National Security Minister to consider FOIA request by ex-SSA intelligence director

THE MINISTER of National Security will have to consider a request by former Strategic Services Agency (SSA) director of intelligence Carlton Dennie for information on acting appointments in the agency towards the end of 2015 and the appointment of the SSA’s director that year.

The Court of Appeal gave the directive on March 15, after Justices Alice Yorke-Soo Hon, Mira Dean-Armorer, and Carla Brown-Antoine allowed Dennie’s cross-appeal for a variation of an order made in 2018 by the High Court.

The Appeal Court judges also allowed the SSA’s appeal of Justice Margaret Mohammed’s judgment, in part, because it was agreed that the agency was not the proper party to Dennie’s claim for a response to his request for information under the FOIA.

The SSA had appealed Mohammed’s ruling. She ruled that the minister was responsible for the SSA and was accountable for its decisions. The agency challenged her inclusion of the SSA in her ruling.

However, at the March 15 hearing, the judges questioned the reason for the appeal, since “everything to do with the SSA had been conceded.

“Why are we here? The only outstanding issue concerns the minister. Why are you wasting the court’s time?” were the collective concerns of the judges.

Attorney Randall Hector, who represented the SSA, said it was for that reason that the agency’s appeal should be allowed, since the judge should not have made the order against it in the first place. He asked the court to allow the appeal and set aside the judge’s orders as they related to the agency.

Hector was partly successful, since Dennie’s attorneys, led by Anand Ramlogan, SC, said he was not conceding the entire appeal and had its cross-appeal for the variation.

“I am not conceding the entire appeal….Only that she (the judge) should not have made the order against the SSA. All we asked for is for the minister to decide on the FOIA request.” The minister’s attorney, Michael Quamina, SC, did not object, so Dennie’s request for a variation of the judge’s order was granted.

“I have no objection to having the minister consider the application. He could come back and say many things, including that he does not have access to the information,” Quamina said. The court’s final order was, “Having regard to concessions. The appeal will be allowed in part. The order of the judge will be varied…”

The new order remits to the minister Dennie’s request, made on September 22, 2016, for him to consider and come to a decision in 28 days. The judges made no orders for costs although the SSA submitted it was entitled to them.

Dennie was fired from the SSA on December 4, 2015, the day after he challenged the authority of the then-interim director’s appointment. He was told his e-mail was an act of “gross insubordination.” He maintained it was not, and he was simply concerned since the agency’s director had to be appointed by the President. Dennie challenged his dismissal, but in August 2018, he entered into discussions to settle with the agency for an offer of payment.

By October 2019, the SSA offered $120,002.53 and on November 18, 2019, his attorney, Jared Jagroo, accepted the terms of the proposal.

However, the SSA sent a signed draft to Dennie’s attorneys, but received no response, despite asking for acknowledgement three times.

In June 2020, there was a notice of change of attorney for his representation by attorney Jayanti Lutchmedial, who wrote to the SSA saying her instructions were that no settlement had been reached. She asked for an agreement for extended time for Dennie to file a statement of case.

The SSA strongly objected and in May 2022, Justice Eleanor Donaldson-Honeywell dismissed Dennie’s application to extend the time for him to carry on his lawsuit. She took into account the four-year delay in filing the statement of case, the fact that a compromise was reached which rendered his case “hopeless,” and that nothing was prejudicing him from enforcing the agreement. He eventually accepted the settlement.

The SSA has been the focus of attention since the start of this month, when the PM announced that director Major Roger Best was being sent on administrative leave and replaced by Brig Gen Anthony Phillips-Spencer, after a National Security Council recommendation to Cabinet.