Lawyer: Don't blame AG, blame State attorneys

AT LEAST one attorney is defending Attorney General Reginald Armour, SC, and his predecessor Faris Al-Rawi, saying neither can be expected to micro-manage departments that fall under the AG's Ministry.

The lawyer, Anthony Manwah, is also calling for sanctions on State attorneys who “failed spectacularly in performing their duties,” referring to the State's failure to defend the malicious prosecution lawsuit by the nine men acquitted of the murder of businesswoman Vindra Naipaul-Coolman.

In a letter to the editor, Manwah said although the Chief State Solicitor and Solicitor General departments fall under the purview of the AG, “they were not micro-managed by him.”

Manwah, who last year called for sanctions for judges tardy in giving reasons for their decisions, said the AG, present and former, “cannot be responsible for the failure of the departments to do what was required of them.”

“From what is currently in the public domain, it is clear the lawyers there failed spectacularly in performing their duties at all or at the minimum standard.

“They failed to represent the interest of their client, that is, the Attorney General and their actions or inactions may also amount to a breach of terms of their employment.”

Manwah said a lawyer’s oath is to practise law to the best of their knowledge and ability.

“Is this the best of their knowledge and ability? Is this the best they can do? If so, then heaven help the State.”

He a code of ethics called on attorneys to act in the best interest of their client, represent them competently, and zealously to obtain the benefit of any and every remedy and defence.

“The interest of the client and exigencies of the administration of justice should always be the first concern of a lawyer. A lawyer must not act with inexcusable or undue delay, negligence or neglect. Did these lawyers act like this? Did they breach the code of ethics,” Manwah asked.

Manwah said the débâcle gave AG Armour the right to sue for negligence and claim the $20 million – the State was ordered to pay the nine ex-murder accused – from the errant State attorneys, as damages.

“Why must public funds be wasted here? It may also give their employer the right to sue for this breach, bring disciplinary charges against them and also the right to terminate their employment.

“I suggest that such actions be taken against them. Their conduct is detrimental to the profession and tend to discredit it," Manwah said.

On February 1, two days after High Court Master Martha Alexander awarded the nine men, Armour announced that the Naipaul-Coolman case file had gone missing on June 23, 2020, a day after it was served on the State.

The malicious prosecution case was filed on May 29, 2020, by the men’s attorneys. On Monday, the lead investigator to probe the circumstances behind the missing file, retired Appeal Court judge Stanley John, announced the file had been found.

He said the Attorney General’s Secretariat, which was established by Al-Rawi to manage litigation against the State, was not informed of the case as required and only learned of it after reports of the compensation ordered for the men by High Court Master Martha Alexander on January 30.

It was later revealed by him, on February 3, that the State did not put in an appearance for the malicious prosecution claim which led to Justice Joan Charles granting judgment in default because of the failure to defend it. Charle gave permission to enter default judgment on January 8, 2021, with the official order being made by the registrar on February 9, 2021. The State participated in the assessment stage before Alexander in November 2021.

Armour said he acknowledged the “grievous development which, in my view, needs to be addressed frontally and for which there needs to be full accountability and transparency,”

Armour did admit that failure by attorneys for the State to abide by the memorandum issued in 2018 by Al-Rawi carried with it disciplinary sanctions, at the time, he said he did not want to say anything that could be an indictment on anyone.