Retired major appointed to SoE Tribunal amid transparency concerns

CHIEF JUSTICE Ivor Archie has appointed retired Major Arden D Williams to the Emergency Powers Review Tribunal, replacing attorney Kent Samlal, who resigned amid questions over the transparency of the panel’s appointments.

The tribunal, responsible for reviewing the detention of individuals under the ongoing state of emergency (SoE), now includes chairman David Alexander, Shivangelie Ramoutar, and Williams.

A September 6 statement from the Judiciary noted that Williams brings extensive legal and military experience to the tribunal.

A graduate of the University of London and the Hugh Wooding Law School, he was called to the Bar in 2013 and has practised privately since 2016 in civil and criminal litigation, military law, family law and industrial relations.

The Judiciary noted he has appeared before the District Courts in Trinidad and Tobago and Guyana, the Industrial Court, Court of Appeal, and the Privy Council.

His military background includes years of service overseeing tribunals in the Defence Force.

Samlal’s resignation on September 5 followed threats of legal action from SoE detainee and alleged gang leader Rajaee Ali, who is facing murder charges.

Ali’s attorney, Keron Ramkhalwhan, wrote to the Chief Justice and tribunal members on September 4 seeking clarification on the criteria and procedures for appointing tribunal members.

He noted that the previous tribunal, appointed in January, comprised only senior counsel and questioned the absence of senior counsel from the current panel.

“Given that the initial review tribunal was composed exclusively of senior counsel, one would reasonably expect that, in similar circumstances, the inner bar…would be prioritised and/or considered for appointment,” Ramkhalwhan wrote. “The failure to consider and/or appoint any member of the inner bar…raises concerns about the transparency and fairness of the appointment process.”

He also noted that one tribunal member’s concurrent role on a state board could create “a perception of bias,” adding that “justice must not only be done but must also be seen to be done.”

In response, the Judiciary confirmed there is no formalised policy governing tribunal appointments. Michelle Mayers, senior legal officer, explained that Chief Justice Archie considered candidates’ legal experience, analytical ability, and years of practice. She said the chairman, Alexander, has over three decades at the Bar, including service as a temporary High Court judge, while Samlal’s experience in public law was also a factor. Mayers revealed that the Chief Justice was unaware Samlal had accepted a government board appointment three weeks before his selection.

Samlal was recently appointed to the Trinidad Petroleum Holdings Ltd board and had previously served on the SporTT board.

The SoE was first declared on July 18 and has since been extended under statutory provisions. Ali petitioned the tribunal for a review of his detention on August 28.

He is being held at Teteron Barracks following his transfer from the Maximum Security Prison, Arouca, a move he is challenging as unlawful and inhumane. Ali is seeking court orders for basic rights including airing time, access to showers and toilets, weekly family contact, and clothing. His legal challenge has been adjourned to September 17.

Ali, along with his brother Hamid, co-accused Earl Richards, and a senior prison officer, are accused of leading or facilitating gang activity from prison, including plotting attacks against public officials.

They face murder charges related to the 2014 killing of special state prosecutor Dana Seetahal, SC.

On September 5, Ramkhalwhan welcomed the Chief Justice’s intervention.

“I see it as a victory for the rule of law,” he said. “It is crucial to ensure that there is no executive influence on the review tribunal. The independence and impartiality of the tribunal are paramount to upholding justice and maintaining public confidence in the legal process.”