The start of the preliminary inquiry into witness tampering charges faced by former attorney general Anand Ramlogan has been put on hold pending the outcome of a constitutional challenge over his continued prosecution.
The inquiry was scheduled to kick off before Chief Magistrate Maria Busby-Earle-Caddle on Monday, but when the case was called, Ramlogan’s lawyer, Pamela Elder, SC, immediately mentioned the lawsuit.
While Elder did not divulge extensive details about the pending legal challenge, she did reveal that it pertains to alleged breaches of herclient’s constitutional rights by police officers who investigated the case and State attorneys currently prosecuting it.
Elder stated that the inquiry would have to be postponed until a High Court Judge determines the constitutional challenge, as, if successful, the State may not be able to continue to prosecute Ramlogan.
Responding to the lawsuit, British Queen’s Counsel Edward Jenkins, who was retained by the Office of the Director of Public Prosecutions (DPP) to lead the prosecution team, said he was not opposed to the deferral despite the timing of the lawsuit being “regrettable.”
“The State would not want to prejudice the rights of any defendant, especially Mr Ramlogan... I have very little alternative but to concede,” Jenkins said.
He also expressed the view that Ramlogan’s possible success in the lawsuit would not be fatal to the State’s case as suggested by Elder.
Busby-Earle-Caddle eventually agreed and adjourned the case to September 19, when the parties are expected to report back on the status of the constitutional case.
Ramlogan is accused of obstructing justice by using threats and bribery to persuade Police Complaints Authority (PCA) Director David West to not give evidence in his (Ramlogan) defamation case against then Opposition Leader and current Prime Minister Dr Keith Rowley.
He is also accused of misbehaving in public office by improperly endeavouring for West not to testify on Rowley’s behalf.
The offences allegedly occurred in October 2014, while former police commissioner Gary Griffith, who is also a witness in the case, was serving as national security minister.
Shortly after former acting police commissioner Stephen Williams initiated an investigation into the allegations in February 2015, then-prime minister Kamla Persad-Bissessar advised the President to revoke Ramlogan and Griffith’s appointments.
Ramlogan was eventually charged with the offences in 2017.
West and attorney Vanessa Gopaul were scheduled to testify during yesterday’s hearing but were informed that they would be summoned when the constitutional case and, by extension, the future of the inquiry, is determined.
Ramlogan and former opposition senator Gerald Ramdeen face separate charges over an alleged legal fee kickback scheme.
Those charges against Ramlogan and Ramdeen arose out of an investigation into almost $1 billion in legal fees which was paid to private legal practitioners, who represented the State and State companies in legal proceedings during Ramlogan’s tenure between 2010 and 2015.
The lawsuits dealt with corruption that allegedly occurred under former prime minister Patrick Manning.
Ramlogan, Ramdeen and Jamaica-born British Queen’s Counsel Vincent Nelson were charged with conspiring together to receive, conceal and transfer criminal property, namely the rewards given to Ramlogan by Nelson, for being appointed to represent the State in several cases; of conspiring together to corruptly give Ramlogan a percentage of the funds and of conspiring to make Ramlogan misbehave in public office by receiving the funds.
Shortly after being charged, Nelson entered into a plea agreement with the DPP’s Office in exchange for his testimony against Ramlogan and Ramdeen.
In March 2020, High Court Judge Malcolm Holdip upheld the plea agreement and issued a total of $2.25 million in fines to Nelson for his role in the alleged conspiracy.
During a hearing of Ramlogan and Ramdeen’s case in November last year, Ramlogan’s legal team and prosecutors said they were still locked in discussions over whether the corruption case should be filed in the High Court without a preliminary inquiry based on the pending proclamation of legislation seeking to abolish preliminary inquiries.
Busby-Earle-Caddle is expected to set the date for the start of the preliminary inquiry into those charges during a hearing on August 22.
Assistant DPP Tricia Hudlin-Cooper is appearing alongside Jenkins for the State while Russell Warner is also representing Ramlogan.