The law, customs and practice are the foundations of civil society allowing citizens to proceed with everyday life. Citizens have a legitimate expectation that the majority will comply with these basic laws and customs. Differences of opinion and conflict will occur periodically and can be settled amicably without recourse to a third party. A widespread perception that the rules do not apply to all could lead to a loss of confidence in the system thereby resulting in civil disorder. Over the last month, a few matters have arisen causing concern. Premature announcements and how public officials respond can undermine their credibility and by extension confidence.
The first is the publication by the Integrity Commission of the names of people in public life who failed to file a Declaration of Income Assets and Liabilities, and a Statement of Registrable interests in accordance with S11(6) of the Integrity in Public Life Act. People in public life are part of the governance mechanisms which allow society to function and are expected to be trustworthy. Declaring their assets is part of that process. The list included 595 names, 86 of which related to the 2014-2020 period and 509 in 2021. In 2021, 1,190 people were deemed to be in public life, meaning that 43 per cent did not comply with the act.
If 43 per cent of motorists failed to stop at a traffic light, the result would be chaos and mayhem. The list included parliamentarians, permanent secretaries, doctors, lawyers, academics, engineers, accountants, bankers, former central bankers, and professional managers. Thirty-three (46.5 per cent) of the 71 parliamentarians did not file their returns, including (12) cabinet ministers (48 per cent). Amongst these were the chairmen and deputy political leaders of both parties and one independent senator.
The second is the Attorney General’s disappearing file. The Government’s filing systems purposefully include some measure of duplication. Given the high-profile nature of the Vindra Naipaul-Coolman case, there would have been more than one file, one in the AG’s office and at least one more in Solicitor General’s office. As a senior counsel noted, the state attorneys would have been aware of the judgement application and assessment notice and participated in the assessment of the damages.
Having been notified of the application for default judgment, why did the state attorneys not apply to set aside the judgment or do so at the notice of assessment? Or is this simply an attempt to divert attention from the public relations fallout resulting from the $20 million award and the state’s obvious failure to discharge its civic duties? Unfortunately, this is one of many embarrassments involving legal matters pursued or defended by the State. These include the helicopter matter involving Vertical Aviation Ltd in the US for breach of contract, and Cobham Helicopters Services Trinidad Ltd, where default judgements were also given.
Third is the announcement of the US sanctions waiver granted to GORTT in respect of the Dragon gas field in Venezuela's territorial waters. Prudence and diplomacy 101 should have called for a cautious approach including a quiet conversation with Venezuelan authorities prior to announcing the waiver. President Maduro’s forceful repudiation of US waivers as colonialism and an affront to its sovereignty could sour future negotiations between our countries.
Actions, not words, build credibility which is necessary to foster trust, confidence and consensus that the ship of state is safe.