The issue of concocted, exaggerated civil assault cases filed by prisoners seeking unjust compensation from the State is now under a criminal probe. The latest development was announced by Director of Public Prosecutions Roger Gaspard, SC, yesterday, even as the Attorney General Anand Ramlogan was ordered by Prime Minister Kamla Persad-Bissessar to revisit his probe into allegations of an “unethical business venture” made by former solicitor general Eleanor Donaldson-Honeywell relating to prisoner abuse litigation.

Given the announcement of an immediate criminal probe, reliable government sources said last night that Prime Minister Kamla Persad-Bissessar, who has been under criticism for twice referring the matter back to Ramlogan for investigation, may find the perfect excuse to scrap her decision and leave the matter in the hands of the police. There has been a chorus of objection against Ramlogan’s involvement in the probe ordered by the Prime Minister, given the role of his ministry in the settlement of cases filed by prisoners. 

The Opposition had called for his removal from office pending the probe and has threatened to take to the streets in demonstrations if that was not done, while the Prison Officers Association has refused to meet with the team appointed by the PM, which comprised the acting solicitor general Carol Hernandez, chief state solicitor Christophe Grant, Minister of Justice Emmanuel George, Commissioner of Prisons Conrad Barrow, Inspector of Prisons Daniel Khan, if the AG was involved. 

A hint of the PM’s review of her decision was contained in a statement issued by the AG on Monday which announced the postponement of the meeting of stakeholders following the assassination of Senior Counsel Dana Seetahal on Sunday and the summoning of an emergency meeting of the National Security Council to discuss the matter later that day. “The Honourable Prime Minister will also use this period to give deeper consideration to the concerns expressed by the Prison Officers’ Association,” the release had said.

Sufficient material
In his press statement yesterday, Gaspard said he was of the view that a police investigation was “the most prudent course” as the Police Service was “the organisation with the resources and investigative experience for such a serious task.” On August 30 last year, Donaldson-Honeywell, who resigned in January, had complained to the PM of breaches of professional ethics by attorneys involved in prison abuse litigation which “may have the effect of perverting the course of justice.”

Persad-Bissessar had referred her complaint back to Ramlogan, who said he had investigated the matter and found no evidence to support the allegations Donaldson-Honeywell had recommended that the matter be referred to the Inspector of Prisons, Law Association and the Police Service for investigation.

In a three-page statement, Gaspard said that having perused the February 5 ruling of High Court Master Patricia Sobion-Awai in the case of Jamal Sambury vs the State, and supporting court documents, “I am of the unflinching view that there is more than sufficient material contained therein to warrant an investigation into the commission of several offences, including conspiracy to pervert the course of public justice and conspiracy to defraud the State of Trinidad and Tobago.”

He pointed out that “in terms of the acceptance of any investigative findings, both in the courts of justice as well as the court of public opinion, such a course prevents any unfair allegation of bias being made about the Office of (the) Attorney General or the incumbent (Ramlogan) and ensures that any police investigation is not in any way contaminated.”

Cut and paste info
Sobion-Awai had made findings in the case of Sambury, a prisoner who claimed to have been beaten by police officers at the holding cell of the Princes Town Magistrates Court in October 2010, including false medical claims not supported by evidence. While the State accepted liability in his case, it disputed the gravity of injuries the prisoner claimed he sustained.

Sobion-Awai also raised concerns regarding the wholesale “cut and paste” of information in Sambury’s witness statement from a separate matter involving another prisoner, Jamal Fortune, which were intended to “mislead the court.” “To my mind, it was implausible that two persons could experience separate events involving different persons in such an identical manner,” Sobion-Awai stated. The assessment of what Sambury is entitled to comes up for hearing on May 21.

Bring on probe
Both Ramlogan and attorney Gerald Ramdeen, the lead advocate in the Sambury case, last night said they welcomed the criminal investigation and hoped for a speedy resolution. Speaking by telephone, Ramlogan said: “I welcome any investigation by anyone, anywhere, anytime into this or any other case so that the public can be reassured that the legal business of the State is being conducted with the utmost independence and integrity.

“It is my hope there will be a swift investigation into this matter because it does not bode well for public confidence in the administration of justice.” Ramlogan said in the Sambury case, the lawyers from the solicitor general and chief state solicitor department would have to defend, justify and explain the position they adopted in the matter and “therefore this investigation can only lead to a vindication of my ministry.” Ramdeen, in a separate telephone interview, said he was “confident that in the end my name will be cleared.

“I welcome the intervention of the DPP in this matter to finally bring a resolution to all the questions that have been asked,” he added.

A United States federal judge has ordered Google to hand over the secret e-mail records belonging to Attorney General Anand Ramlogan and Prime Minister Kamla Persad-Bissessar so that the Integrity Commission can unravel claims of a criminal conspiracy.

The ruling from Judge William Orrick came three days after the commission filed a lawsuit in the US District Court in the Northern District of California.

A copy of the judge's ruling was posted yesterday on the Courthouse News Web site.

The judge has granted a two-week window from August 14 to allow Google to challenge his ruling.

Ramlogan disclosed for the first time last week that he too had filed a lawsuit against Google in June 2013 seeking to preserve his records to help clear his name in the E-mailgate scandal.

The application sought to obtain records from the following e-mail addresses—anand@gmail.com; anand@tstt.net.tt and kamlapb1@gmail.com.

According to the judge's ruling, the PM has not confirmed that any of the e-mail addresses belong to her and Ramlogan denies that he has a gmail account, but has consented to search of his e-mail account at anand@tstt.net.tt which is controlled by Google.

According to the court document, Suruj Rambachan, now the Works and Infrastructure Minister, and Gary Griffith, now the National Security minister, have confirmed that the Hotmail accounts - surujrambachan@hotmail.com and captaingarygriffith@hotmail.com - belong to them and have authorised Microsoft to release their records to the Integrity Commission.

In relation to a request relating to an account bearing the address anan@gmail.com, Google has confirmed that it does not exist.

Among the factors the judge considered, according to his ruling, were

(i) whether 'the person from whom discovery is sought is a participant in a the foreign proceeding'

(ii) 'the nature of the foreign tribunal, the character of the proceedings underway abroad and the receptivity of the foreign government or the court or agency abroad to US federal court judicial assistance'

(iii) whether the request 'conceals an attempt to circumvent foreign proof gathering restricting or other policies of a foreign country or the United States' and

(iv) whether the request is 'unduly intrusive or burdensome.'

The judge concluded that the discretionary factors weighed in favour of the Integrity Commission.

He said the information being sought concerned three e-mail accounts and an affidavit to authenticate certain e-mails and one of the account holders has already given consent to access his accounts.

History of complaint

The investigation was launched after Opposition Leader Dr Keith Rowley read an e-mail thread dating back to September 2012, purporting to be a discussion between AG Anand Ramlogan, Prime Minister Kamla Persad-Bissessar, Minister Suruj Rambachan and then national security adviser Gary Griffith.
The contents of the e-mail, which bore similar addresses of the named politicians, disclosed a criminal conspiracy to remove the Director of Public Prosecutions Roger Gaspard from office by getting the Chief Justice Ivor Archie to appoint him as a judge of the High Court, harm investigative reporter Denyse Renne, and the payment of an undisclosed sum of money to an unnamed person.
The e-mails were exchanged in the midst of the Section 34 scandal, which in effect created a law would have benefitted United National Congress financiers Ishwar Galbaransingh and Steve Ferguson, who were charged with a series of criminal offences relating to the $1.6 billion Piarco Airport Development Project.
Renne's article in the T&T Guardian prompted public outcry and the law was eventually repealed during an emergency session of Parliament.
A parallel investigation was also launched by the police and the Guardian has been reliably informed that a request to the Central Authority, a department under the Attorney General's Office, was made last month to approach the United States Justice department for assistance in obtaining the e-mail records.
In that investigation, Gaspard has been interviewed and the police have obtained an unsigned statement from Archie.​

The man who pumped five bullets, at close range, into the head and body of Senior Counsel Dana Seetahal has been identified as one of three men killed in a police shootout at Freeport on Wednesday. Senior police officers who are directly involved in Seetahal’s murder probe confirmed yesterday that David “Junior” Baker, 28, was one of the key suspects involved in the well-planned assassination.

The officers spoke on the strict condition of anonymity as they were not authorised to disclose the sensitive information relating to the case. Deputy Commissioner of Police (Crime) Glenn Hackett offered no comment when questioned about Baker’s involvement in Seetahal’s murder yesterday. But police said Baker’s death has not seriously  affected their investigations into the murder.

Commenting on the development, Seetahal’s sister, Susan Francois, the director of the Financial Intelligence Unit, said: “If he (Baker) was one of the persons involved then I would hope the police would move speedily to get the others involved and bring them to justice. 
“Do they want a repeat of the Selwyn Richardson result?” she asked. 
Richardson, 59, a former attorney general and minister of national security, was shot dead by two hitmen in his Cascade driveway on June 20, 1995.

Two men identified as his assassins, Jamaat al Muslimeen members Abdul Quadir and Curtis Felix, were both themselves murdered days after Richardson’s killing. No one has ever been brought to justice for Richardson’s killing. 

Seetahal, 58, who worked closely with the Office of the Director of Public Prosecutions as the lead prosecutor for several high-profile cases, was ambushed shorly after midnight on May 4 along Hamilton Holder Street, Woodbrook, as she made her way to her One Woodbrook Place apartment. 

She also worked closely with the United States Embassy giving advice on key proposals to reform the criminal justice system. 
Seetahal’s murder sent shockwaves across the criminal justice system, crippling key office-holders with fear and prompting acting Commissioner of Police Stephen Williams to assemble one of the most diverse and experienced investigative teams to solve it. 
Williams is on record as saying Seetahal’s murder is the number one priority of the Police Service. The team includes personnel from the Homicide Bureau, Criminal Gang Intelligence Unit, Cyber Crime Unit, Special Branch and the Strategic Services Agency. The investigators are being assisted by data analysts and other technical experts, including agents from the US Federal Bureau of Investigations and other experts from the United Kingdom. 
Within hours of Seetahal’s murder CrimeStoppers offered a $1 million bounty for information leading to the successful arrest and prosecution of those responsible. That figure was increased to $3.5 million by the Government. That reward remains unclaimed.

Details of hit
Investigations have so far revealed that Seetahal was followed after she left the Ma Pau casino on Ariapita Avenue, Woodbrook, and was ambushed near the Woodbrook Youth Facility and killed.

Police said a panel van, which had been parked near the youth facility blocked her path, and two men, one armed with an assault rifle and another with a handgun, walked up to her Volkswagen Touareg. 

The man with the machine gun fired several shots in the air, leaving behind close to 15 spent 5.56 ammunition shells, while the other, now identified as Baker, stood near the driver’s door and fired repeatedly at his target. 

Forensic analysis revealed that the shots were fired so close that gunpowder residue was found on Seetahal’s face and clothing.

Acting Police Commissioner Stephen Williams said yesterday that it would be inappropriate for him to comment on reports that one of the men killed by police in Freeport on Tuesday was a suspect in the Dana Seetahal murder investigation. Williams, in an interview with i95.5 fm yesterday, would only say the investigation was ongoing.

“I can give the public the assurance the Police Service continues to vigorously pursue the investigation with the clear intention to bring before the courts persons who are responsible for the commission of the crime,” said Williams. This newspaper reported yesterday that David “Junior” Baker, 28, was identified by police investigators involved in Seetahal’s murder probe as the man who shot the Senior Counsel five times, at close range, with a pistol, on May 4, along Hamilton Holder Street, Woodbrook.

Police officers involved in the investigation said Baker’s death would not have a serious impact on their investigations. The story generated scepticism from many readers on social media sites with the majority commenting that it was all too convenient to pin the blame on the dead man. National Security Minister Gary Griffith said he had no official report from the acting Commissioner of Police that the person identified in a Guardian report was the hitman in Seetahal’s murder or was a person of interest in the case.

“I have not been updated. I will not make any statement pertaining to any matter under investigation,” said Griffith. “Even if it is true, I do not feel it is appropriate to make any statement.” Baker, his nephew Kareem Edwards, 19, and friend Reuben Richins, 23, all of Petra Crescent, La Horquetta, were killed when police officers assigned to the North Eastern Task Force raided a rented apartment at Kurban Ali Drive, Calcutta #2, Freeport. 

Police said Baker had moved into the apartment days after Seetahal’s murder with his girlfriend, one-year-old child and nephew.

National Security Minister Gary Griffith has been identified as a critical witness in the criminal investigation of misbehaviour in public office against Attorney General Anand Ramlogan, according to reliable police sources.

The information came as acting Deputy Commissioner of Police in charge of Operations, Harold Phillip, began his probe into the latest criminal allegation linked to the infamous Section 34 fiasco.

Contacted for comment yesterday, Griffith would only repeat: “I have no comment to make on that matter.”

But sources said Griffith intended to co-operate with police investigators in the matter.

West yesterday submitted a detailed signed witness statement to the police in support of his complaint that the Attorney General tried to get him to withdraw a witness statement he filed in defence of a defamation lawsuit between Ramlogan and Opposition Leader Dr Keith Rowley relating to the Section 34 matter. 

This triggered acting Police Commissioner Stephen Williams to appoint Phillip to assemble a team to probe the allegation. West has also been provided with a security detail.

Sources said investigators will pore over a chain of events which will take them to the Hall of Justice, Port-of-Spain, to examine court records and through the telephone records of West, Ramlogan and Griffith among other people.

Sources said West last year had confided to a politician about attempts being made to influence him in a court matter. The attempts were made on the same day the High Court gave a decision in the defamation lawsuit against Rowley, police sources said.

Ramlogan, in a detailed press release on Monday, denied West’s allegations that he attempted to influence him to withdraw the witness statement in exchange for his appointment as director of the Police Complaints Authority.

That position, under the Constitution, requires consent from both the Prime Minister and Opposition Leader before it is sealed by the Office of the President.

Yesterday, members of the media gathered outside the AG’s offices, St Vincent Street, Port-of-Spain, after rumours spread  he was about to resign and make a statement at a press conference to that effect.

 The AG was visited by Communication Minister Vasant Bharath and attorney Wayne Sturge at one point but no press conference materialised and the AG subsequently sent out a release in which he welcomed the probe on the matter.

Emailgate not going away

In a statement yesterday, AG Ramlogan called for a speedy enquiry and labelled the allegation part of a “political conspiracy.”

Prime Minister Kamla Persad-Bissessar, Ramlogan, Griffith and Works and Transport Minister Suruj Rambachan were identified in a separate criminal investigation relating to the Section 34 matter, now dubbed Emailgate.

It was Opposition Leader Dr Keith Rowley, who in May 2012 disclosed in Parliament a thread of e-mails purportedly being exchanged between the four politicians in the wake of the passage of legislation which was tailored to benefit political financiers Ishwar Galbaransingh and Steve Ferguson, who were facing a series of fraud charges relating to the $1.6 billion Piarco Airport Development Project.

That matter, subject to two investigations by the Integrity Commission and the Police Service, are yet to be completed. 

The probe by the Integrity Commission has progressed somewhat with e-mail service provider Google to comply with a subpoena in a California, USA court to hand over the e-mail records of Ramlogan and Persad-Bissessar.

The police matter is now lodged with the United States Department of Justice, the T&T Guardian learned.

The conspiracy detailed in the thread of e-mails disclosed a plot to spy on Director of Public Prosecutions Roger Gaspard, remove him from office by influencing Chief Justice Ivor Archie to appoint Gaspard to the High Court bench and harm investigative journalist Denyse Renne among other things.

The four politicians have previously denied any wrongdoing in the Emailgate matter and described the thread of e-mails as a fabrication.

Panic set in across Central and South Trinidad today, as reports circulated that oily substance water was flowing through part of the nation's water supply, prompting several parents to remove their children from school.

TTUTA has advised teachers to dismiss schools if they think that the water in their system in unfit for drinking. TTUTA President Devanand Sinanan said that some schools were already being dismissed.

WASA, in a statement issued at 8.41 am, said that operators at the Caroni Water Treatment Plant, observed an oily substance in the Caroni River at 7.15 pm on Tuesday.

This prompted an immediate shutdown of the plant, which supplies most of the country. Efforts were made to flush the system of the contaminant, the release said.

WASA said the facility was re-started at 12.45 am today, after the river was cleared of the oily substance. WASA assured that the supply met World Health Organisation standards, but advised customers not to use water if it smelt like kerosene.

WASA also advised customers to empty their water tanks and clean the vessels before refiling with a clean supply. The Environment Management Authority is investigating the source of the contamination.

In a separate statement, issued by the Office of Disaster Preparedness and Management (ODPM) at 11.20 am today, the agency said it was monitoring the situation along with WASA, the Environmental Management Authority (EMA), the National Operations Centre (NOC), the Ministry of Health, the Ministry of Education, Ministry of Local Government and the first responder agencies (T&T Fire Service, T&T Defence Force, T&T Police Service and the Disaster Management Units.)

Citizens are urged to be mindful of the following safety tips:

• Do not utilise the water if you are experiencing a kerosene-like smell. Allow the supply to run until it clears.
• Consume bottled water for drinking and cooking
• If you have stored supplies which may have become contaminated, you may need to empty and clean the walls of your tanks with household cleaning agents before refilling.
• If you have been affected, call the ODPM’s Customer Care Centre at 511 to make a report.

Among the areas possibly affected:

North Trinidad served by the Valsayn Booster Station A & B:

• Saddle Road, San Juan Bagatelle
• Laventille Road, Febeau Village Success Village, Laventille
• Malick Trou Macque

North Trinidad served by the El Socorro Booster Station:

• Barataria St. Ann’s
• Morvant Cascade
• East Dry River Dibe, Long Circular
• Port-of-Spain St. James
• St. Barb’s Cocorite
• Gonzales Belmont

Central and South Trinidad:

• Piarco Caroni North and South Bank Road
• Cunupia Endeavour
• Chaguanas Jerningham Road
• Lange Park Longdenville
• Felicity California
• Caroni Savannah Road Korea Village
• Bank Village Waterloo
• Carapichaima St.Mary’s
• Mc Bean Couva
• Windsor Park Esperanza
• Claxton Bay parts of Philippine
• Southwest peninsula from San Fernando to Point Fortin
• Debe Penal
• Siparia Fyzabad

Murdered state prosecutor Dana Seetahal was never offered the job as attorney general, Prime Minister Kamla Persad-Bissessar says. The Prime Minister made the comment in response to a front-page report in the weekend Mirror, which based its story on an e-mail purportedly sent by Seetahal to an employee in the Ministry of the Attorney General six days before she was killed. Asked on Saturday whether she had ever offered Seetahal the job as attorney general to replace Anand Ramlogan, the Prime Minister responded, “Not true.” 

Also contacted for comment, the employee allegedly involved in the dialogue with Seetahal, Cecly Ann Mitchell, the former director of communications at the ministry, said all e-mails exchanged between herself and Seetahal “were work related, public and the contents were often shared with other members of staff.” The removal of Ramlogan had been bandied about as a possible motive for Seetahal’s killing after the story was reported on the weekend. 

But yesterday, Mitchell suggested to the police probing the case that a search of the computer server at the Ministry of the Attorney General could clear up any ambiguity on the contents of the e-mails she exchanged with Seetahal. She said her “working relationship” with Seetahal was “initiated by the former AG Anand Ramlogan” with respect to organising a workshop on plea bargaining for criminal matters in April 2014.

But Mitchell said she demitted office in October 2014 and no longer had access to the e-mails she exchanged with Seetahal. Ramlogan resigned on February 2 in the face of allegations that he attempted to influence Director of the Police Complaints Authority David West to withdraw his witness statement in a civil lawsuit in support of Opposition Leader Dr Keith Rowley. He was replaced by Garvin Nicholas.

Ramlogan mum

Contacted on Saturday as well, former attorney general Ramlogan offered no comment on the Mirror story. A source close to Seetahal’s family also dismissed the story, saying that she would have never accepted a “political appointment.” One close relative said yesterday that Seetahal also never mentioned anything about an offer from the prime minister to be attorney general, and if such an offer was made, she would never accepted it because it would have meant she would no longer be independent.

The family source said the first part of the e-mail “sounds genuine” but noted Seetahal would never have had to tell someone she trusted to keep their conversation private. “The second part does not sound like her,” the relative said. The T&T Guardian has obtained what appears to be an e-mail submitted by Seetahal to Mitchell on April 29, 2014. The e-mail bears some resemblance to one published by the Mirror newspaper but differs significantly.

In a response to a text message yesterday, Irene Medina, the editor of the Mirror newspaper and the author of the story, said she was standing by her story.

Woodbrook ambush

Dana Seetahal, 58, was shot dead on May 4, 2014 after she left the Ma Pau Casino in Woodbrook. She was followed by her killers and intercepted near the Woodbrook Youth Facility on Hamilton Holder Street. She was shot five times at close range with a handgun, forensic investigations revealed. Seetahal, a former Independent Senator, newspaper columnist, law association president, and a leading advocate in high-profile criminal prosecutions for the Office of the Director of Public Prosecutions, had been threatened by a radical Islamic group in the past.

A letter sent to Justice Mark Mohammed, signed by more than 100 prisoners, claiming that they are being persecuted because of the Muslim faith, is among the items being investigated by police as they try to find a motive behind her murder, reliable sources have said. The Police Service has made Seetahal’s investigation its number one priority and acting Police Commissioner Stephen Williams said recently that the investigation was nearing completion.

The e-mails

Published by the Mirror newspaper
 
From: Dana Seetahal danaseetahal@gmail.com
Date:Tue, Apr 29, 2014 at 5.59 PM
Subject: Thanks
To:-----
 
Dear ------
This is just a note to say thanks for all you did to make the Workshop the success it was and for your words of advice on the other matter. I am relying on your professionalism and integrity to keep our conversation private. As I indicated-----there are issues I must consider before I accept that offer. I certainly don’t want to you to be caught in the cross fire. 
I appreciate it.

DSS
Dana S Seetahal SC
El Dorado Chambers
120A St Vincent Street
Port of Spain
(p) 868 625 0552
(f) 868 627 9782
 
Obtained from Dana Seetahal’s 
e-mail archive
From: Dana Seetahal <danaseetahal@gmail.com>
Date: 29 April 2014 at 17:59
Subject: Thanks
To: Cecly Ann Mitchell <ceclyannmitchell@gmail.com>

Dear Cecly
This is just a note to say thanks for all you did to make the Workshop the success it was.

I appreciate it.

DSS
Dana S. Seetahal SC
El Dorado Chambers
120A St Vincent Street
Port of Spain
(p) 868 625-0552
(f) 868 627-9782 

Opposition Leader Dr Keith Rowley last night revealed for the first time his private conversation with former Integrity Commission chairman Ken Gordon in the E-mailgate affair.

He also said he had hired Ramesh Lawrence Maharaj to defend him against the impending lawsuit to be brought by Prime Minister Kamla Persad-Bissessar in the matter.

Speaking at a public meeting in Marabella, Rowley said after he had gotten a thread of e-mails bearing similar addresses as those of Prime Minister Kamla Persad-Bissessar, then attorney general Anand Ramlogan and two other politicians, Suruj Rambachan and Gary Griffith in 2011, he took them to then president George Maxwell Richards.

Richards, in turn, forwarded the e-mails to the Integrity Commission. After six months had elapsed, Rowley said he tried to find out the status of the investigation, but when he called for the chairman of the Integrity Commission he did not reach him.

He said while on the way to his home, Gordon returned his call and asked him if the matter he wanted to discuss was urgent.

It was in that scenario, Rowley said, that he went to Gordon's home and asked him one question.

Whether the matter was being investigated? He said Gordon's response was no.

In May 2012, Rowley referred to 31 e-mails in Parliament which outlined a criminal plot to bug the Office of the Director of Public Prosecutions, an offer of judgeship to the DPP and a plot to harm an investigative journalist who was probing the circumstances relating to the passage of legislation which favoured two political financiers in the Secton 34 matter.

Rowley said last night that Ramlogan and former sports minister Anil Roberts were among those who were quick to accuse him of fabricating the e-mails.

He said he would have been stupid to fabricate the e-mails and then take them to the President and ask for a probe.

Acting Police Commissioner Stephen Williams on Tuesday confirmed that the police service had received a "voluminous" file from US e-mail service provider Google Inc. and that they were in the process of analysing the information.

On Monday, at a political meeting in Brazil Village, East Trinidad, Persad-Bissessar signalled her intention to sue Rowley for defamation in relation to the E-mailgate allegations.

Rowley said last night he was prepared to defend himself and had only today retained Persad-Bissessar's political adversary, former attorney general Maharaj, to lead his legal team, and intended to call another, former prime minister Basdeo Panday, to see if he was willing to also represent him.

He said if the lawsuit becomes a reality he intends to call the DPP and the Chief Justice as his defence witnesses.

Rowley also called on the police to reopen the case involving official Judiciary documents being found in a lawyers’ office and launch a criminal probe into how judgment in default was entered against him in a defamation lawsuit filed by Ramlogan.​

A five-year old sealed criminal investigation into how a box containing confidential Supreme Court documents ended up at the office of an attorney has been re-opened by the acting Commissioner of Police Stephen Williams.

Williams’ decision follows claims by attorney Mark Seepersad that police investigating the case allegedly fabricated his statement. Williams yesterday appointed Assistant Commissioner of Police Simon Lendor to reopen and review the case file.

The investigation, which was closed in February 2011, will now take investigators into some of the highest offices in the country as they seek to find the truth.

Lendor, a seasoned detective now in charge of the Homicide Bureau, who previously headed the Organised Crime, Firearms and Narcotics Bureau, has also been directed “to interview Mr Seepersad and any other person who may be deemed relevant to the investigations.”

The top cop’s decision follows a series of newspaper stories about the credibility of the original police investigation done by Ag Insp Guevarro, who was then attached to the Special Branch, the unit of the Police Service which gathers intelligence and also serves as bodyguards for the nation’s highest office holders, including the President, Prime Minister and Chief Justice.

It also follows the disappearance of the Guevarro’s original report from the Office of the Commissioner of Police, at Police Administration Building, Port-of-Spain, and subsequent recovery of it after the story broke. 

The report compiled by Guevarro was submitted to his then boss, Snr Supt Surajdeen Persad, the T&T Guardian was reliably informed. 

Case background

On February 23, Seepersad met with Chief Justice Ivor Archie at the Hall of Justice, Port-of-Spain, after the Judiciary issued two statements on February 13 and February 19.

In the first, the Judiciary stated that a police investigation into the discovery of court documents at the Port-of-Spain office of an attorney almost five years ago unearthed no criminal wrongdoing. 

“The matter was referred to the (TTPS) for investigation in November 2010. A report from the TTPS said the investigation was submitted to the Judiciary in May 2011. The report indicated that, after the interview of various individuals, no further police action in the matter was found to be warranted.” 

It further stated that “no disciplinary action was taken by the Judiciary against the officer involved in the incident and she has since left the organisation.”

But six days after that statement was made, the Judiciary issued a second statement saying: “The Judiciary notes recent comments in the media which assert that Mr Mark Seepersad, attorney-at-law, alleges that he was never interviewed in relation to a matter involving court files found in the office of an attorney at law.

“The Judiciary is puzzled by these reports as it can confirm that it is in possession of a TTPS report dated 10th February, 2011 which states that Mr Seepersad was indeed interviewed and which gives details of his responses.” 

 Seepersad subsequently wrote to Williams on February 27, pointing out that what purports to be his statement in Guevarro’s file was a “cut and paste” of sentences of a letter he had written to the Registrar of the Supreme Court, Evelyn Ann Petersen, on November 15, 2010, giving details about the discovery of the confidential documents.

He also sent letters to the acting Commissioner of Police that same day and subsequently wrote to the Director of Public Prosecutions Roger Gaspard SC, on March 2.

Similar claims to Prisongate​

In the course of Lendor’s investigation, among the people he may have to interview are Seepersad’s former chamber partner, attorney Gerald Ramdeen, former Judicial Support Officer Asha Harripaul and former Registrar of the Supreme Court Evelyn Ann Petersen.

Ramdeen is also the subject of a separate criminal investigation, Prisongate, where it is alleged that concocted civil claims of assault and battery were being filed against the State and settled for significant sums of money. 

Ramdeen did not return messages seeking comment yesterday, but previously said the investigation had been closed and the documents found were not confidential.

In August 2013, former Solicitor General Eleanor Joye Donaldson-Honeywell had complained directly to Prime Minister Kamla Persad-Bissessar about the allegations, but the PM referred the matter back to her boss, then attorney general Anand Ramlogan, for investigation. Donaldson-Honeywell subsequently resigned and is currently in private practice.

Harripaul, a close friend of Ramdeen, had been working in the chambers of then Justice Lennox Deyalsingh in 2010, when she claimed she did not have any desk space to keep her work-related documents, and left them at Ramdeen’s chambers at Stone Street, Port-of-Spain. She previously worked in the Registrar’s Chambers where sensitive court records are kept, the Guardian learned.

In his initial letter to Petersen, on November 15, 2010, Seepersad said his partnership with Ramdeen ended in October 2010, with Ramdeen moving out. Seepersad said Ramdeen left behind a number of boxes, files and furniture. While clearing the stuff, Seepersad said he found “a cardboard box” which contained a number of documents which “to my mind, appeared to be documents of the High Court and, in particular, the Registrar’s Chambers. I also found a hard covered note books which was labelled ‘File Movement Book” of Justice Deyalsingh. I formed the view that these documents were the property of the High Court and as such should be in the custody of the Registrar of the Supreme Court.” He subsequently turned them over to Petersen.

Seepersad’s response​

On Thursday, Seepersad told the Guardian he was “relying on Gaspard to do something.” He said the DPP was the only person who had shown him he was willing to do anything in the matter. Gaspard did not respond to phone calls or text messages yesterday.

In an immediate response to Williams’ decision yesterday, Seepersad, who has maintained he was never interviewed by Guevarro during the investigation, said, “I am naturally pleased by the decision of the acting Commissioner of Police. That was the only appropriate and responsible thing to do. I expected the investigation to be re-opened.”

In a subsequent, e-mailed response, Seepersad said, “I received a letter from the Commissioner of Police in which he informed me that he had appointed an Assistant Commissioner to deal with the issues raised relative to the conduct of the investigation into the circumstances in which I discovered documents belonging to the High Court.

“I expect that any investigation at this time will also encompass the fabrication of the interview and the responses falsely attributed to me. My sole interest remains the outcome of an investigation into the fabrication of an interview with me which found its way into a police report. Notwithstanding this, I stand ready to assist the TTPS with any investigation.”

E-mail to CoP​

On Thursday, a series of questions were posed to acting Commissioner of Police Williams on the matter through communications manager of the TTPS Ellen Lewis.

On the political platform on Wednesday night, the Opposition Leader Dr Keith Rowley, made a call for the TTPS to re-open its investigation into allegations that sensitive documents were removed from Hall of Justice and left at the chambers of a private attorney given the public statements made attorney Mark Seepersad.

Seepersad claims that he was never interviewed by police during the probe and alleged that what purports to be his statement was a concocted document which bore similar statements from his letter to the Registrar of the Supreme Court.

I understand that Mr Seepersad has written to the acting Commissioner of Police asking him to satisfy himself on the contentious issue of whether he was in fact interviewed or not. 

Can you say, if the acting Commissioner has responded to Mr Seepersad's correspondence and does he intend to re-open the case?

Response from CoP

The Commissioner of Police (Ag), Stephen Williams, confirms receipt of a correspondence from attorney-at-law, Mark Seepersad, in which issues were raised relative to the conduct of the investigation, into the circumstances surrounding the discovery of Supreme Court of Judicature documents at Unit 1, Stone Street, Port-of-Spain.

A report of that investigation was submitted by the investigator 13364 Sgt Guevarro, in February 2011, which was referred to the then Commissioner, Dwayne Gibbs.

Mr Gibbs thereafter formally notified Court Executive Administrator, Ms Michelle Austin, of the outcome by letter dated February 18, 2011.

The Commissioner of Police today, March 6, 2015, appointed ACP Simon Lendor to review the case file and he has been directed to interview Mr Seepersad and any other person who may be deemed relevant to the investigation.​

Owners of 25-seater maxi taxis, who invested on average of over $600,000—on a government promise of getting hefty tax rebates to increase the seating capacity for passengers as long as 15 years ago—began collecting their money yesterday.

A total of 19 owners collected cheques totalling almost $2 million at the Ministry of Transport, Tower D, Waterfront Complex, Port-of-Spain. The remainder of the money will be distributed in two other tranches to the other 248 recipients.

Vice-president of the Association of Maxi Taxis Linus Phillip said in 2005 maxi taxi owners were approached by then transport minister Franklin Khan to upgrade to big maxis with a promise of getting Value Added Tax (15 per cent) and Motor Vehicle Tax refunded. 

The average cost of a 25-seater is about $600,000 and Motor Vehicle Tax stands at $33,700 and VAT refunds averaged at $90,000.

Government’s commitment to refund the outstanding money was announced by Finance Minister Larry Howai in the 2014 budget statement. 

Howai, whose staff played a critical role in assessing the 267 applications, was scheduled to attend yesterday’s event but was absent. A total of $35 million has been budgeted to meet all outstanding payouts.

Permanent Secretary in the Ministry of Transport Verna Johnson said 99 per cent of all applications had been approved with one application still being assessed.

Transport Minister Stephen Cadiz applauded the maxi taxi associations for working with the government to resolve the long-standing issue. He assured that “all outstanding issues” would be closed, including the use of the City Gate transportation hub, Port-of-Spain, and the maintenance of the facility. 

The maxi taxi associations had challenged a one dollar a trip user fee imposed in 2001 by the Public Transport Service Corporation and won their case in the Privy Council in 2010. 

Phillip said an audit of that matter was still pending as to how maxi taxi owners can be refunded. Phillip said not much headway had been made on that matter but was optimistic that the matter can be resolved through dialogue.

He said the settlement of the rebate on taxes was a “ very long, dreary, process” and some members of the association had lost hope in ever getting the money.

He congratulated his membership for their patience saying that it was “not everything you have to protest for.”

President of the Association of Maxi Taxis Eon Hewitt urged maxi taxi owners to “use the money wisely.” 

One recipient, Rickie Balgobin, who bought his big maxi in 2009, said he had lost hope of getting the refund but intends to use his unexpected wealth to invest “in a piece of land or housing.” He suggested the taxes should have been subtracted at the time of purchase of the vehicle so that the loan would have been reduced.

Stamping out corruption

​Cadiz said he was optimistic that legislation governing the creation of the Motor Vehicle Authority (MVA), scheduled to be debated in the Senate on May 12, would radically transform the current Licensing Authority. 

He said the headquarters of the MVA, located in Caroni, was 97 per cent complete and anticipated that it would be in operation by June. 

He said he was aware of allegations of corruption at the Licensing Authority for almost every transaction and believes the computerisation of the system would prohibit such occurrences. 

The MVA, he said, would create a business-like system, efficient and effective, with applications being dealt with in “real time.”

The new system would also help in identifying vehicles five years and older which needed to be inspected, he said.

Cadiz said there were also plans to construct an elevated pedestrian walkover from City Gate—connecting the Waterfront Complex, the Ferry Service and the Water Taxi Terminal.

Phillip said the association also had a proposal to create an inner-city transportation network, with CNG vehicles to reduce the carbon footprint and confront the illegal PH taxis. 

He said at present “people are like wild chicken all over the capital” looking for PH taxis to get to their destination and that was not effective or reliable.

Chief executive officer of the state-owned media company Caribbean New Media Group (CNMG), Ken Ali, one of the main architects behind the privately funded pro-Opposition weekly newspaper, The Voice, has been sacked from his job.

A letter, signed by company chairman and former Independent Senator Helen Drayton, terminated his contract with immediate effect yesterday, hours before Finance Minister Colm Imbert began delivery of the 2015-2016 budget in the House of Representatives.

The move came a day after Communication Minister Maxie Cuffie told regional journalists at the Association of Caribbean Media Workers’ eighth biennial general assembly that $90 million had been spent by CNMG and other state-run media entities over the last year.

Informed sources said yesterday an audit into the company is likely to be launched to examine how that money was spent. One of the projects under review will be Project Icon, which had a budget of $50 million. 

At his appointment a month ago, Cuffie said the time had come to revisit the Government’s role in managing media houses and said his mission was to find a way to insulate the media organisations from political control.

Last month, two other executives of the state-owned Government Information Services Ltd (GISL), chairman Tony Deyal and CEO Andy Johnson were also axed.

Deyal had been the creator of the “Voices” project and “Your Government Working for You” ads, which had been criticised by the then Opposition People’s National Movement.

Another casualty yesterday was freelance radio talk show host Marcia Braveboy, who had a programme on Talk City 91.1 FM. She too was served with a letter terminating her contract with immediate effect. Her last six-month contract was signed on July 10.

In response, Braveboy, who earned $10,000 a month, took to Facebook to express her displeasure.

Ali, a veteran newspaper journalist joined CNMG in 2010 and his latest two-year contract was signed on August 1, 2014. He earned $40,000 a month with use of a fully maintained company vehicle and cellular phone. He was also entitled to a $3,000 entertainment allowance.

The T&T Guardian understands his contract was terminated under a clause which referred to his unsatisfactory performance against his agreed Key Performance Indicators (KPI).

In the coming days other staff are expected to be fired, including an executive producer in the news and current affairs department who featured prominently during the live broadcasts of the PP’s election campaign and another high-profile talk show host, sources said.

British High Commissioner Tim Stew said yesterday the High Commission “stands ready to provide support to the (Wheeler) family in this difficult time.”

In a telephone interview, he confirmed the deaths of British national Richard Wheeler and his wife Grace. 

Stew, who described the double murder as a “tragic incident,” said it was “too early” to determine if there was any connection to any other crime that happened in Tobago. 

Acting Commissioner of Police Stephen Williams said yesterday he had dispatched the head of the Homicide Bureau, ACP Vincel Edwards, and a team of investigators to Tobago to investigate the matter.

He said he did not have any feedback from the investigators and therefore could not say if the double murder was linked to any previous attacks against foreigners on the island.

In a statement yesterday, the Law Association described the incident as a “most vicious attack” and called for “an immediate and thorough investigation.” It also pleaded with members of the public to assist the police in providing the necessary information that would lead to the arrest and conviction of those responsible.

The association also expressed its “deep concern over the increase in the rate of murders” in T&T. The murder toll now stands at 350.

The association also expressed its condolences to the family of the Wheelers “for the tragic loss and urges the police to do all within its powers to bring the perpetrators before the courts where justice shall be served.”

The association described Richard Wheeler as a “distinguished member of the legal profession”. 

Staff at the Lex Caribbean in Port-of-Spain were too distraught to speak when contacted yesterday. 

A statement issued subsequently by Lex Caribbean partner, Bronock Reid, stated: “Richard and his wife, Grace, have fallen victim to the scourge of crime that negatively affects the lives of all of us here in Trinidad and Tobago. 

“The news of their untimely passing is extremely shocking and distressing. For those of us who knew Richard and Grace, they will certainly be missed.

“Our thoughts and prayers go out to Richard’s family in this time of grief and pain as well as to his Lex family both in Tobago and in Trinidad. May Richard and Grace rest in peace.”

Anyone with information is asked to contact 800-TIPS, the Old grange Police Station at 639-8888 or the Tobago Homicide Bureau at 635-1649.

As the two-and-a-half-year investigation into Emailgate finally draws to a close, evidence so far unearthed seems to point in one inevitable direction—the case is caving in.

Reliable sources last night admitted that charges were unlikely to be proffered against anyone given the daunting task of proving beyond a reasonable doubt details of a criminal conspiracy involving the most senior government officials of the former People’s Partnership administration.

“Put it this way, we can’t prove or disprove the allegations contained in thread of emails,” a source close to the investigation confided to the T&T Guardian.

“We have been able to corroborate certain events listed in the emails but that can’t stand on its own,” the source added.

With the assistance of the United States Department of Justice and the Federal Bureau of Investigations, local investigators were able to retrieve emails from the accounts of former prime minister Kamla Persad-Bissessar (kamlapb1@gmail.com): former attorney general Anand Ramlogan (anand@tstt.com): former national security minister Gary Griffith (captaingarygriffith@hotmail.com: and former government minister Dr Suruj Rambachan (surujrambachan@hotmail.com) for the month of September 2012.

Sources said investigators were unable to match the emails disclosed in May 2013 by then opposition leader, now Prime Minister, Dr Keith Rowley, to the emails disclosed by US email service providers Google Inc and Hotmail, even though steps were taken in 2013 by the US Department of Justice, acting on a request from the police through the Central Authority Unit, to preserve the archives of the four named individuals.

One investigator said last night that the six-month delay before the emails were made public could have contributed to this. Rowley said in 2013 that he had approached then president George Maxwell Richards and then Integrity Commission chairman Kenneth Gordon, six months earlier, after he received the thread of emails, seeking their intervention. 

It was only after he confirmed that neither office holder had taken any action, did he read the emails in Parliament during a debate of no confidence in then prime minister Persad-Bissessar.

Investigators were able to confirm many details contained in the emails, including an Ash Wednesday meeting in 2013, where Director of Public Prosecutions Roger Gaspard, SC, was summoned to a meeting with Chief Justice Ivor Archie at the Hall of Justice, Port-of-Spain.

Reliable sources said  Gaspard provided a detailed statement to investigators about his meeting with Archie but the Chief Justice requested investigators to put their questions in writing and he responded to some but did not affix his signature to the document.

It was alleged in the emails that Archie was being pressured by government ministers to appoint Gaspard as judge of the High Court but Gaspard, who has the final say on whether criminal charges can be filed against someone or not, never applied for such a post. 

Another claim made in the emails was to spy on the DPP to know his every move.

A June 3, 2013 Special Branch report, signed by Supt Gary Gould, then head of the Special Branch of the Police Service, also confirmed that during a sweep of the DPP’s Richmond Street, Port-of-Spain, head office, evidence was found that someone was using high-tech lasers to listen in on conversations in the main conference room and one of the main meeting rooms.

Gaspard has recused himself from advising police investigators in the matter, since he was a material witness and appointed Deputy DPP Joan Honore-Paul to deal with it. Honore-Paul had to caution Persad-Bissessar in May 2015, after the Integrity Commission concluded its probe, saying the police were far from done with their investigations and the case was still wide open. 

She had publicly chastised Persad-Bissessar after the then prime minister called for an end to the probe in the face of a document from the United States Department of Justice.

Honore-Paul stated then that it was wrong for Persad-Bissessar to release the contents of US DOJ report, which was provided to the police, saying that the treaty under which this information was provided prohibited anyone else other than the national security parties probing the matter to use it.

Persad-Bissessar had used the document during a motion of no confidence against Rowley, which resulted in his suspension from Parliament over his claims related to Emailgate two years earlier. 

Emailgate history

The Emailgate allegations were first made public by Dr Keith Rowley on May 20, 2013, when he read in Parliament a thread of 31 email messages purporting to be a conversation between four people, whose email accounts bore striking similarities to those of the then prime minister Kamla Persad-Bissessar, then attorney general Anand Ramlogan, then national security advisor Gary Griffith and then government minister Suruj Rambachan.

The conversation focused on the publication of a story in the T&T Guardian newspaper about the proclamation of Section 34 of the Administration of Justice (Indictable Offence) Amendment Act on August 31, 2012; a conspiracy to murder investigative reporter Denyse Renne, who had been pursuing the story, and the removal of the Director of Public Prosecutions Roger Gaspard, SC, from office, among other illegal and nefarious acts.

The proclamation of Section 34 sparked widespread outrage and a spontaneous public demonstration, as it was viewed as specially crafted legislation to benefit United National Congress financiers Ishwar Galbaransingh and Steve Ferguson, who are charged with a series of criminal offences relating to the $1.6 billion Piarco Airport Development Project. 

In the face of the outcry, the then Persad-Bissessar government convened an emergency hearing of Parliament in early September 2013 and repealed the law.

 Former High Court judge and then justice minister Herbert Volney, who introduced Section 34 to the legislation, which in effect provided an escape clause for people charged with serious crimes, including fraud, to seek a dismissal if their cases were not determined within ten years, was fired.

Galbaransingh and Ferguson remain wanted in the United States for fraud offences relating to the same project but a High Court judge ruled that the proper forum for them to face trial was in T&T. The State never challenged the High Court ruling.

The Privy Council last month reserved its decision on a challenge filed by two of the Piarco defendants which challenged the repeal of Section 34 as unconstitutional.

In May 2015, the Integrity Commission closed its parallel investigation into the matter, saying there were “insufficient grounds” to pursue the probe. That statement triggered the sudden resignation of deputy chairman of the Integrity Commission Sebastian Ventour, a retired High Court judge and fellow commissioner Shelly-Anne Lalchan.

Ventour went on to criticise the commission’s chairman Zainool Hosein, a retired Appeal Court judge, saying the statement issued by the body was incorrect. He said the Emailgate investigation and the information the commission received involved just Persad-Bissessar and Ramlogan but said nothing about the other individuals (Griffith and Rambachan) also under investigation. 

Deputy Commissioner of Police Glenn Hackett, who is overseeing the police probe into the matter, said yesterday that the investigators received the information from Hotmail in September and they were currently perusing the voluminous data.

A secret contract millhouse was discovered at the Education Facilities Company Ltd (EFCL) in Maraval, and armed guards have been called in to secure a mountain of potentially damning evidence which points to the illegal manufacturing of backdated tender documents worth hundreds of millions of dollars.

The discovery was made one day after the new board of the state-owned company suspended its Chief Executive Officer Kiran Shah and Chief Operating Officer Sharma Maharaj over claims of impropriety.

Informed sources told the T&T Guardian that a member of the board found the “secret room” on the first floor of the Maraval building, which is opposite the Country Club and also houses the main branch of FirstCaribbean International Bank (Trinidad and Tobago) Ltd. EFCL occupies the second floor of the building and, unknown to staff, another room was rented on the first floor.

Sources said a new board member was stunned after finding three people busy at work in the “secret room” and called in security after realising they were working on EFCL business. The three people in the room, and another who was subsequently found to be part of the same operation, were sent home and their access to information technology at the company was suspended, sources said.

Accounting firm PriceWaterhouseCoopers has been called in to conduct a forensic audit of the company and has already taken a snapshot of the systems used in the ‘millhouse.’

Sources said they have already discovered that the four select employees were hired to create contracts and tender documents for several existing projects which were already paid for in full. This was being done, according to company insiders, to validate the tendering processes to make them appear transparent and legal.

A preliminary report has revealed that contracts worth hundreds of millions of dollars were given out to select contractors in the run-up to the September 7 general election and they were paid in full without any work being done. Two contractors, who are financiers of the United National Congress, have been identified as the major beneficiaries of the scheme, sources said.

Sources said the forensic audit and a criminal investigation by the Anti-Corruption Investigations Bureau, which began in April, triggered this week’s suspension of the two executive officers.

A whistleblower initially went to the police with a 108-page dossier detailing several instances of fraud and mismanagement. This sparked a police investigation centering around the award of several contracts over the last five years.

Sources said efforts had been made to axe the whistleblower but she stood up against her employers.

The T&T Guardian also learned that the execs’ suspensions come mere months after the dismissal of a female civil engineer who clashed with the seniors over the contract with a preferred EFCL contractor. 

Contacted yesterday, recently installed EFCL chairman Arnold Piggott confirmed the suspensions and audit.

“The forensic audit has commenced immediately and the two were suspended with full pay pending the outcome of the investigation,” he said.

An internal memo, penned by EFCL corporate secretary Verity Bynoe and dated November 13, informed the staff about the suspensions. That memo also informed the staff that international accounting firm PricewaterhouseCoopers had been retained to conduct the forensic investigation and urged compliance by all staff members.

Piggott noted that the EFCL’s line minister, Education Minister Anthony Garcia, in his budget presentation, had called for a forensic audit into the spending and award of construction contracts by the former board. 

He said while he did not know how long the audit would take, he was hoping it would be completed in a timely manner “so we can move forward.” He said the future of the two suspended officers depended on the outcome of the investigation. 

“Yes the suspensions are pending the outcome of the investigation,” he said.

While Piggott did not say whether the forensic audit and criminal probe were two separate investigations, the T&T Guardian learned that the two would be running parallel and should be completed within the same timeframe. The forensic audit and the probe will focus on the EFCL’s use of two preferred contractors.

The newly installed board of directors, chaired by the former People’s National Movement (PNM) agriculture minister, met for the second time on Wednesday and immediately suspended the two executives as the investigations began. 

About the EFCL

The EFCL is a special state enterprise formed to build, deliver and maintain modern building facilities utilising best practices in project management. 

Its mandate is to ensure the development of modern and efficient physical infrastructure for the Ministry of Education, and support the strategic goals of the ministry. 

The company has been criticised frequently over its inadequate facilities for several schools which remain incomplete, or fail, leaving hundreds of children without accommodation since the new term opened in September.

More info

This is not the first time the EFCL has faced public scrutiny. 

Contacted yesterday, former line minister Dr Tim Gopeesingh would only detail the line of approvals and payment structure between EFCL and the ministry, saying that everything went through the ministry’s permanent secretary and that it was all done above board. 

Back in 2012, then opposition member, now Finance Minister Colm Imbert, described the operations at EFCL as enabling a “feeding frenzy.” Gopeesingh had said then that an audit into EFCL was already in progress and a team from the Finance Ministry was examining operations at EFCL.

Imbert had raised suspicions of “irregularities” in the award of contracts by EFCL and had called for a forensic audit into several scopes of works, including electrical upgrades at Tranquillity Government School and Lakshmi Girls’ Hindu College. Imbert also claimed then that former minister in the Ministry of Education, Clifton De Coteau, used his position to help a friend benefit from EFCL contracts. 

The Police Complaints Authority (PCA) has recommended that the former head of Special Branch be charged for his role in the alleged cover-up of the discovery of a quantity of marijuana at the private residence of former prime minister Kamla Persad-Bissessar in 2013.

The recommendation was made at the close of the PCA’s five-month probe and forwarded to the Office of the Director of Public Prosecutions, along with the evidence collated by its investigators for action, a statement from the organisation said yesterday.

It would now be the Office of the DPP’s option to await the findings of a parallel police investigation, which is scheduled to be wrapped up by month’s end, before charges are laid. The T&T Guardian understands the PCA recommended that retired Snr Supt Gary Gould be charged with misbehaviour in public office on account of wilful neglect of duty.

The PCA’s probe focussed solely on the conduct of police officers to determine if a criminal offence or serious police misconduct took place in their handling of the alleged discovery of marijuana on April 19, 2013.

Acting Police Commissioner Stephen Williams, who at first had denied that the Police Service was in receipt of such a report of illegal drugs being found at the Phillipine home of Persad-Bissessar, later ordered a broader probe into the allegations after Gould, the then head of Special Branch, confirmed that a member of the Special Branch assigned to Persad-Bissessar’s security detail had found five grammes of marijuana in the washroom of an outside gazebo on the property.

Williams said then the investigation would not only focus on the discovery of the illegal drugs but all the circumstances surrounding the alleged cover-up of the find. Police investigators only recently received statements from two politicians accused of being involved in the plot. Gould retired from the Police Service in the face of the probe.

The investigation was triggered by a June 14 newspaper report in which former national security minister Jack Warner admitted to taking part in a discussion in 2013 with other senior politicians and a senior police officer to ensure there was no criminal probe into the matter. 

Assistant Commissioner of Police Ainsley Garrick, who was initially given one month to complete the investigation, has been granted several extensions.

Warner’s statement

Former national security minister Jack Warner, in a June 6 statement to police, stated that after he was approached by former senior police officer, DCP Mervyn Richardson, in Parliament, relating to the drug find, he summoned the then leader of government business Dr Roodal Moonilal, who advised him to contact Persad-Bissessar, who was in the United States at the time.

Warner claimed when he contacted her she was surprised and enquired whether she should return home immediately and resign. He claimed further he advised Persad-Bissessar not to resign as he, Richardson, Moonilal and former national security adviser Gary Griffith would cover up the marijuana matter. All three men have denied any knowledge of the incident.

In response to the police probe, Persad-Bissessar questioned its timing and labelled the investigation as “political” but suggested the police should investigate their own conduct and that of other law enforcement officers involved in the discovery.

In a statement, she said the grounds of her private premises were “under the control of state security services, including the army, Special Branch and the police.

“Many staff, workmen and other individuals are allowed by security services onto the property each day. I was out of country when security services are reported to have made this discovery. Needless to say, I am horrified and disturbed to hear these reports,” she had said.

One of 11 men charged with the murder of Senior Counsel Dana Seetahal has given a statement implicating the others and admitting to his role in the crime, and may likely be used as a witness against the others.

But in order to protect the accused, whose identity has not been released, he was separated from the others and taken away by a convoy of officers attached to the Criminal Gang and Intelligence Unit yesterday, shortly after a brief court appearance in the Port-of-Spain Magistrates’ Court.

The prisoner asked Chief Magistrate Marcia Ayers-Caesar not to send him back to the Port-of-Spain Prison, saying he now feared for his safety.

Sources said last night that immediate steps were also taken to protect the co-accused’s family. No decision has yet been taken on whether he will in fact be used as a witness, nor has any deal been offered to him in exchange for his testimony, reliable sources said.

At best, legal sources said, investigators will have to weigh his evidence carefully and consult the Office of the Director of Public Prosecutions before arriving at any decision. Legal sources said the prisoner, if co-operative, will be allowed to consult an independent attorney before making his decision. 

This means the case against the ten, all members of the Carapo mosque of the Jamaat-al-Muslimeen, can get a boost if the prisoner pleads guilty to the crime, since previously it was primarily based on scientific, forensic and wire tap evidence. But top legal sources said while the potential evidence was worthy of consideration any pronouncement of a deal being reached was premature.

Agents from United States Federal Bureau of Investigations and other foreign agencies assisted a specially selected team of local officers in the murder probe.

Legal sources said last night that a similar scenario to what happened in the 1996 case of Dole Chadee and his gang of nine, after one of the accused, Levi Morris, pleaded guilty to the Baboolal quadruple murders and agreed to testify against the others, can now unfold. 

Chadee and the others were convicted and eventually executed by the State for their crimes and Morris was given a new identity and placed in a witness protection programme in the United States. Similarly, in this case, the prisoner will have to plead guilty to the crime, give evidence against his co-accused and then be sentenced.

In court yesterday, there was no hint of the new development. Instead, Director of Public Prosecutions Roger Gaspard, SC, requested a warrant to be issued for the arrest of a 26-year-old Carapo man who escaped police custody last month on a charge of being a members of a gang, and possession of a bullet-proof vest. 

The prisoner, Peter Solaimon, managed to squeeze his body through the food slot of the cell and walked out of the Central Police Station on St Vincent Street, Port-of-Spain, on November 9. He has not been seen since. 

Once arrested, Solaimon is expected to be also charged with escaping lawful custody. He will join Stacy Griffith, Deon Peters and David Ector, who were charged with gang offences. During yesterday’s brief hearing, the Chief Magistrate gave instructions on the filing of submissions on an application from the accused men, who are asking her to recuse herself from the case. 

They are contending that Ayers-Caesar should step down on the basis of apparent bias, as her security detail had comprised officers of the Criminal Gang and Intelligence Unit (CGIU), who led the investigation into Seetahal’s murder. 

Ayers-Caesar has already recused herself from another case, in which some of the men charged with Seetahal’s murder, including reputed gang leader Rajaee Ali, are separately accused of conspiring to murder radio announcer Kevaughn “Lerbz” Savory. 

Attorney Criston J Williams, who as representing most of the accused men on both charges, was told to file his submissions by Christmas Eve, with Gaspard being given five days in which to respond. Ayers-Caesar is expected to give her decision by the next hearing on January 6. 

Seetahal was shot dead after being ambushed by gunmen while driving along Hamilton Holder Street, Woodbrook, on May 4. She was returning to her home at One Woodbrook Place after leaving at Ma Pau Casino, Ariapita Avenue. The group was eventually charged on July 27 this year. 

Those charged with murdering Seetahal and with gang offences: 
1. Rajaee Ali, 29, of Rose Drive, Carapo;
2. Devaughn Cummings, 29, of Poui Lane, Malabar, Arima;
3. Ishmael Ali, 30, of Pinewood Drive, Carapo, Arima (brother of Rajaee Ali);
4. Ricardo Stewart, 30, of Rose Drive, Carapo, Arima;
5. Earl Richards, 48, of Waterhole, Cocorite;
6. Stephan Cummings, 33, of Rose Drive, Carapo;
7. Gareth Wiseman, 33, of Caledonia Road, Lange Park, Chaguanas;
8. Hamid Ali, 34, of Melodians Crescent, Malabar, Arima, (brother of Rajaee Ali);
9. Kevin Parkinson, 28, of Waterhole, Cocorite;
10. Leston Gonzales, 28, of Malabar, Arima; and,
11. Roget Boucher, 29, of Rose Drive, Carapo. 

A video depicting known gang leaders, some of whom are in currently in jail, is engaging the attention of Criminal Gang and Intelligence Unit (CGIU) and the Strategic Services Agency — this country’s main surveillance unit, as they gather information on suspected criminals.

Police said last night that the video, which is being shared on WhatsApp, clearly identifies Rasta City gang leaders from Beetham Gardens, Sea Lots, Maloney, L’eau Place in Port-of-Spain, Maracas, Point Fortin and Caroni, among other areas.

Police said the video was used primarily as a recruiting tool to lure new members by giving the impression of a glorified life of crime.

In the video, gang members display a host of high-tech guns from their arsenal, including the Mach 10, Uzi, Tec-9, AK47 and AR15 rifles.

Gang warfare between the Rasta City gang and what police have labelled as the Muslim gang has claimed lives of scores of young men from major crime hot spots across the country. 

Homicide Bureau officers said yesterday the war was mainly among young black men for control of drug turfs, Government contracts and the right to extort money from legitimate business people in exchange for protection. 

Statistics from the Crime and Problem Analysis Unit of the Police Service have shown over the years that gang murders accounted for the majority of the people killed each year. 

Between 2008, when there was a record high of 550 murders, and to date, close to 3,300 people have been murdered, with the detection rate well below the accepted standard. 

Police admitted they have stepped up patrols in known crime hot spots, identified in the video and have been carrying out sweeping raids with “varied success.” 

The extortion racket has grown over the years, particularly in central Trinidad, after a wave of kidnappings for ransom between 2002 and 2007 sparked fear and panic among members of the business community, police said.

One of latest causalities in the ongoing war was Selwyn “Robocop” Alexis, who police said controlled the Central region with the help of crooked cops. 

Alexis, 52, was shot dead one month ago outside his Enterprise car wash and mini mart. Kevin Escayg, of San Juan, and Escayg’s four-year-old son were also shot in that incident. 

The boy alone survived, while one of Alexis’ assailants, Thomas “Hamza” Sharpe, was also killed in the gunfire. 

Suspects under watch

The video at the beginning identifies slain gang leader Merlin “Cudjoe” Allamby, 40, as the general of the Rasta City gang. Allamby was shot dead in July 2008 with two other people during an ambush in Aranguez, San Juan.

Unlike other videos of a similar nature, the men in the video made no attempt to conceal their identities.

Police said the men in the video appeared to be posing with authentic assault weapons in known locations in Trinidad, while other guns featured in the two-minute, 12-second video were taken off the Internet.

CGIU officers said yesterday the video first appeared last year and recently resurfaced. Officers said the people identified in the video by their aliases are being monitored and profiles are being built on them. They insisted, however, that the information being compiled was not sufficient to convict them for any crime.

A soundtrack accompanying the video describes methods of murder, including the dumping of bodies in Caroni. It also shows a decapitated corpse with what appears to be bullet wounds to the chest area. Police could not immediately confirm the authenticity of the body.

Minister in the Office of the Prime Minister, Stuart Young, who was provided with a copy of the video yesterday, said: “Material of this nature is obviously cause for concern. It has been passed onto the relevant authorities for verification/authentication and any investigation that is deemed to be necessary.”

Rosemarie Sant

As Government and the Opposition continue to publicly battle over who is to blame for this country’s failure to pass Foreign Account Tax Compliance Act (FATCA) legislation, there is new information from the United States’ Internal Revenue Service (IRS) that the critical date for the international agreement to become effective is December 31 and not September 30.

This is because the IRS, through the US Treasury Department, will only begin updating the list of countries with Model 1 and Model 2 Inter-Governmental Agreements (IGAs) on January 1, 2017, and countries not yet compliant will have until December 31 to provide an explanation as to why their IGAs haven’t been brought into force and submit a plan for doing so to the Treasury Department.

The announcement of this plan was detailed by the IRS in a statement numbered 2016-2017 and posted on its Web site since last month.

On September 16, Finance Minister Colm Imbert signed off on the IGA with US officials, giving life to the Model 1 IGA , which had been approved since 2013.

The legislation, which gives the local Board of Inland Revenue the authority to share information with the IRS regarding US citizens, was shelved after last week’s fiasco in Parliament, when Government and Opposition MPs blamed each other for what was described as a potential financial crisis.

Government has been insisting that the legislation giving life to FATCA must be passed by September 30. This has been supported by the financial sector, including the country’s major banks, which warned of dire consequences if the legislation is not passed by this deadline. 

Yesterday, Prime Minister Dr Keith Rowley again slammed the Opposition’s failure to support the legislation at a news conference, saying in an effort to stave off any fallout the Government had asked the US Treasury Department for an extension. If the country failed to get this extension, he said, the 30 per cent withholding tax would take effect and “the Government would have no call on that.” 

When questioned about the 2017 deadline at yesterday’s press conference, Rowley said, “It means that there are milestones that you have to meet and you will be gambling and walking on fig skins if you don’t meet one milestone and hope to meet the other one later.”

Opposition Leader Kamla Persad-Bissessar has been insistent that there would be no major fallout if the September 30 deadline is not met. She told a political meeting on Monday that “there is a view that the sky will fall down, I am not of the view that the sky will fall down after September 30.” (See page 5) 

US Ambassador John Estrada, who is in Washington, said in a statement yesterday that he had hoped to resolve the issue of the FATCA legislation before his trip. He said he expressed the concerns of the Government to US Treasury representatives, adding the T&T Government has submitted “to the Treasury a detailed explanation and step-by-step plan that Trinidad & Tobago intends to follow to bring the FATCA agreement into force.”

He has promised to continue to work with both the Treasury and the Government “to assure that the Government of Trinidad and Tobago follows this plan and continues to work in good faith towards implementing the FATCA agreement.” 

Wiggle room for compliance—financial analyst

​But financial analyst Ian Narine told the T&T Guardian yesterday that according to the IRS document on the matter, the question of an extension does not arise given the timelines as detailed by the IRS. On the question of the withholding of tax, he said, the country was still months away from that happening.

Narine said the September 30 date being used was essentially a reporting deadline “which requires the Board of Inland Revenue to report on information for 2014 and 2015.” 

He said now that the September 30 reporting deadline will not be met, the Government must write the US authorities to explain why T&T “was not compliant with the IGA and what are the steps we are taking to make us compliant.”

“The deadline for that is December 31, and the IRS will update that on January 1, 2017,” Narine said.

Rowley said yesterday that “our Treasury solicitor wrote to his US counterpart” on the matter. 

Narine said even if the legislation is not passed and a country is operating within certain parameters, then “you are fine.” He said if on January 1, 2017, “you were not proactive to enforce the agreement, they will give you 60 days’ notice, and if there is no compliance then the withholding tax will come into effect in March 2017.”

The IRS, in its statement, said in evaluating whether a jurisdiction will continue to be treated as if it has an IGA in effect, the US Treasury Department will consider two things: (1) whether the jurisdiction has submitted the explanation and plan with the requested dates and (2) whether that explanation and plan, as well as the jurisdiction’s prior course of conduct in connection with IGA discussions, show that the jurisdiction continues to demonstrate firm resolve to bring its IGA into force.

The document states that a Model 1 IGA that had not entered into force as of September 30, last year, would continue to be treated as complying with, and not subject to withholding (tax) under, FATCA so long as the partner jurisdiction (T&T) continues to demonstrate firm resolve to bring the IGA into force and any information that would have been reportable under the IGA on September 30 last year is exchanged by September 30 this year.

As part of its continued regional diversification strategy, the Massy Group has acquired two large automobile dealerships in Colombia, a market it first entered in 2014.

On February 1, Massy Motors finalised its acquisition of Autogalias in Bogota and the Grupo Automontana in Medellin, which incorporates four dealerships. Through this acquisition, Massy Motors will now represent brands such as Renault, VW, Volvo and Hyundai, along with Mazda, Kia and Foton in Cali, Colombia.

According to Executive Vice President, Massy Group, David O'Brien, the acquisition will significantly expand Massy Motors' presence in the Colombian automobile market. He said: "In 2017, Massy is likely to sell more cars in Colombia than we do in Trinidad."

Commenting further on the acquisition, O'Brien noted that the now Massy-owned Renault dealership was ranked "Dealer of the Year" in 2015, with Automontana being one of the largest Mazda dealerships in the country.

Offering remarks to the 300 employees of the newly acquired companies, Massy Group Country Manager-Colombia, Alberto Rozo reiterated that Massy's commitment to the Colombian market was long-term oriented.

He said: "We welcome you all into this family, where support and collaboration are key pillars for our teams. When the Massy Group arrived in Colombia in 2014, we were clear that our business vision is long term"

In 2014, Massy Motors first entered the Colombian market with the purchase of the majority shareholding of Massy DeLima Grupo Automotriz S.A.S which operates the two dealerships in Cali, representing Kia, Mazda and Foton trucks. The group also acquired Wood Group Colombia in 2014, to form Massy Energy Colombia which provides production, maintenance and engineering services to clients in the oil and gas and mining sectors in Colombia.

Noting Massy's presence in the market since then, O'Brien added: "We have demonstrated that the values and focus of Massy Motors can deliver positive results in this market. We've built the foundation of the business in Colombia through strong supplier relationships, upgrading the showrooms and employee facilities focusing on customer satisfaction, particularly in after sales service. That model, which we created, has served us well as a foundation to improve our performance and position as a strong player in the automotive sector in Colombia."

O'Brien added that for 2016, the group experienced strong growth in automobile sales.

"Sales in Mazda improved 61 per cent, and Kia sales remain steady and strong. We are looking forward to applying our values-based model to the newest members of the Massy Motors family in Colombia," O'Brien said.

The first meeting in a planned series was held last Friday and was attended by leaders of all the major Muslim organisations in T&T, National Security Minister Edmund Dillon and other government officials, as well as representatives from the United States administration.

This issue, always urgent, has now assumed added priority given the hawkish signals being sent by new American president Donald Trump. A media release from the Ministry said that Minister Dillon challenged the Muslim leaders "to assist in the identification of potential terrorist recruiters" and assured that the "latest collaboration will assist the government of Trinidad and Tobago to chart a way forward, to treat with issues pertaining to terrorism and terrorist activities in a cooperative and collaborative manner."

This is the crux of the issue, and the leaders who attended the meeting gave the assurance that they would try to provide the Government with information, even as other Islamic representatives complained about being left out. But the media release said that other faith-based organisations would be included in future discussions, begging the question as to why certain groups were left out of this initial one.

Be that as it may, the focus should not only be on gathering intelligence from these organisations in order to identify and arrest terrorists. Perhaps even more important is encouraging and assisting these groups to offset the radicalisation process which certain mosques in Trinidad are reputedly engaging in.

American officials at the meeting undertook to provide reliable data to the Government to identify the possible causes for T&T citizens joining ISIS.

Research on terrorists from other countries, Islamic and otherwise, has established that conventional wisdom about such factors is wrong. Empirical analyses do not confirm standard claims that poverty, lack of education and even hatred of democracy causes extremism.

Many Islamist radicals from Muslim-majority countries, for example, not only have high levels of education, but most of them come from middle-class and even upper-class families.

Additionally, nearly all have been motivated to join terrorist organisations because of real or perceived geopolitical injustices.

Far from terrorists being so desperately deprived that they have nothing to live for, most terrorists are individuals who are willing to die for a cause.

Put another way, terrorists always have a grievance and, in T&T, the grievance industry has long thrived.

No official research has been done here to see if these indicators match the profiles of the 130 people known to have gone abroad to fight with ISIS, but the broad premise should be a good foundation of any programme to diminish the attraction of ISIS and other terrorist organisations. Thus, even if these recruits are not especially educated or well-off, could it be that they have been funded by wealthy individuals in T&T, given that opinion polls in other nations show that high-income and tertiary educated people are more likely to say that terrorist actions, such as suicide bombings, are justified? On the other hand, most terrorist attacks occur in the perpetrators' homeland, which has not been the case for T&T except for the 1990 attempted coup. This may be because terrorists typically come from nations which suppress civil and political liberties, which should sound a warning to the Government in respect to fighting terrorism by tampering with constitutional rights.

Much work remains to be done. Hopefully, this initiative will bear fruit sooner rather than later.