Did politics taint matter against Ramlogan, Ramdeen? How the case collapsed

Black Immigrant Daily News

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Former attorney general Faris Al-Rawi –

Less than a week ago, one of Trinidad and Tobago’s most high-profile criminal prosecutions came crashing down.

In a bombshell admission, Director of Public Prosecutions (DPP) Roger Gaspard, SC, told a virtual Port of Spain magistrates’ court of his decision to discontinue charges against former attorney general Anand Ramlogan,SC, and ex-UNC senator Gerald Ramdeen.

He said the State’s main witness, King’s Counsel Vincent Nelson was not willing to give evidence in that matter until a civil claim he filed for breach of an alleged indemnity agreement came to an end. Gaspard, while retaining the right to review his position at the end of Nelson’s civil claim, said those proceeding were likely to raise germane issues of Nelson’s credibility and reliability.

Ramdeen and Ramlogan were charged in 2019 with conspiring with Nelson for Ramlogan to misbehave in public office as AG, by accepting money from Nelson as a reward for giving him state briefs.

It was further alleged that they conspired for Ramdeen to receive, conceal, and transfer criminal property which represented corrupt rewards given to him by Nelson for the state briefs.

The third allegation against the two was that they conspired for Nelson to give ten per cent of the legal fees to Ramlogan as a “gift” or “reward” for being granted state briefs.

Former UNC senator Gerarld Ramdeen –

In June 2019, Nelson, a Jamaican-born tax attorney in the UK, pleaded guilty to two counts of conspiring to commit money laundering and conspiracy to commit an act of corruption. He was put on a bond for three years and as part of the deal, he agreed to turn state witness and testify against Ramlogan and Ramdeen.

In March 2020, he was spared jail time as part of a plea deal and fined $2.5 million which is yet to be paid, according to checks by Newsday. Nelson benefited from a deferral of the payment of the fines imposed on him because of restrictions which came with the coronavirus pandemic.

In June 2020, in response to questions on Nelson’s payment of any portion of his fines which were due at the end of April and May 2020, the Judiciary referred Newsday to the emergency practice directions issued by the Chief Justice. Gaspard also confirmed that that would be the position in relation to the payment of the fines.

Nelson now says it is for Trinidad and Tobago to pay those fines because of an indemnity agreement he signed with former AG Faris Al-Rawi in 2017, when a deal was struck for the withdrawal of an earlier claim by the tax attorney, now said to be resident in Italy, for $10 million in unpaid fees.

Nelson claims the State owes him for his loss of earnings and is seeking £12.1 million (approximately TT$96 million). Some $10 million has already been paid to his attorneys for representing him at the plea deal discussions and hearing and this, Nelson contends, was an admission of liability.

Immediately after Nelson’s sentencing, Al-Rawi told Newsday Nelson’s sentencing was historic.

“This case was a historic case in so far as Mr Nelson’s whistleblowing testimony, voluntarily given, resulted in his conviction and sentencing before a court.”

“What is important in the Nelson matter is that all of the dots which were out together in the criminal justice reform went to work.”

“There has never been a case of this type with the quantum of sum as it is and the allegations standing as they are.”

Those allegations no longer stand, for now.

Al-Rawi has told the police Nelson’s former attorney Roger Kawalsingh contacted him about alleged corrupt dealings with the two attorneys.

Main witness Vincent Nelson –

“He informed me that Mr Nelson was deeply concerned about his personal liability in the matter but that Mr Nelson was fully prepared to disclose those matters and supporting evidence but that he wished to be indemnified in consideration of the same.”

Al-Rawi received Nelson’s statement on October 26, 2017, and said “as a result,” he signed the indemnity agreement on behalf of the Government in November 2017.

The indemnity agreement, which the State is now contending is not legally enforceable as it runs contrary to public policy, gave Nelson several assurances, including recommendations to the DPP that no criminal proceedings could commence against him or that his statement would not be disclosed to any criminal prosecuting or tax enforcement authorities outside of TT. Nelson alleges these particular clauses were breached as he is facing investigations in the UK.

Correspondence have since revealed that Al-Rawi had insisted the Government had, through him, confirmed it would honour its obligations of the indemnity agreement.

Al-Rawi told this to DPP Gaspard on several occasions in December 2020.

On those occasions, Gaspard declined to have his office involved in the purported indemnity agreement.

Less than two years later, Al-Rawi said he never directly or indirectly told Nelson he could prevent any prosecution of him. He said recommended to the DPP that Nelson not face criminal charges because of his whistleblowing evidence as provided for by the indemnity agreement.

His recommendations to the DPP were made orally.

Al-Rawi also suggested a conditional pardon for Nelson to secure his testimony. This suggestion was raised by Kawalsingh, the former AG said, adding that while he raised the possibility of the pardon, everything was left entirely up to the DPP.

Director of Public Prosecutions Roger Gaspard, SC, –

Al-Rawi was questioned by police in August following the filing of Nelson’s claim for the alleged breach of the indemnity agreement. He said no recommendation was made in bad faith.

He also maintained at all times, Nelson had independent legal counsel and was a Queen’s Counsel himself.

On Wednesday, Al-Rawi said he did not advise himself on preparing the indemnity agreement.

He said the arrangement was made after the AG’s Office in 2017 hired the two senior counsel – Douglas Mendes and Gilbert Peterson – when Nelson came forward with the information of the alleged criminal conspiracy to defraud the State

“Senior counsel Mr Mendes specifically settled a written indemnity agreement that he advised the State to enter into and under that written indemnity agreement, the specific context was that the notarised statement and the evidence of wrongdoing will be given to the Director of Public Prosecutions and to the Anti-Corruption Investigations Bureau.

‘In that indemnity statement as well, the State undertook on the advice of senior counsel that no civil proceedings will be commenced for the recovery of legal fees that were paid to Mr Nelson,” Al-Rawi said.

Mendes and Peterson have both declined to comment.

Al-Rawi told police in August, the State provided the indemnity on the advice of senior counsel and was bound by it although it reserved a right to have it ventilated in an appropriate forum in the event of a dispute. This was also the position of Nelson’s UK attorneys in requests to be paid back in 2020 and they suggested the matter be referred to arbitration.

Al-Rawi said he discussed the Ramlogan and Ramdeen case with the prime minister and Minister Stuart Young – who had been earlier tasked with getting evidence in a number of high-profile corruption matters and working with UK, US and TT attorneys and forensic specialists, including the alleged legal fees kickback conspiracy.

Al-Rawi admitted he discussed Ramlogan’s case with the prime minister and four other ministers, including Attorney General Reginald Armour SC. Addressing a political meeting on Wednesday, Dr Rowley said Nelson’s case was not the business of his Cabinet.

“The PM of TT has no involvement and no role in the prosecution of any person in this country.”

On Tuesday, Armour insisted the criminal case against the former AG and Ramdeen had not collapsed. Armour said Nelson has not recanted any admission of wrongdoing he made in the criminal proceedings.

He promised to take the advice of eminent local and foreign senior and King’s Counsel “to ensure that no stone is left unturned in the pursuit of justice for the people of TT.”

“As Attorney General, I wish to assure the people of this country that I will consider every available avenue to protect the public’s interests, including (but not limited to) civil proceedings to recover any possible proceeds of the crimes allegedly committed by Messrs Ramlogan and Ramdeen and disciplinary proceedings before the disciplinary committee of the legal profession (Law Association of TT).”

On Friday, Nelson’s attorneys applied to the court to have the seal lifted so the claim can be made public. The State has said it will resist it because of the overlap between the civil claim and the criminal case.

Highlights of the indemnity agreement

The purported indemnity agreement assured Nelson’s statement would not be released in Parliament or in the public, nor would his name.

It also gave assurances that no civil proceedings would commence against him on any matter arising out of the statement he gave, or by the government for the repayment of any fees paid to him between November 2010 and 2017.

It also gave an undertaking that recommendations would be made to the DPP that no criminal proceedings should be commenced against him.

It said the Government of TT “agrees to indemnify you and keep you fully effectually indemnified from and against all actions, suits, proceedings, claims, demands, damages, costs, expenses and liabilities which may be taken or made against you or be incurred or become payment or sustained by you by reason for any breach of any undertaking contained here.”

The purported “indemnity” agreement promised to cover any legal costs Nelson incurred in any defamation claim filed by any individual wanting to force him to withdraw his statement.

It also said his statement would not be disclosed to any criminal investigatory and/or prosecuting authority, tax enforcement authority and/or regulatory and/or disciplinary authority outside TT.

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