The Tribune

NO WONDER Opposition Leader Dr Keith Rowley was so fulsome in his praise of the media in his Republic Day address in Trinidad over the weekend. He said that the “role of the mass media in protecting citizens can never be over emphasised.

“Especially at a time like this the nation owes a deep debt of gratitude to those vigilant professionals who work in the mass media,” he told Trinidadians. “These are the men and women who legitimise the doctrine that the price of freedom is eternal vigilance.

“The role of the mass media in protecting us citizens from the excesses and indiscretions of unworthy leaders is not to be undervalued...We express deep appreciation to our journalists for their stick-to-itiveness and dedication to duty, particularly in the dogged protection of our democracy.”

Obviously he was referring to the discovery by the Trinidad and Tobago Guardian of section 34 of the Administration of Justice (Indictable Offences) Act, which had been proclaimed early with changes that everyone had overlooked, but, which, if allowed to remain on the books would have given two businessmen, wanted to answer fraud charges in the United States, their freedom.

What Dr Rowley referred to as the “stick-to-itiveness” of a dedicated and observant newsman, saved Trinidad repeating a similar extradition fight between the United States and Jamaica over a notorious drug dealer, which eventually cost Prime Minister Bruce Golding his government, and brought Jamaica’s crime boss, Dudus Coke, a 23-year prison sentence in the US.

When the matter, and its consequences, were brought to her attention Prime Minister Kamla Persad-Bissessar quickly called parliament in emergency session to repeal the Act. She immediately fired her Justice Minister —Herbert Volney— for misrepresenting to Cabinet the opinions of the Chief Justice and Director of Public Prosecutions, saying that the minister had a duty to faithfully and accurately represent the position and views of the CJ and DPP. He failed to do so and the Cabinet, relying in good faith, acted on his assurances, she said.

“His failure so to do is a serious misrepresentation and amounts to material non-disclosure of relevant facts to the Cabinet which effectively prevented the Cabinet from making an informed decision,” said the Prime Minister.

Jamaica, like the Bahamas, has a large backload of court cases, which the Act was designed to streamline so that the courts could proceed with more recent offences.

Anand Ramlogan, Trinidad and Tobago’s attorney general, said it was logical to proclaim s. 34 of the Act earlier than the entire Act because it was the “logical precursor.”

“Once the law was passed, you needed to trim the body of cases that would have been going to the High Court. It was specifically to trim the fat in the courts so that pending cases can be advanced,” he told the Sunday Express.

The change that was slipped into s. 34 and not drawn to the attention of the CJ and DPP — although Volney said it had been — meant that a judge could dismiss a matter if it had been in the courts for more than 10 years. This opened the way for two financiers of the United National Congress (UNC) —Isgwar Galbaransingh and Steve Ferguson — to apply to the courts to have their matters dismissed. The US government immediately reacted stating that its court was still awaiting the extradition of the two businessmen to its jurisdiction.

The Prime Minister took immediate action, announcing that the integrity of her government “will not be compromised by anyone, regardless of the office they hold. I hold everyone entrusted to their job accountable.”

It is hoped that if Prime Minister Christie is put in such an unsavoury position by any member of his government, he will follow her lead.