UNC slams silk for President's relatives

THE Opposition UNC on Monday slammed the elevation of attorneys Kerwyn Garcia and Colin Kangaloo to the rank of senior counsel.

This process is also known as awarding silk.

Garcia and Kangaloo are the husband and brother respectively of President Christine Kangaloo. She was sworn into office on March 20.

The two were among 17 attorneys who received silk at a ceremony at the Office of the President, St Ann's earlier in the day.

Oropouche East MP and UNC deputy political leader Dr Roodal Moonilal said, "We warned this country that the appointment of a sitting politician and PNM party demagogue was inimical to our national interest.

"They did exactly what we thought they will do without hesitation."

Moonilal promised to say more at a UNC public meeting on Monday night.

Opposition Senator Jearlean John, another UNC deputy leader, said the conferral of silk on Garcia and Kangaloo was different from UNC political leader Kamla Persad-Bissessar and former attorney general Anand Ramlogan receiving silk.

Persad-Bissessar and Ramlogan were granted silk in December 2011 by then president George Maxwell Richards (now deceased) while the UNC-led People's Partnership coalition government was in power. They were prime minister and attorney general at that time.

John said Persad-Bissessar was eminently qualified to be made silk.

"One will recall that as a recipient she graduated top of her class at law school."

John said Persad-Bissessar achieved many firsts in her career in public life, such as being TT's first female attorney general (briefly in 1995), prime minister and opposition leader.

As prime minister, she continued, Persad-Bissessar was instrumental in creating, amending and modernising TT laws for the first time in 28 years.

"Kamla Persad-Bissessar chose to use her legal abilities to serve the public interest rather than gorge on state briefs or large fees in private practice."

Against this background, John said, Persad-Bissessar "can never be accused of chasing financial gain, but instead fought for the citizens."

She added that those attorneys who followed Persad-Bissessar's example "are not eligible for consideration."

The process of appointing senior counsel was considered in separate reports by the Law Reform Commission (LRC) and the Law Association (LATT).

In its May 2012 report, the LRC said since TT became a republic in 1976, the names of applicants recommended to be senior counsel have been sent to the prime minister.

"Cabinet is not involved in the process."

The prime minister then advises the president of the selected applicants and the president makes the formal appointments.

The LRC recommended the appointment of a seven-member independent panel to recommend attorneys to be made silk and the president makes the formal appointments. The Chief Justice would chair the panel and the Attorney General would be a member.

The LRC said the inclusion of the AG on the panel "would facilitate the submission of the recommendations to the Cabinet which in turn would request the President of the Republic to issue the warrants of appointment."

Some of the criteria to attain senior-counsel status are professional integrity, sound intellectual ability and a high-quality practice of at least 15 years' experience.

In its August 2015 report, LATT said, "It is objectionable in principle for the Executive or the head of the executive arm of Government, the Honourable Prime Minister, to play any role in the selection of attorneys at law who are to be appointed silk by His Excellency the President."

LATT urged, "This practice must be discontinued forthwith."

The association supported the LRC's recommendation of a panel chaired by the Chief Justice to recommend senior-counsel appointments to the President.

LATT also suggested retired judges should be considered for appointments as senior counsel.

The association's president at that time was Reginald Armour, SC, the incumbent AG.

In a signed statement published in the TT Gazette dated April 14, Armour invited attorneys who wanted to be considered for appointment as senior counsel to apply to the Ministry of the AG and Legal Affairs.

Outstanding ability as an advocate in the higher courts, professional eminence and distinction which establish them as leaders of their profession and total professional integrity were among the requirements applicants were expected to meet.