The deafening silence emanating from the Law Association of T&T (LATT) over the 31 e-mails exposed by Opposition Leader Dr Keith Rowley in Parliament is unsettling. According to attorney Ramesh Lawrence Maharaj, SC, it is unsettling especially since the body has a “duty and responsibility to uphold the Constitution and the rule of law.” Maharaj lashed out at the association which is headed by Seenath Jairam, SC.
Maharaj, in an interview with Sunday Guardian, described as curious the council’s stance when commenting on matters of national interest. The council of the association comprises 18 members—president, vice president, secretary, treasurer, nine senior ordinary members and five junior ordinary members.
Maharaj said it was curious that the law association found it fit to condemn the alleged public harassment of Mr Richardson and his wife at a supermarket, but has not found it in the public interest to make a statement on the need for the Government to have conducted an independent and impartial investigation into the e-mails.
The 31 e-mails were purported to be from addresses belonging to Prime Minister Kamla Persad-Bissessar, AG Anand Ramlogan, Local Government and Works and Infrastructure Minister Suruj Rambachan and national security adviser to the PM, Gary Griffith. Three weeks ago, Rowley, during a no-confidence motion, implicated the three senior government officials over the alleged e-mail exchanges.
Maharaj said the International Commission of Jurists, which is based in Geneva, describes the roles and functions of lawyers as “ensuring that governments keep within the rule of law.” The senior counsel said, “It is hoped that the law association would meet in emergency, even at this late stage, to call upon the Government to have an independent and impartial investigation.”
Noting that the senior officer mandated to oversee the investigation—Deputy Commissioner of Police Mervyn Richardson—cannot conduct such an investigation, Maharaj said the DCP “is a police officer on contract with the Government and is dependent upon some of the same persons being investigated to extend or terminate his contract.”
Maharaj said based on this, Richardson should not be allowed near the investigation. Questioning the inability of the association to call upon Attorney General Anand Ramlogan to remove himself from office while the investigation is taking place, Maharaj pointed out that the AG’s office will be involved in the retention of lawyers.
“The law association should, therefore, tell the Government that the present investigation conducted by Richardson is contaminated and the public perception would be that justice was not done and would not appear to be done.”
Past presidents have their say
Dana Seetahal, SC
On whether the association should have commented on the alleged contents of the e-mails, Senior Counsel Dana Seetahal said the group “has a statutory mandate to, among other things, protect and assist the public in T&T in all matters relating to law;” “to promote, maintain and support the administration of justice and the rule of law;” and to do such other things incidental or conducive to the achievement of these (and the other) purposes.
Seetahal said if there was a matter of public importance that may affect the rule of law or administration of justice it is expected that the LATT will make a statement. “To that end, I recall previous councils making a variety of statements of matters of national importance. I recall that this occurred during the last state of emergency in 2011, for example.” Seetahal said the council usually meets on a monthly basis “but in respect of urgent matters may have extra meetings.”
She explained that the LATT itself meets annually “but there may be special general meetings if 50 members call for such a meeting on some specific matter.” In respect of the e-mail saga, Seetahal said, “I am sure that a responsible council would consider the issue. However, it is entirely a matter for the council as to whether it should respond and if so, what should be said in a scenario where no one is sure of what the facts are.
“Given that 18 persons may have different views on the issue and possible conflicts of interest, it might be difficult for a council to arrive at a cohesive and agreed position,” Seetahal said. Adding that she expects members of the council “would be aware of their mandate as they have demonstrated in the statement issued in respect of DCP Richardson,” Seetahal said in so far as the substantive issue of the e-mail probe is concerned, “the council may have good reason for its failure to make a statement at this time.”
Martin Daly, SC:
They should maintain a proactive position
Daly, when contacted, said during his tenure as president, he introduced a monthly agenda which allowed the council members to comment on various matters.“When I was president, I introduced a specific monthly agenda item appropriately entitled, along with an understanding that members of the council were free to suggest, that the association comment on any matters which arose between monthly meetings.”
He said that within the boundaries of its statutory objectives, “the Law Association should maintain a proactive position in commenting on contemporary events.” The former president said “for that purpose, I am fully in support of the condemnation of the personal attacks on DCP Richardson and his family.
“I would, however, have preferred that the association issue a fuller statement commenting on the legal aspects of the e-mail controversy and reminding persons that lawyers ought not to be disrespected on account of their representation of clients.”
Jairam remains mum
Contacted for a comment two days after Rowley’s e-mail disclosure, president of the Law Association Seenath Jairam, SC, said he was unable to make any comment. Sunday Guardian called Jairam several times after, and he again refused to comment.
Last week when he was called, Jairam said, “I will have to round robin members and call you back to state our position. Members are not showing an interest in attending meetings.” Sources told Sunday Guardian that two weeks ago by-elections were held for the posts of vice chairman and secretary since Patricia Dindyal and Lesley-Ann Lucky Samaroo opted not to offer themselves for re-election.
Sources added that the vice chairman post was filled by attorney Gerry Brooks, while a secretary will be chosen on Tuesday during a council meeting.