Former attorney general Faris Al-Rawi insisted the Government had, through him, “continuously confirmed that it will honour its obligations of the indemnity agreement” with former state witness King’s Counsel Vincent Nelson.
Al-Rawi told this to Director of Public Prosecutions (DPP) Roger Gaspard, SC, so on December 18, 2020, when he referred to a letter from Nelson’s English solicitors, BCL Solicitors, who threatened to take the Government for any alleged breach of the indemnity agreement.
There were also threats that any breach of the alleged indemnity “would result in his refusal to give evidence.”
In repeated responses to the former AG, Gaspard declined to have his office involved in the purported indemnity agreement.
In fact, Al-Rawi spoke of the indemnity agreement from as early as April 9, 2019, a month before former attorney general Anand Ramlogan and ex-UNC senator Gerald Ramdeen were charged with conspiring with Nelson for Ramlogan, as AG, to misbehave in public office by accepting money from Nelson as a reward for giving him state briefs.
On Monday, Gaspard discontinued the State’s prosecution of the two attorneys, since Nelson said he was not willing to give evidence until his claim for breach of indemnity and damages was concluded.
Gaspard said Nelson was alleging that he was given indemnity in return for his providing a statement concerning “this case” against Ramlogan and Ramdeen.
In October 2021, Newsday reported exclusively on the alleged indemnity agreement between Nelson and Al-Rawi.
In May 2019, Nelson, 62, a tax attorney who lives in the UK, was indicted on three charges of conspiring to commit money laundering, misbehaviour in public office and conspiracy to commit an act of corruption. The misbehaviour charge was discontinued after he entered a plea deal with the Office of the DPP.
Justice Malcolm Holdip sentenced him in March 2020 and ordered him to pay a total of $2.25 million in fines. In his civil claim, Nelson is seeking £12,163,460 in damages for the alleged breach of indemnity and, according to AG Reginald Armour, SC, he also wants the State to pay his fines.
Al-Rawi did not respond to questions on Monday, but Armour said he would “consider every available avenue to protect the public’s interests, including (but not limited to) civil proceedings to recover any possible proceeds of the crimes allegedly committed by Messrs Ramlogan and Ramdeen and disciplinary proceedings before the disciplinary committee of the legal profession (Law Association of TT)."
According to documents obtained by Newsday, Al-Rawi, in a statement to police, dated April 9, 2019, said after receiving Nelson’s statement – which set out the alleged kickback conspiracy – “...I signed an agreement on behalf of the Government of Trinidad and Tobago.”
He also pledged, “Further, the Government agreed to indemnify Mr Nelson against all actions, suits, proceedings, claims, demands, damages, costs, expenses and liabilities whatsoever which may be taken against him or be incurred or become payable or
