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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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Acting Deputy Commissioner of Police Erla Christopher, seated, with the newly-promoted police officers in October 2018. File photo/TTPS –

The Police Service is now operating without anyone to perform the functions of the three deputy commissioners.

Although acting ACP Ramnarine Samaroo’s name was submitted by the President to Parliament since June there has been no approval.

In the meantime, ACP Wendell Williams who was acting as deputy has gone on leave ahead of his retirement and the third person, ACP Erla Harewood-Christopher is acting a commissioner of police.

The situation arose as acting CoP McDonald Jacob, whose substantive rank is deputy commissioner, left the country for a week-long official visit to the UK. Harewood-Christopher was approved by Parliament to act as top cop on October 11.

The Police Service Commission on Saturday issued a statement on the matter pointing out the date of Samaroo’s nomination to Parliament and the absence of critical personnel information from the police service of other potential candidates in order to make a recommendation to the President of a short-list of nominees who are capable of performing the functions of deputy commissioner.

In response, Leader of Government Business Camille Robinson-Regis said on Saturday vacancies in top posts in the police service will be filled in accordance with established procedure.

Referring to the PSC’s statement, Robinson-Regis confirmed the vacancies in the two deputy posts.

“They are. However, that notification is not yet on the (House) order paper.”

She said Samaroo’s notification was received by Parliament just before it went on mid-year recess.

“It has not yet been placed on the order paper.”

Asked whether these notifications will be dealt with accordingly by the House once they are placed on the order paper, Robinson-Regis replied, “Yes, they will.”

Commenting on the developments, Police Social Welfare Association (PSWA) president acting Insp Gideon Dickson said the association is concerned that the “critical and strategic offices of deputy commissioner, administration, deputy commissioner, operations and deputy commissioner, intelligence are all currently vacant.”

Dickson said this is unacceptable and “has a negative effect on the morale and functionality of our career officers who are next in line for such consideration.”

He added that such officers could be left wondering what did they do wrong to not be appointed at this time.

Dickson wondered why is there so much bureaucracy in the police service when the organisation ought to be independent.

“What makes the TTPS so unique to its other allies in law enforcement, that for an appointment to be made by an independent body (PSC), just for an acting appointment, there is need for parliamentary intervention?”

Acting Deputy Commissioner of Police Wendell Williams addresses the media at Police Administration Building, Port of Spain on August 28. – File photo/Angelo Marcelle

Dickson argued that this case is not replicated in any other industry or sector in TT.

“We have made recommendations in the past which have been well ventilated and strongly urge the authorities to consider same in the interest of the police service and the members of the public whom we serve.”

On Saturday, Oropouche East MP Dr Roodal Moonilal reiterated the concern he raised on October 11 about Samaroo’s nomination.

“The nomination of Mr Samaroo was brought to the House and allowed to languish by the government.”

He claimed that Dr Rowley’s comments about Samaroo acting for a short period during the vacation of another office holder, did not square with what the PSC said about Samaroo’s notification.

Moonilal said, “This is another tangled web.”

On October 11, Rowley said Samaroo’s notification was “to act for ten days for Mr Williams who went on leave, then indefinitely for Jacob (as DCP) , during his (Jacob) acting as commissioner.”

He added that Samaroo’s notification came to Parliament when it was on recess.

Rowley also said he will consult with Attorney General Reginald Armour, SC, about bringing legislation to Parliament for the PSC to make short-term acting appointments without seeking Parliament’s approval.

On June 21, the PSC nominated Samaroo to act as deputy commissioner as Williams went on leave but the matter was never debated.

Last December, Jacob was appointed to act as CoP after the three-year contract of Gary Griffith had expired. Griffith had been appointed to act after his contract expired but was subsequently suspended and the law which authorised him to act was deemed illegal.

Both Harewood-Christopher and Williams were appointed to act as deputy posts.

In its statement, the PSC said it anticipated these offices will be permanently filled in 2023 following its recruitment and selection process. The PSC said previously that it intends to fill the substantive post of CoP before year’s end.

The statement made no reference to a newspaper report which identified candidates short-listed for the job.

In June, Williams went on vacation from June 29-July 10 and Samaroo’s name was submitted by the PSC to the President as a nominee for deputy commissioner to temporarily perform the functions of Williams.

On September 26, Jacob informed the PSC that Williams would proceed on vacation leave from October 9, prior to his compulsory retirement from the police service from May 30.

In accordance with the requirements of the Constitution and the relevant legal notices, the PSC said it cannot appoint a replacement for Williams until it receives the necessary personnel information from the police in order to make its nomination to the President.

On October 3, the commission was told that Jacob would be in the UK on official duties for one week. The PSC immediately met to consider this matter and informed Weekes by letter on October 5, of its nomination of Harewood-Christopher to act as CoP in Jacob’s absence.

Weekes notified the House accordingly on October 6.

On October 11, the House passed a motion moved by the Prime Minister for Harewood-Christopher to act for Jacob. Her acting appointment ends on October 21.

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TUTTA president Antonia De Freitas. –

President of the TT Unified Teachers’ Association Antonia De Freitas said Friday’s convention with teachers from across four educational districts was aimed at sharing information and getting feedback on some of the burning issues affecting teachers including outstanding wage negotiations and poor working conditions.

In an interview on Saturday, De Freitas said, “The union speaks of the heart of the members and if they don’t consult the union then the members, the practitioners have no say in the development on policies and the implementation of policy plans. So we really and truly sought to empower our members during the convention.”

This year’s theme was Transforming Education Begins with Teachers.

Teachers from North Eastern, Port of Spain, Victoria and Tobago districts participated in the convention with the other districts opting for an independent convention.

De Freitas said, “As a union we have to increase our member participation, make it more inclusive so members can have a voice on various social, political and welfare issues.”

She said she also made the association’s members aware of the issues it is facing which are how to proceed with negotiations of percentage increases and other internal issues that its members had raised.

De Freitas said many members of the association are concerned with negative comments that stem from the public and politicians that label teachers’ actions as irresponsible.

“Everything that happens in terms of the education sector is influenced by or impacted by government policy. So I would want to remind (the public) that at the start of pandemic, when we closed our schools in March 2020, it was TTUTA who first made the call for proper arrangements for virtual classes, the distribution of devices to students and educators and properly designed emergency curriculum.”

She said teachers were working full-time and even overtime while balancing a family life during that time as well.

“So when the educators and now saying, listen we deserve appropriate compensation because like other citizens we have been negatively affected by the rising cost of living, we realised that there has to be some way to get our message across and to indicate that we cannot function.” Teachers took the first day of the new school term in September off to “rest and reflect” and had threatened further action in October, which prompted the Ministry of Labour to obtain an injunction debarring industrial action on the basis that teachers are members of the essential service and cannot strike.

De Freitas said teachers have been facing poor physical conditions of some schools which have recently surfaced as well as the recurring problem of student indiscipline.

She said she hopes in keeping with the transformation of the education system that educators will be at the heart of that and that the working conditions are improved so education can be delivered as a public good.

De Freitas also highlighted to a newspaper article that mentioned teachers were pushing for housing and referred to a meeting with the Housing Development Corporation (HDC) last month. De Freitas said at the meeting when they asked for 10 per cent of housing stock to be allocated to teachers, similar to an arrangement for the protective services, they were told no. She said Ministry of Education and the Ministry of Housing and Urban Development did not have a Cabinet-approved agreement like the Ministry of National Security.

“What was suggested to TTUTA, if you wanted to have such a specific arrangement for allocation for housing stock for educators, then TTUTA needed to develop a proposal, approach the Ministry of Education, engage the ministry and have such a Cabinet arrangement done between the Ministry of Education and Ministry of Housing and Urban Development.”

During her speech on Friday, she said some of the issues that have exacerbated recently are, “teacher shortages, lack of professional development opportunities, low status and working conditions and lack of capacity to develop teacher leadership, autonomy and innovation.”

She offered strategies for some of these issues – the importance of social dialogue, meeting teacher’s professional needs, facilitating self organising, shaping the discourse for the quality of education and support for the profession and building alliances and strategic partnerships.

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Tekst en beeld Valerie Fris PARAMARIBO — “Dit is een hele ervaring voor mij geweest. Ik heb wel vaker gelezen dat het

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Le président Xi Jinping a fermement défendu sa politique draconienne de lutte contre le Covid-19 en ouvrant dimanche le congrès du Parti communiste chinois (PCC), qui devrait lui confier dans une semaine un troisième mandat historique à la tête du pays.

Sauf coup de théâtre, ce nouveau sacre, qui devrait avoir lieu le 23 octobre au lendemain de la clôture du congrès, fera de M. Xi le dirigeant le plus puissant depuis le fondateur du régime, Mao Tsé-toung (1949-1976).

Le 20e congrès du PCC intervient “à un moment critique où l’ensemble du Parti et le peuple de toutes les ethnies sont engagés sur la voie de la construction d’un pays socialiste moderne”, a affirmé M. Xi dans son discours d’ouverture devant les quelque 2.300 délégués rassemblés dans l’immense Palais du peuple, sur la place Tiananmen à Pékin.

Arrivé à la tribune sous un tonnerre d’applaudissements, Xi Jinping, 69 ans, a commencé à dresser le bilan des cinq dernières années et livrer sa feuille de route des cinq prochaines, lors d’un discours qui s’annonçait fleuve: celui de 2017 avait duré trois heures et demie.

Il a fustigé les “forces extérieures” se mêlant de Taïwan, île que le régime chinois considère comme faisant partie de son territoire. Il a également estimé que Hong Kong était passé “du chaos à la gouvernance” après la sévère reprise en main par Pékin du territoire, où d’immenses manifestations pro-démocratie avaient eu lieu en 2019.

– Protéger la “santé du peuple” –

Surtout, alors que l’une des principales interrogations tourne autour du maintien ou non des strictes mesures sanitaires pour lutter contre la pandémie de coronavirus – la stratégie “zéro Covid” indissociable du président chinois – M. Xi a affirmé que la Chine avait privilégié les vies humaines avant tout.

La Chine a “protégé au plus haut point la sécurité et la santé du peuple et a atteint des résultats positifs significatifs en coordonnant la prévention et le contrôle de l’épidémie avec le développement économique et social”, a-t-il estimé.

Cette politique “zéro Covid” a renforcé le contrôle social sur les citoyens chinois, dont tous les déplacements sont désormais enregistrés informatiquement, dans ce pays déjà critiqué sur la scène internationale pour des violations des droits de l’homme.

La quasi-fermeture du pays vis-à-vis du reste du monde et les confinements à répétition ont mis un coup d’arrêt à la croissance, qui devrait cette année être la plus faible en quatre décennies, hors période de Covid.

Si la presse officielle a martelé cette semaine que “se coucher” face au virus serait “irresponsable”, le coût économique de cette stratégie et la grogne populaire qu’elle suscite sont indéniables.

Une colère qui va parfois au-delà des réseaux sociaux: cette semaine et malgré les mesures de sécurité renforcées dans la capitale, un homme a accroché à un pont de Pékin deux banderoles hostiles au dirigeant chinois et au zéro Covid.

L’une appelait les citoyens à se mettre en grève et à chasser “le traître dictateur Xi Jinping”.

– Au-delà de 2027 –

Pas de quoi troubler les quelque 2.300 délégués, venus de toutes les provinces et pour certains vêtus de leurs tenues traditionnelles, qui vont d’ici samedi prochain désigner le nouveau Comité central, sorte de parlement du parti avec quelque 200 membres, dont le bureau politique et ses 25 têtes est l’instance de décision.

En réalité, ils ne feront que valider des décisions prises en amont par les différentes factions du Parti: c’est d’ailleurs ainsi que Xi Jinping était arrivé au pouvoir en 2012, choisi comme homme de compromis entre les factions avant d’imposer sa mainmise au fil des ans, notamment via une redoutable campagne anticorruption qui a lui permis d’écarter des rivaux.

Un point crucial sera la composition du futur Comité permanent, ce groupe de sept ou neuf personnalités au plus haut sommet du pouvoir.

M. Xi ne devrait pas y laisser place à un possible successeur car “il n’a pas envie d’avoir quelqu’un qui lui souffle dans le cou”, estime le chercheur Jean-Pierre Cabestan, basé à Hong Kong et associé au cercle de réflexion français Asia Centre.

Spécialisé dans l’économie et la politique chinoise, le cabinet MacroPolo s’attend d’ailleurs à ce que Xi Jinping forme ce Comité “avec un oeil déjà tourné potentiellement au-delà de 2027”.

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