AG Armour apologises for judge's 'slur' - BARBADOS WE'RE SORRY

Trinidad and Tobago's Attorney General, Reginald Armour, has apologised to Barbados for a comment made by a High Court judge – which he described as a "slur" – in the case of the arrest of firearms dealer Brent Thomas in Barbados last year.

Even as Armour conceded that Thomas was "unlawfully" removed from Barbados, he apologised to Barbados for the use of the word "abduction" by Justice Devindra Rampersad in his ruling on Thomas' civil suit.

His statement in Parliament came a day after his Barbadian counterpart, Dale Marshall, presented a statement to the Barbados parliament about Justice Rampersad's ruling. Armour also issued a 17-page statement to media houses, which included critiques of the judgment which were not read in Parliament.

"I offer to the government and the Royal Barbados Police Force my apologies for the slur which has been cast on the actions of the Royal Barbados Police Service who, consistent with the law and their oaths of office, were assisting the TT Police Service to the best of their ability in the investigation of alleged crimes, in seeking to bring an alleged fugitive to justice," Armour said.

He prefaced his statement with a caveat, saying, "Let me add immediately that nothing that I say here in this statement falls outside of our permitted hierarchical judicial structure, tiered to include within the hierarchy of our Supreme Court that, judges at first instance may make errors in the discharge of their judicial functions and the Court of Appeal exists to correct those errors."

But despite this, the objections to Armour's statement came swiftly from the Opposition.

Among the first to object was Naparima MP Rodney Charles who raised the sub judice rule.

"The Honourable Attorney General says he has put the case on appeal and if it is on appeal, he cannot talk about the substantive merits of the case," Charles said.

His objection was shut down by deputy Speaker Esmond Forde but within minutes, Charles was on his feet again.

"We cannot comment on the conduct of any person, including a judge and he is saying the judge could make an error, it is clear," Charles said.

But Forde was unmoved and allowed Armour to continue.

The AG gave an update on the State's appeal of Justice Rampersad's ruling, saying an application was being filed in the Court of Appeal to hear this matter before all others as a matter of urgency.

Armour said he has given instructions to London solicitors to retain English counsel to work with local attorneys for the appeal.

Addressing Justice Rampersad's use of the word "abduction" in his ruling, Armour said there was no evidence that the TTPS acted with criminal intent in pursuing Thomas to Barbados and bringing him back to TT.

"There can be no criminal offence of abduction, involving criminal intent, unless such criminal intent was shown, beyond reasonable doubt to have been present in the minds of the officers of the TT Police Service," he said.

But he also noted that the part of Rampersad's ruling which addressed Thomas' removal and return to Trinidad was not being challenged.

"The state of TT conceded before the judge that the return of Mr Thomas from Barbados to TT was unlawful, having been effected outside of the extradition process provided for by the Extradition, Commonwealth and Foreign Territories, Act, chapter 12:04 of the laws of TT. See in this regard paragraph 223 of the judgment in which that concession is recorded."

Armour also read from parts of an affidavit filed by Director of Public Prosecutions (DPP), Roger Gaspard, which documented interactions with the police and then acting DPP, George Busby.

There were stringent objections from the Opposition once more, with Opposition Leader Kamla Persad-Bissessar leading the charge.

"The AG is quoting from the actual documents that are in the court, this matter is sub judice, it is under appeal, the AG should know better," she said.

Forde responded, saying questions would be allowed after Armour completed his statement.

"Asking a question after you are breaching the standing orders is not in order," Persad-Bissessar shot back.

Once again, Forde allowed Armour to continue.

Reading from Gaspard's affidavit, Armour quoted, "It is important to note the fact that Mr Busby did not have sufficient information from his conversation with the officers to advise on charges does not mean that there was not sufficient cause and/or evidence to support charges. It was within the discretion of the TTPS who had all the information and who had conduct of the investigation to decide that they had sufficient information and evidence within their possession to charge.”

While he was quoting Gaspard's statement, Barataria/San Juan MP Saddam Hosein interjected, asking the deputy Speaker to intervene.

"Please protect the public interest and the sanctity of this Parliament from this dangerous abuse by this attorney general," Hosein said.

His objection was denied.

Armour also quoted Gaspard's statement which said although the remit of the DPP was to give legal advice, police can use their discretion to decide whether they will accept that advice and/or act on it.

He was accused multiple times of abusing his ministerial privilege but he continued to read from Gaspard's affidavit.

"Mr Busby was able to advise on the issue of the arrest warrants. Mr Busby informed me, and I very believe that the advice given in respect of the arrest warrant did not touch on the issue of how those arrest warrants ought to be effected or executed. Further, I am informed by Mr Busby and believe that his advice, in this regard, was for the TTPS to communicate the existence of those arrest warrants to the Barbados authorities, so as to have Mr Thomas arrested."

Armour said no advice was given by the DPP's office on how the arrest was to be carried out or how Thomas was to be returned to TT once he was arrested.

He said Gaspard's affidavit will be considered by Police Commissioner Erla Harewood-Christopher in her investigation into the actions of the police officers involved. National Security Minister Fitzgerald Hinds confirmed the commissioner's investigation before the AG's statement in a reply to a question from the Opposition.

Armour said subject to the outcome of that investigation, he endorsed the statements made by the Barbadian AG.

"I go on record to acknowledge that before this matter emerged I have been having discussions with the honourable Attorney General of Barbados, Dale Marshall, KC, on important issues of our criminal justice system since we sat together at the recently concluded regional symposium in Port of Spain," he said.

Armour said the Caricom Arrest Warrant Treaty was among the subjects discussed and he has met with heads of departments in the Ministry of Legal Affairs to commission the legal work necessary to ratify the treaty.

"Indeed following that symposium I have already exchanged a draft agenda with my Caricom attorney general colleagues for discussions following that symposium," he said.

Armour ended his statement by saying the country was engaged in a serious battle to get an upper hand on crime.

"We, in TT and within our Caricom family recognise that the task is one which calls for mature reflection, a commitment to purpose and an embrace of rational discussion and collaboration within the framework of all applicable laws, recognising the support which the executive must necessarily give to law enforcement agencies and efforts within the region."

But he said if in the Thomas case, the police officers are found to have "misstepped", the Police Commissioner will need to determine what steps are taken next.

"If it turns out that on the advice which they received from the Deputy Director of Public Prosecutions, that members of the TT Police Service misunderstood that advice and misstepped, that will be for the Commissioner of Police to determine according to law and the law will take its course."

He said TT will have to "attend" to any consequences of such a finding.

"But what should be made abundantly clear is that all available lawful measures must be employed to continue with unhindered law enforcement action against the criminal element and these measures must proceed without let or hindrance and without hesitation."

He said in this aspect, the TTPS will continue to receive support "even as the State acknowledges and respects the rights of all citizens."

Immediately after Armour's statement, Oropouche East MP Dr Roodal Moonilal rose with a question.

"Mr Attorney General, will you now concede that you abused the standing orders of this Parliament, under parliamentary privilege and attacked a sitting judge of the High Court of TT?" Moonilal asked.

However, Armour repeated his opening caveat, saying it was clear he had not breached the standing orders, to the loud thumps from the government bench.

Editor's Note: Justice Rampersad's full statement can be accessed via the following link: https://newsday.co.tt/2023/05/11/justice-rampersads-statement-of-may-10/