A national shame

THE EDITOR: There comes a time in a nation’s history when its society must take stock.

The events of the past few weeks triggered by the DPP's discontinuation of the corruption case against Messrs Ramlogan and Ramdeen indicate that such a time has come for TT.

In analysing the circumstances which led to the DPP's action and ensuing events, it is important that one removes the partisan political blinkers and wear the impartial lens of justice, patriotism and righteousness.

Unfortunately, while the court has been denied the opportunity to rule on the innocence or guilt of the two, we can dispassionately and transparently examine the issues which have made a mockery of our justice system.

Issues which seek to undermine the integrity of so many of our so-called independent institutions and which are fundamental to preserving democratic principles.

The main issue in the fiasco involving Government and the judicial system is the very obscene manner of operations and the extremes to which individuals in senior office are prepared to go in order to satisfy their own selfish desires, without any consideration for public funds and public interest.

Former AG Al-Rawi proceeded to make a deal with co-accused Vincent Nelson, KC. Al-Rawi, on behalf of Government, signed an agreement with Nelson, promising him indemnity if he provided evidence against Ramlogan and Ramdeen by way of a notarised statement.

No disclosure was to be made to any authority outside Trinidad and Tobago and there was also an alleged promise of a presidential pardon.

The DPP, unaware of the secret deal, proceeded to make a legitimate plea-bargain arrangement with Nelson. According to that arrangement, Nelson, in return for turning state witness and giving evidence, would be given a non-custodial sentence.

Nelson therefore pleaded guilty to the corruption charges, was fined $2.5 million and was spared a jail term. As a result, he was permanently excluded from the prestigious Essex Court Chambers and was told by the UK’s National Crime Agency (NCA), the agency with which Stuart Young had shared the indemnity agreement, that he was under criminal investigation in the UK.

Nelson therefore proceeded to sue the state for £12,163,460 in damages for breach of the indemnity agreement. Nelson also took the position that he was withholding evidence until his civil lawsuit claim is determined.

Hence the DPP, acting on the basis of law, ethics and practicality, discontinued proceedings against Ramlogan and Ramdeen. The DPP stood firm on principle and for this he must be commended.

The bottom line is that the State’s case collapsed because the former AG overstepped his boundaries by inserting himself into the domain of the DPP.

The agreement also begs the serious question of an alarming conflict of interest.

In what may be an unprecedented arrangement, a former AG commits the state to pay all the legal costs and expenses incurred by Nelson, including the court-ordered $2.5 million fine.

With the case collapsing, those who oppose the PNM may be tempted to celebrate what may appear an embarrassing situation for government. However, the issue goes beyond the government and opposition. Sadly, it is the country’s reputation that is being tarnished and eroded. It is the poor taxpayer who must bear the burden of paying millions in this tale of bungling, incompetence and scandal.

Mr Al-Rawi must bear full responsibility for this debacle, notwithstanding his claim of having received advice from eminent senior counsel in Gilbert Peterson and Douglas Mendes. There is likely culpability of other government ministers.

It is the National Joint Action Committee's (NJAC) view that Al-Rawi should resign from the Cabinet, or failing this, be removed by the Prime Minister. In this way, we may be able to salvage some semblance of pride as a nation.

KWASI MUTEMA,

Leader, NJAC