?The recounting of the investigative process involved in the kidnapping and subsequent murder of Balram "Balo" Maharaj has taken some curious turns over the weeks that this newspaper has run the unfolding story. Some things have become clear in the detailed Francis Joseph narrative, however, and they are troubling. There have been huge differences in the level of detail brought to bear on the investigation locally, and by the Federal Bureau of Investigations (FBI) team assigned to the case. The FBI has been duly deferential to local authorities in the murder case, but there is an undercurrent of frustration in their recounting in US courts of the progress of the case in T&T. As the case unfolded in Washington Federal Court led by Judge John Bates, the story unfolded of a kidnapping gone terribly wrong, a victim ailing without access to what was described as a "bag of medicine" dying and ending up mutilated and left to rot in plastic barrels buried in the Santa Cruz forest.
Seven Trinidadian men were ultimately found guilty of the crime on July 31 and await sentencing on February 12, 2010. Each of the men faces the possibility of life imprisonment without possibility of parole. Among those seven is Ricardo De Four, who has steadfastly argued that he was not involved in the taking against his will of Balram Maharaj, and who has claimed that he was on the job with the army's Special Forces unit when Maharaj was taken hostage. It is unclear whether this evidence would have made any difference to the outcome of the case for De Four. The other six participants in the kidnapping claim that he was present at several critical points in the planning and execution of the plan to kidnap Maharaj for ransom. But that isn't the point in play here. What needs more critical review is the response of the army to direct requests for information that was relevant to the case.
It took legal letters to the Ministry of National Security to provoke a response to requests to provide information on the where- abouts of De Four on April 6, 2005. It took more than two weeks for the permanent secretary in the National Security Ministry to respond to a direct request placed under the Freedom of Information Act. The response from the permanent secretary was unsatisfactory, to say the least. The Ministry of National Security was forced to admit that the arrival and departure records for the T&T Regiment were being kept in a 40-foot container that, apparently, had not been secured against the elements. The gate slips that provide control records for the arrival and departure of the regiment's personnel were soaked with rain water and subsequently destroyed after clerical officials determined that the records were "damaged beyond use." The records were incinerated four months later. Equally unsatisfactory is the regiment's response regarding the logbook for April 6, 2005, which places De Four at a course on the base at least until midday.
To date, the officials of the regiment have not offered any further assistance in the investigation beyond that which was specifically requested. There is no word on whether people who attended the course remembered seeing De Four there or interacting with him, nor has any internal investigation apparently been launched by the leadership of the defence force in the face of accusations which implicate a former soldier. Such an internal investigation might solidify the case against De Four, or it might give him an opportunity to seek retrial, but it would clearly identify the regiment and by extension the Ministry of National Security as institutions willing to extend themselves to provide all the reasonable information that a court of law might need in the prosecution of justice. It is a niggling point that remains an irritating lapse in the case against the men accused of murdering Balram Maharaj.
