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Vincent Nelson,
KC

THE Criminal Bar Association (CBA) has condemned “in the strongest possible terms” the indemnity agreement between the Government and convicted King’s Counsel Vincent Nelson, particularly if promises were given without the knowledge and consent of the Director of Public Prosecutions for him to give evidence against former attorney general Anand Ramlogan, SC, and ex-UNC senator Gerald Ramdeen.

In a statement on Thursday, the CBA said it had received a “voluminous” number of documents involving the failed criminal prosecution of the two attorneys.

“Our initial perusal of some of those documents has caused us some disquiet, it commented, adding that after the CBA’s executive “comprehensively reviewed and digested these documents,” it intends to make a statement on the role of former attorney general Faris Al-Rawi and the DPP’s decision to discontinue the case.

The CBA also called on DPP Roger Gaspard, SC, to make a “detailed and transparent statement” of his reasons for discontinuing the charges against Ramlogan and Ramdeen.

The CBA said it would be instructive to know the DPP’s reasons, otherwise it could give the public the impression that there was one law for the rich and powerful and another for the poor and dispossessed, as articulated by attorney Martin George.

In the statement, the president of the CBA, Israel Khan, SC, also commended Gaspard for the position he took on Monday when he announced he was discontinuing the criminal prosecution against Ramlogan and Ramdeen.

At Monday’s hearing, Gaspard said Nelson was not willing to give evidence in that matter until his claim for breach of the alleged indemnity agreement came to an end.

Gaspard said it would be unfair to leave the case against the former AG and UNC senator in limbo until the outcome of Nelson’s civil claim, in which he is alleging the State did not keep its side of the bargain on the indemnity agreement.

Gaspard came in for praise from Chief Magistrate Maria Busby Earle-Caddle and the men’s attorneys.

The CBA said Gaspard “demonstrated integrity, independence and enviable courage” in his actions, which would have a “positive rippling effect in maintaining public confidence” in the office of the DPP and the criminal justice system.

“It is unmistakably clear that the decision to discontinue such an expensive and high-profile criminal prosecution was a fair, just and reasonable one, made to protect the independence of the high constitutional office of which he is the custodian and to jealousy guard his office from executive interference.”

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Minister of Public Administration Allyson West. Photo by Angelo Marcelle

MINISTER of Public Administration Allyson West urged people not to fall for distractions – which she dubbed “shiny objects and fads” – but to be confident that the Government was acting in the population’s best interest in its budget, during a debate in the Senate on Thursday.

Without infinite revenues it was impossible to satisfy all needs, she said, so the Government must now prioritise, have a plan, and be ready to make tough decisions. The Government’s policy, West said, has been to protect lives and livelihoods through the pandemic, and chart a sustainable future.

“This Government has demonstrated that it is not about winning elections. We will make decisions for the good future of TT.”

Saying the fuel subsidy had once been $7 billion, she said that money could have instead been spent on young people, healthcare and fixing roads. West disagreed with Independent Senator Anthony Vieira’s view, voiced on Wednesday, that the budget had not offered hope.

She said, “It is not because the Government isn’t doing anything, but because of the naysayers.”Likening critics to a children’s fictional character, she scoffed, “Like Chicken Licken, every day the sky is falling.”West hailed the budget’s measures of the housing and village programme, GATE, manufacturing tax credits, energy-company tax breaks, plus “a slew of programmes” for youngsters under the Ministry of Youth Development and National Service.

West then said a work-from-home policy must be carefully crafted by considering an array of factors, via consultation including with trade unions. If not done properly, she said, it could have disastrous consequences.

Citing Justice Frank Seepersad’s call for a reform of service commissions, West said the Government could not rely on opposition support to do this but would still address it. Noting an abundance of caution by permanent secretaries, she hoped to promote better risk assessment and responsible risk-taking among them.

She promised a performance evaluation in the Public Service, starting with permanent secretaries. West noted the unusual situation that permanent secretaries report to their minister but the latter has no input into their assessment.

She said only the permanent secretary to the Prime Minister has input in assessing other permanent secretaries via his/her role as head of the public service, but she then said this latter post does not actually exist formally. She promised a rationalising of the position.

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A Sitting of the Senate is scheduled for Thursday, October 20th, 2022 with Papers to be laid by the Honourable Parliamentary Secretary in the Ministry of Tourism, Investment, Creative Industries, Culture and Information and Leader of Government Business and the Honourable Parliamentary Secretary in the Ministry of Education, Sustainable Development, Innovation, Science, Technology and Vocational Training.

The Motions for consideration are as follows:

BE IT RESOLVED that Parliament do authorize the Attorney General to make an Order to declare that the 2020 Supplement to the Revised Edition of the Laws of Saint Lucia, as specified in the Order shall come into force on such date as may be appointed by such Order, as authoritative version of the law.

 BE IT RESOLVED that Parliament by affirmative resolution approves the draft Value Added Tax (Amendment of Schedule 3) (No. 2) Order which amends Schedule 3 of the Act to —

exempt imports of personal items, food, clothing, toys and other household consumables, contained in barrels for the period commencing from the 1st day of November, 2022 and terminating on the 28th day of February, 2023;
exempt imports of toys, food supplies and care packages by a member of the House of Assembly for the benefit of children, the vulnerable and needy persons in the constituency of the member of the House of Assembly, for the period commencing from the 1st day of November, 2022 and terminating on the 31st day of January, 2023.

The following Bills are down for consideration:

Income Tax (Amendment)
Security Interest in Movable Property
Virtual Assets Business
Constitution of Saint Lucia (Amendment)
Motor Vehicles and Road Traffic (Amendment)

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 Thursday’s Sitting is scheduled to commence at 10:00 a.m.

SOURCE: Parliament of Saint Lucia

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