Vieira: 'I'm still independent – I did not beg or pay for silk'

INDEPENDENT Senator Anthony Vieira, SC, has lashed back at Opposition MP Dr Roodal Moonilal, who is questioning his impartiality now that he has been “gifted” silk as an attorney.

“Nothing changes. My impartiality and integrity are still intact,” Vieira told the Newsday in a phone interview. “I did not beg for this. I did not pay for this. I am not indebted to anybody. I simply applied. They could have said yea or nay.”

Lawyers awarded the status of senior counsel (the post-independence equivalent of a Queen's or now King's Counsel) are called "silk" because of the silk legal gowns they are entitled to wear.

Moonilal’s criticism on a United National Congress (UNC) platform at Fyzabad on Monday night, Vieira said, is unfortunate, as he favours neither the government or the opposition when it comes to his role and function in the Senate.

“When legislation comes before me, I look at the legislation critically. If the legislation is good, I support it. If the legislation is not so good, but it can be salvaged, my job is not to shoot it down. My job is to salvage it, as I have done in the past, during committee stages, offering suggestions for amendments.

“On the Independent bench we have been able to get some modification, and if we don’t get modification, we vote against the legislation.”

Being elevated to the status of senior counsel would not change that function, he said.

Addressing UNC supporters at Fyzabad on Monday night, Moonilal waded into the conferring of silk on 17 attorneys, who he alleged all had a relationship with the ruling People’s National Movement (PNM) government, including the Prime Minister’s personal attorney, Michael Quamina.

Moonilal also read out a list of exorbitant fees the new SCs would have received for briefs over the years under the PNM.

He criticised Monday’s distribution of instruments of appointment by President Christine Kangaloo to the attorneys, who included Vieira, her husband Kerwyn Garcia and her brother Colin Kangaloo.

Moonilal said as deserving as the recipients might be, the award of silk by Kangaloo gave rise to the perception of nepotism and favouritism. He said Vieira should consider resigning from the independent bench, as the “gift” could compromise his impartiality.

The uneasiness which has surrounded the award led the President to say she was not part of the process of choosing successful applicants for sesnior-counsel status.

She said the process begins with the Attorney General, as the titular head of the bar, inviting eligible attorneys to apply. Discussion and consultations follow between the AG and the Chief Justice before recommendations are made to the Prime Minister, and selections follow.

AG Reginald Armour said there have been requests for a change to the process. Former Senator Timothy Hamel-Smith has suggested the removal of the Prime Minister from the equation to reflect a more neutral process so as not to sully the accolade by suspicion that patronage plays a part in it.

Criminal Bar Association president Israel Khan, SC, has a pending constitutional lawsuit over the selection process, one which requires the exclusion of the PM. He wants an independent body chaired by the CJ and including senior judges to be the decision-making body.

Moonilal was critical of the fact that the awrds were made before that matter had its day in courtd.

Vieira, who has been practising law since 1983, was resolute in his own defence, saying his record speaks for itself.

“This is not a gift. This is hard-won, after many years toiling in the legal profession. I am regarded as an expert in the legal profession, at least in three areas – intellectual property, alternative dispute resolution and aviation law.”

In this regard, Vieira said he is at pains to understand why at such an auspicious moment, when he is being given professional recognition, “They are trying to pull me down.

“I not surprised that there are those who would cast a smear of ugliness across a moment of professional accomplishment and pride."

However, he said, “I will not be drawn into a defensive crouch or any caterwauling with the Opposition over specious claims and dysfunctional beliefs.

“As a member of a noble profession, it is a great honour to receive this appointment, which I accept with pride and humility.

“For me the law is about serving society, upholding, and ensuring justice. Taking silk will give me purpose and zeal to continue doing my best in the future, and that I can prove myself an asset to the legal profession, to the public, and to our beautiful country.

“As for independence, my decisions have always been and will remain driven by reason, ethics, and as dictated by my conscience.”

He recalled that he gave support to the last two petitions brought by Opposition Senator Wade Mark.

“I have supported them. I continue to support them. I continue to talk about the importance of the Opposition, but…” he said, without completing the sentence.

Independent, he said, means making his own decision, not being influenced by the President, Government, Opposition, or fellow Independents.

Complimenting Moonilal as a fellow lawyer and one who makes very good contributions both inside and outside the Parliament, Vieira warned him against the dangerous path “of pulling down something that is meant to lift the profession.”