his claim, Nelson is seeking £12,163,460 in damages for breach of indemnity because he can no longer work as a tax attorney in the UK. He is also claiming the State should indemnify him for the $2.25 million fine ordered by the High Court when he was sentenced in March 2020.

He also wants compensation for loss of insurance coverage because he was removed from Essex Chambers and for whatever claim the NCA may make for unpaid taxes associated with the fallout from the breach of the 2017 indemnity agreement.

In response to his claims, the State is now saying the agreement cannot be enforced as it runs contrary to public policy.