There is movement on the probe into the disappearing and reappearing file in the Vindra Naipaul-Coolman civil case, and a major part is now completed.
This, arising from yesterday’s handing over of an interim report on the matter by retired Justice Stanley John and ACP Pamela Schullera-Hinds (retired) to Attorney General Reginald Armour, SC.
The handing over of the report—on schedule—was confirmed via a statement from the Attorney General’s Office.
John and retired Justice Rolston Nelson were appointed by Armour in February to advise the State on the way forward, following the court’s award of over $20 million to the nine former murder accused in the 2006 kidnapping and murder of businesswoman Naipaul-Coolman.
An investigation was ordered into the State’s failure to file a defence in the men’s claim for malicious prosecution—a situation which was attributed to a missing file of their claim.
John is lead investigator in the probe, Nelson is lead counsel and Schullera-Hinds is also part of the investigating team.
Soon after the team was announced, however, the file was returned and handed over to acting Solicitor General Karleen Seenath, who transferred it to the investigative team.
John and Schullera-Hinds subsequently listed their nine terms of reference—three of which were to be completed for their interim report. John had promised this would be delivered by yesterday.
The first three terms of reference comprise direct probing of the issue within the Ministry of the Attorney General.
The others involve recommendations and reports to other quarters - the Judicial and Legal Service Commission and Director of Public Prosecutions Office—if findings require this.
The report on the remaining aspects is due in August.
Yesterday’s statement from the Attorney General’s Office stated the report addressed the following:
1. To inquire into the facts and circumstances relating to the men’s matter commencing from June 22, 2020, when service of the claim form and statement of case were effected, including the decision of the High Court dated January 30, 2023, and, culminating in the hand-over of the file in the matter to the Acting Solicitor General on the February 6, 2023.
2. To inquire into and establish the facts and circumstances regarding the role or roles played by any Minister, member of the Civil Law Department or any other person employed at the Office of the Attorney General and Ministry of Legal Affairs in the management and conduct of the issues.
3. To inquire into and establish whether there was any dereliction of duty, violation of any law, conflict of interest and/or breach of trust on the part of any Minister, member of the Civil Law Department or any other person employed at the Office of the Attorney General and Ministry of Legal Affairs in the management and conduct the case.
Armour assured he will be considering the report carefully.
His Ministry stated that he “looks forward to the equally expeditious delivery by the Investigative Team of the full and final report with recommendations in respect of their further terms of reference.”
Armour declined comment when contacted yesterday on what the probe had revealed so far in ascertaining the file’s path, and establishing the facts regarding the role played by any Minister or staffer in the issue, and whether there was dereliction of duty or other problems on the part of anyone in the Ministry regarding the case.
On Monday, the AG’s Office revealed it will challenge the $20 million award to the claimants.
Yesterday, UNC MP Saddam Hosein said he hoped the AG would make the full report public.
“I hope the Government is not using this guise of receiving an interim report to hide this report from the public’s view because at the end of the day, it is a large expenditure of public monies that has been awarded by a court.”
Hosein said given the scope of the specific terms and conditions of the report, it was critical for the public to be made aware, since the Office of the Attorney General “could have dropped the ball on the matter.”
STILL TO BE COMPLETED IN PROBE
• To enquire into and examine the current procedures of the Office of the Attorney General and Ministry of Legal Affairs and the civil law department relative to the management and conduct of civil litigation involving the State
• Make recommendations to improve the management and conduct of civil proceedings taken by and against the State and the Office of the Attorney General and Ministry of Legal Affairs and the civil law department and to have recourse through such technology and expertise as necessary.
• Report in writing to the Judicial and Legal Service Commission (JLSC) any facts, circumstances or evidence which may, in the opinion of the investigative team, may give rise to, show or establish the commission of any disciplinary offence by any officer in the judicial and legal service relating the management and conduct of this matter.
• Report in writing to the Director of Public Prosecutions (DPP) any facts, circumstances or evidence, which in the opinion of the investigative team, may give rise to, show or establish the commission of any criminal or fraudulent act contrary to the laws of T&T relating to the management and conduct of this matter.
• Make such other and incidental inquiries which concern and relate to the subject matter of the inquiry as the investigative team may deem necessary to give effect to any findings made by the investigative team and/or remedy and prevent any act or conduct as found by the investigative team and on the need, if any, for the enactment of amendment or repeal of any law of T&T related to civil proceedings brought by and against the State.