CARICOM waives immunity for Impacs; offenders to face full brunt of law: PM Kamla

PM Kamla Persad-Bissessar with her husband, Greg, who surprised her and went to the airport Sunday night. He is recuperating from Cardiac bypass surgery

CARICOM states have agreed in principle at their summit in St Kitts to a waiver of  immunity for individuals at the Caricom Implementation Agency for Crime and Security (Impacs).

Prime Minister Kamla Persad-Bissessar said on Sunday the move will pave the way for persons accused of wrongdoing at the regional security agency, to face the possible criminal charges for their actions.

The executive director of the agency is facing allegations of corruption, fraud and mismanagement of funds. The Caricom Bureau of Council for National Security and Law Enforcement (Consle) has sent Lynne Anne Williams on leave on May 31 pending two separate audits into the agency.

Consle chairman Dr Errol Cort has reported to media that a preliminary audit into the Impacs indicated that allegations of impropriety have some merit.

Trinidad and Tobago invests substantial funds in the security agency. Persad-Bissessar told reporters anyone found culpable of wrongdoing at the agency will feel the full brunt of the law.

"You will recall earlier this year there were allegations made against the executive director of Impacs. She was subsequently sent on leave, on suspension pending investigations into the matter," the PM said.

"A preliminary agreement was presented to the Heads...what was very interesting is that the Heads agreed in principle that should Trinidad and Tobago make a request, as Trinidad and Tobago is entitled to do under the Treaty, they would waive immunity of the organisation Impacs as well as any immunity of any persons who may have to be investigated."

Persad-Bissessar added, "This is a matter we can follow up on and send to the relevant investigating officers."

Attorney General Anand Ramlogan has welcomed the move. He told the Express newspaper immunity from prosecution is a cloak which protects wrong-doers from facing criminal prosecution.

A former employee is alleged to have used the names of Ramlogan, Caribbean Court of Justice Judge Adrian Saunders, Permanent Secretary in the Attorney General's office Simeon Yearwood and former head of Caricom Edwin Carrington in an attempt to defraud the agency of $440,000.

Ramlogan is optimistic that persons who were involved in fraud at the agency will be brought to justice.

He said, "Immunity from suit was always intended to prevent public officers in their legitimate pursuit and performance of their duties. It cannot be misused as a cloak for wrong-doing.

"Trinidad and Tobago invests a lot of money in Impacs and their must be a measure of accountability. If there is corruption or abuse of public funds then the rule of law must prevail and wrong doers shall not be above the law but subject to the law".

Ramlogan told the paper, "This issue raises an important point about the need to balance secrecy and confidentiality of national and regional security operations and agencies on one hand with the need for transparency and accountability in the expenditure of public funds by any State agency on the other hand. 

"This organisation seems to have operated 'below the radar' in the interest of national and regional security and this secrecy could be fertile soil that can facilitate wrong-doing."