[UPDATED] Hinds a no-show before Justice Rampersad –Judge: Dark cloud over Judiciary

HIGH Court Judge Devindra Rampersad on Wednesday chastised National Security Minister Fitzgerald Hinds for failing to appear in court to clarify his claim that criminals have friends in the Judiciary, saying that comment has left a dark cloud over the judiciary.

Rampersad invited Hinds to come before him and clarify a statement he made on state-owned television station TTT on May 1. Hinds, on May 6, when asked if he was accepting the invitation to attend court, said he was seeking legal advice. He was a no show on Wednesday at the court in Tower C, International Waterfront Centre, Port of Spain.

Hinds made the comment after Rampersad, on April 25, ruled in favour of arms dealer Brent Thomas and severely criticised the conduct of investigating officers of the Professional Standards Bureau.

He found that Thomas was "abducted" from Barbados and forcibly brought back to Trinidad to face charges. In the ruling, Rampersad permanently stayed seven criminal charges brought against Thomas.

On Wednesday, Rampersad appeared disappointed that Hinds had not accepted his invitation while admitting the minister was not obligated to do so.

Rampersad said while the judiciary is not immune to criticism, when that comes from one of its own, in a matter that is not yet completed, where it is said that “criminals have friends in the Judiciary,” the obvious intention was to do more than merely criticise the Judiciary, but to go further.

A DAMNING STATEMENT

He said Hinds' comment suggests that, in some way, illegality was influencing the decisions of judges, masters and magistrates, thereby jeopardising the Judiciary as a whole.

“This statement challenges the independence of the Judiciary and suggests that the integrity of the Judiciary is compromised by criminality.

"When viewed in the context of this case before this court, this statement and the innuendo is very damning. A statement and innuendo which this court can assure the nation is absolutely and totally wrong.”

The judge added that he does not know Thomas, did not know him before the matter started and does not know any of Thomas' friends, families or acquaintances.

“I have no friends who are criminals,” Rampersad said, adding he was not being overly sensitive.

“When a cloud of illegality and criminality hangs over the administration of justice in the Republic of Trinidad and Tobago, we cannot sit idly by and do nothing and hope that it will all blow away in time.

"Drop by drop, the water falls, toppling even the mightiest of mountains. One has to therefore be very careful making statements which may seem innocuous at first but which carry a potent and damaging effect. Worse yet, if those statements are made without remorse.”

He added that those droplets can turn into torrents and the torrents into floods and the floods into unimaginable damage, if left unchecked.

'HINDS SHOULD KNOW BETTER'

Rampersad pointed out that Hinds as an attorney allowed to practise in both TT and the UK, a former police officer and the holder of a Master’s degree in Government and Constitution law should know better.

He said any young person looking on at what was said will be of the view that anyone can say anything about anyone or anything, without regard to it being truthful or not, because there are no sanctions imposed.

Rampersad said his grievance is not about race or politics and those who thought that, are missing the point and can be forgiven as that is how some were taught to think. He said it is about the law, the truth and the courage to stand up for the truth.

“It is about honour and integrity. It is about respect for the law, for the Constitution and for promises that are taken before the law to uphold the law," he said.

Rampersad said he found the matter to be very serious and as such, copied his statement to the Law Association (LATT) which is the body charged under Section 5 Part 2 of the Legal Profession Act, Chapter 90:03, with disciplinary oversight over attorneys.

He said while in the past he referred attorneys to the Disciplinary Committee of the LATT, Hinds was not a party in the court case and he (Rampersad) has gone as far as he could.

LATT president Lynette Seebaran-Suite, who was present in the court at the hearing, said she could not speak of her own accord, but assured the matter of Hinds' utterances will be discussed by the association.

She said she will be guided by the council which will consider the matter urgently as it too views Hinds' comments as very serious.

Rampersad ended his statement saying: “I have deliberately referred to Mr Hinds as Mr Hinds the man and the attorney. I mean him no ill will, nor do I mean him any discomfort notwithstanding the fact that the feeling may not have been reciprocated.

"I just sought clarity against the background of all that I have said. I sought clarity and have not received it. The cloud still exists. Today, I leave it to those who can be more persuasive than I have been able to be to try to remove that cloud.”

This story was originally published with the title "Judge: Minister's statement undermines Judiciary" and has been adjusted to include additional details. See original post below.

NATIONAL Security Minister Fitzgerald Hinds on Wednesday opted not to accept an invitation to attend a court hearing to clarify his comment that criminals have friends in the judiciary.

Speaking at the beginning of a hearing involving licensed gun dealer Brent Thomas, High Court judge Devindra Rampersad noted Hinds’s absence, saying he had sought clarification that was not granted, and that Hinds's comments had the potential to undermine the integrity of the Judiciary.

Thomas sued the State over a breach of his constitutional rights and criminal charges. On April 25 Rampersad ruled in his favour and severely criticised the conduct of the investigating officers, who were assigned to the police Professional Standards Bureau.

The judge found that Thomas had been "abducted" from Barbados and brought back to Trinidad and Tobago to face charges. Rampersad permanently stayed the seven criminal charges against Thomas of being in possession of grenades and automatic rifles, all prohibited by the Firearms Act.

In an address to the nation on state-owned TTT on May 1, Hinds commented on Rampersad's ruling, saying criminals have friends in the Judiciary, police, customs and elsewhere.

“The comment does not impact on me only, but the other 110 judicial officers,” Rampersad said on Wednesday, adding that while the Judiciary is not immune to criticism, when an officer of the court does it (Hinds is a lawyer by profession), it jeopardises the Judiciary.

He said the statement implied that the integrity of the Judiciary is compromised by illegality, which is “very damning and absolutely wrong.”

With no clarification, Hinds’ statement, Rampersad said, left a cloud of illegality over the Judiciary which, drop by drop, undermined it.

“The damning effect of leaving that cloud is that the drops will turn into torrents, which will lead to flooding, then to unimaginable damage. The view of young people looking on will be that anyone can say anything with no regard to the truth, without consequences,” Rampersad said.

He described Hinds's unchecked statement as a source of comfort to criminality that many in the country now decry.

Rampersad said he has gone as far as he could go with the matter, which he found “very serious,” but will send his statement to the Law Association for its deliberation.

While Hinds had no obligation to accept the invitation, Rampersad said as an officer of the court, he sought clarity from the minister and was left in doubt.