Nelson must pay fines by January 31 or face jail

JAMAICAN-born King’s Counsel Vincent Nelson now has until January 31, 2023, to pay the fines imposed as restitution for his role in the alleged legal-briefs kickback conspiracy involving former attorney general Anand Ramlogan and ex-UNC senator Gerald Ramdeen.

He benefited from a deferral of the payment of the fines because of the covid19 pandemic. All fines due and owing from March 16, 2020-December 31, 2022, are now payable on January 31, 2023, because of the latest deferral by the Judiciary on September 30.

Nelson was sentenced in March 2020 by Justice Malcolm Holdip and ordered to pay a total of $2.25 million in fines, nine months after he pleaded guilty to his role in the alleged conspiracy, which involved a series of financial transactions and alleged rewards involving legal fees paid to him for representation in state briefs.

In May 2019, Nelson, 62, a tax attorney who lives in the UK, was indicted on three charges of conspiring to commit money laundering, misbehaviour in public office and conspiracy to commit an act of corruption. The misbehaviour charge was discontinued in accordance with the plea deal he struck with the State in May last year.

For the conspiracy to commit an act of corruption he was fined $250,000 and was given two months, starting at the end of April, in which to pay or serve three years’ hard labour. On the money-laundering charge, he was fined $2 million, which is to be paid in ten instalments, or will serve five years’ hard labour. He was also put on a $250,000 bond for three years, as Holdip agreed to no jail time for him.

In June 2020, in response to questions from Newsday, the Judiciary referred to the emergency practice directions issued by the Chief Justice at the time. At the time, Director of Public Prosecutions Roger Gaspard, SC, confirmed that was the position.

Covid19 restrictions curtailed some of the operations of the court and emergency practice directions led to an extension for the payment of fines.

This meant those ordered to pay fines during the covid19 national shutdown had their due dates extended.

Newsday was told Nelson has not paid the fines nor a portion of them, nor has he filed an application to extend the time.

Since his first appearance in the TT court, Nelson had been put on bail and given permission to leave the country, returning for the hearing of his case after he expressed fears for his safety, and because of his health condition. This was part of the plea agreement.

After he was sentenced, the bond replaced the bail, but he still had to return to TT to testify in the case against Ramlogan and Ramdeen, or he will be jailed for two years, which is the default punishment if he fails to adhere to the conditions of the bond.

If he fails to pay the fines, he will instead serve three years' hard labour for the conspiracy to commit an act of corruption and five years, which was the default sentence imposed for the money laundering charge.

Nelson, 64, is now suing the State for over $96 million for loss of earnings after being expelled from a prestigious UK firm; loss of insurance benefits; the $2.5 million fine he was ordered to pay when he pleaded guilty; and additional sums if the UK authorities make demands on him for alleged unpaid taxes.

On October 10, the DPP announced he was stopping the case against Ramlogan and Ramdeen because Nelson was unwilling to testify until his civil claim against the State came to an end.