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| File: Ken Gordon sworn in as chairman of Integrity Commission |
It's in relation to a reported request made by Gordon for Gafoor and another member of the commission, Seunarine Jokhoo, to recuse themselves from an investigation involving former Attorney General John Jeremie.
The commission is investigating a complaint about Jeremie's alleged involvement in the repurchasing of land from former Chief Magistrate Sherman Mc Nicolls.
The late Desmond Allum had written to the director of public prosecutions, Geoffrey Henderson, seeking an investigation into whether Jeremie tried to pervert the course of public justice or misbehaved in public office.
The land transaction was one of the key issues which surrounded complaints against former Chief Justice Satnarine Sharma and attempts to impeach him over allegations that he tried to interfere in criminal proceedings against Prof. Vijay Naranysingh and former prime minister Basdeo Panday.
When the matter of the investigation was first reported in the media, the Integrity Commission issued a release denying the matter involving the chairman and the deputy chairman.
Now the Guardian is reporting that a pre-action protocol letter has been served to the commission’s registrar Martin Farrell, giving the commission 14 days to rescind the decision requesting Gafoor to recuse herself from the land deal matter.
However the paper said when it contacted Gordon he said he has not received any such letter and suggested that it might be in the hands of Farrell.
The Guardian said it also questioned Gordon about the matter of a leak of confidential material from the commission and that Gordon said the police are dealing with the matter.
The paper said the latest development comes as the Anti Corruption Investigations Bureau (ACIB) is investigating whether Gafoor was responsible for providing a daily newspaper with information relating to the issue. The paper said it has seen a police document relating to the probe.
Media reports say Gordon had asked Gafoor and Jokhoo to recuse themselves from the matter after Jeremie made the request in writing to the commission.
The paper said other members of the commission agreed that the two should not take part in the investigation of Jeremie and that while Jokhoo did not have a problem with it Gafoor objected.
The Guardian said although Gafoor objected to her exclusion from the probe farrell wrote to jeremie on December 21 to say that both commissioners would not be involved in his his matter.
Gafoor claimed that her integrity was being called into question and suggested that Gordon did not act properly in voting to have her withdraw from the investigation. She stated further that she is not prepared to sacrifice her integrity and oath of office in order to go along with an approach that is flawed that may lead to the possibility of public ridicule.
Gafoor wrote the President on December 31, 2011, the Guardian said, asking him to intervene to resolve the matter. The paper said Gafoor cited unfair treatment. Her letter stated that no objection was raised against her since the complaint was lodged at the commission 20 months ago.
The Guardian said it consulted a legal source who stated that the President has the power to ensure that the commission gives a commissioner the protection of the rules of natural justice.
Further, the paper said its source stated that the chairman does not have the power "to prevent commissioners from participating in proceedings unless it is established and the commissioner agrees that there is a possible conflict of interest."
It said the legal source made it clear that the chairman "is bound and constrained by the Constitution and the law which imposes a fetter on the exercise on his powers which does not allow him the authority to prevent a member from exercising his/her right to participate in deliberating on proceedings before the commission."
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