Law Association under fire for silence on Nelson imbroglio

THE LAW Association (LATT) has come under heavy fire from the Criminal Bar Association (CBA) for its “deafening silence” on the imbroglio surrounding the recent collapse of the criminal prosecution involving former attorney general Anand Ramlogan, SC, and ex-UNC senator Gerald Ramdeen.

In a statement on Wednesday, signed by CBA president Israel Khan, SC, the association said it also noted the LATT’s “decided refusal” to act in accordance with its mandate under section 5 of the Legal Profession Act and its responsibility to citizens.

“The Criminal Bar Association hereby calls on the executive of the Law Association, in keeping with its mandate, to issue within a reasonable time, a comprehensive statement so that citizens may benefit from a proper framing of these legal issues.”

The CBA said LATT “can help shape the national discourse on this important issue.”

On Friday, LATT president, Sophia Chote, SC, told Newsday she could not speak on the issue without the input and agreement of the council.

“I have asked council to consider the matters relating to this issue. As you are aware, the president cannot speak without the input and agreement of council.”

Newsday was told the council is expected to meet on Thursday.

However, the CBA pointed out that in the past, LATT bravely spoke out on many issues, singling out its investigations into the conduct of Chief Justice Ivor Archie.

In its statement, the CBA said there were at least five issues of concern coming out of the collapse of the case against Ramlogan and Ramdeen.

It said they included the alleged conduct of former AG Faris Al-Rawi “in what appears to be a usurpation of the powers reserved to the Director of Public Prosecutions”; and the possible circumvention of the Plea Bargaining Act.

The CBA said also of concern was Al-Rawi’s alleged role “in entering into a clandestine agreement to indemnify a state witness from criminal, civil and regulatory proceedings” both within Trinidad and Tobago’s jurisdiction and elsewhere “with the use of taxpayers' money,” further exposing citizens to future liability for the payment of outstanding legal fees in exchange for convicted King’s Counsel Vincent Nelson’s testimony and paying exorbitant legal fees “for an accused accomplice to a criminal enterprise.”

The fourth issue raised by the CBA concerned the role of Nelson’s former attorney Roger Kawalsingh at the sentencing hearing and the payment of some $3.6 million to him for his representation during the plea agreement and sentencing hearings.

In a statement to police dated May 27, Al-Rawi gave an account of the payment of legal fees and disbursements for airfare and accommodation associated with the alleged agreement between Nelson and the Government to provide evidence of the alleged corrupt legal fees kickback scheme.

According to the information provided by Al-Rawi, as of July 2021, Nelson’s attorneys were paid a little over $8.4 million.

Kawalsingh was paid by cheque for invoices dated January 18, 2018 - September 28, 2020, totalling a little over $4.7 million. Nelson’s UK attorneys were paid for invoices dated October 31, 2018-July 27, 2021, totalling £376,890, by wire transfer. Payments to Kawalsingh began in January 2019 and ended on August 12, 2021, and disbursements to the UK attorneys began on August 30, 2019, and ended on August 4, 2021, according to the schedule.

Nelson has now sued the State for over $100 million for a breach of the indemnity agreement.

The CBA also said it wanted to outline the “seismic nature of the alleged conduct on the constitutionally protected office of the DPP” and the implications for citizens.

In announcing the decision to discontinue the corruption case, on October 10, DPP Roger Gaspard, SC, said Nelson was not willing to give evidence in that matter until his civil claim came to an end.