Al-Rawi to lawyers: Give back silk if you detest process

The title of senior counsel (SC) was conferred on 13 attorneys in a ceremony at President’s House, St Ann’s, on June 17.

They were former AG Faris Al-Rawi; TT Intellectual Property Office controller Regan Mark Asgar-Ali; commercial and personal injury litigation lawyer Michael Simon de la Bastide; High Court advocate Gregory Delzin; private and prosecutorial attorney Elaine Veronica Greene; criminal law, civil litigation and constitutional claims lawyer Lee Merry; commercial litigator Mark James Morgan; WASA chairman and advocate Ravindra Nanga; Port of Spain South MP and civil and criminal lawyer Keith Scotland; advocate attorney Winston Seenath; chief public defender Hasine Shaikh; former AG Anthony Isidore Smart; and family law advocate Annabelle Ramona Sooklal.

Three additional awards will be made at a later date to Energy Minister Stuart Young, Justin Phelps and Justin Deonarine, who were not in the country at the time of the ceremony.

Al-Rawi said the honour of silk was originally reserved for those who were at the bar, but the profession was a fused one.

“In my tenure as attorney general and legal affairs (minister), I did my best to cause reform in the law. That reform resulted in quite an event today (Monday). Having created, structured and put to work the Public Defenders Division, the head of that division today received silk. It shows you an idea well-formed and put together can prosper.”

Speaking to the media following the ceremony, Al-Rawi, the Minister of Rural Development and Local Government, addressed calls for reform of the process for awarding silk, including the formation of an independent panel, by the Association of Southern Lawyers.

“I welcome reformation at any point in time. It has to happen with consultation. What I find unfortunate is that many people who have negative things to say are themselves recipients of the same system. One would think if you’re protesting that seriously, you’d give back the instrument that you detest and the process by which you got it.

“I am in particular looking forward to court decisions to come. I notice the unfortunate remarks of my colleagues and all that I would say is I note there is a duplicity in a lot of it, because you can’t be standing up for what is right and still be halfway there. I welcome reform and process.”

He said many senior counsels had said they would burn their robes when he proposed measures such as abolition of preliminary enquiries and child marriage, electronic payments and virtual hearings, but this had not occurred.

Addressing comments by Israel Khan, SC, who questioned Al-Rawi’s award based on his involvement in the Vincent Nelson matter, Al-Rawi said Khan had been in the profession a very long time.

“He’s a formidable person. He made some disparaging remarks in the Vincent Nelson matter. In that matter, Nelson admitted to guilt, in writing, in the magistrate’s court, in the High Court three times, saying he had stolen money and who he gave it to. What was silent in Mr Khan’s reflections was the other side of the equation. Who did the corruption descend upon? I didn’t hear Mr Khan asking about the other side of the equation. That’s what I mean about balance. Everyone’s entitled to their point of view. You don’t get to the position of severe, significant reform of the law without challenges.”

He said all criticism was welcome and necessary as this was a functioning democracy. He said the most sincere obligation of those nominated for silk was what their contribution had been.

“I can stand on my record for sure. Does every record have just positives in it? No. There will always be views to and fro. The question is, what is the alternative and where do we go from there? For now I stand by this system. If there’s room for movement and change so be it. Let’s get a process together, let’s see what the Law Association and consultation brings.”

Scotland said any reform should be approached collaboratively.

“If anything needs to be cured, let us do it and let the process become even more transparent. The Prime Minister did not come up with the list on his own.”

Asked how he felt about people who had been criminally convicted being awarded silk, he said he tried to judge himself only.

“I am not one to cast judgment. In that regard, I will take responsibility for myself. I will try to do my best not to bring any dishonour to myself, my family and my ancestors and those to come after me.”

Scotland was asked if the process was reformed, if having a criminal record should have an effect on the award of silk.

“If that exists, it should be something that should be thrown in the mix.”

Kangaloo said the process for the award of silk begins with the AG, as the titular head of the bar, inviting attorneys who consider themselves eligible, to apply. A list of applicants is compiled. The AG then consults on that list with the Chief Justice and others he considers necessary. She said after this consultation, the AG then makes recommendations to the PM from among the list of applicants. The PM considers the AG’s recommendations and advises the President on the attorneys who are to be awarded silk. In 2022, Kangaloo's husband Kerwyn Garcia and her brother Colin Kangaloo were made senior counsels.