THE Criminal Bar Association (CBA) has condemned “in the strongest possible terms” the indemnity agreement between the Government and convicted King’s Counsel Vincent Nelson, particularly if promises were given without the knowledge and consent of the Director of Public Prosecutions for him to give evidence against former attorney general Anand Ramlogan, SC, and ex-UNC senator Gerald Ramdeen.
In a statement on Thursday, the CBA said it had received a “voluminous" number of documents involving the failed criminal prosecution of the two attorneys.
“Our initial perusal of some of those documents has caused us some disquiet, it commented, adding that after the CBA’s executive “comprehensively reviewed and digested these documents,” it intends to make a statement on the role of former attorney general Faris Al-Rawi and the DPP’s decision to discontinue the case.
The CBA also called on DPP Roger Gaspard, SC, to make a “detailed and transparent statement” of his reasons for discontinuing the charges against Ramlogan and Ramdeen.
The CBA said it would be instructive to know the DPP’s reasons, otherwise it could give the public the impression that there was one law for the rich and powerful and another for the poor and dispossessed, as articulated by attorney Martin George.
In the statement, the president of the CBA, Israel Khan, SC, also commended Gaspard for the position he took on Monday when he announced he was discontinuing the criminal prosecution against Ramlogan and Ramdeen.
At Monday’s hearing, Gaspard said Nelson was not willing to give evidence in that matter until his claim for breach of the alleged indemnity agreement came to an end.
Gaspard said it would be unfair to leave the case against the former AG and UNC senator in limbo until the outcome of Nelson’s civil claim, in which he is alleging the State did not keep its side of the bargain on the indemnity agreement.
Gaspard came in for praise from Chief Magistrate Maria Busby Earle-Caddle and the men’s attorneys.
The CBA said Gaspard “demonstrated integrity, independence and enviable courage” in his actions, which would have a “positive rippling effect in maintaining public confidence” in the office of the DPP and the criminal justice system.
“It is unmistakably clear that the decision to discontinue such an expensive and high-profile criminal prosecution was a fair, just and reasonable one, made to protect the independence of the high constitutional office of which he is the custodian and to jealousy guard his office from executive interference.”
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