Thursday, February 10, 2011

AG wants swift action on Hart charges; DPP says let due process take its course

Attorney General Anand Ramlogan on Wednesday called on the Commissioner of Police to expedite the investigation investigation into Calder Hart and provide the Director of Public Prosecutions (DPP) with all the available evidence in the matter.

Ramlogan was responding to an official statement from DPP Roger Gaspard that accused Ramlogan of making "incautious" statements that have no "proper factual or legal basis" with respect to the UDeCOTT matter.

Gaspard said his primary concern is dispensing justice fairly, adding that he has no obligation to "any individual, political party or politician".

The statement was in response to Ramlogan's statement last week that there is enough evidence to charge former UDeCOTT executive chairman Calder Hart but such action is for the DPP, not the attorney general.

Hart is out of the country and is facing perjury charges arising out of the Uff commission of enquiry into UDeCOTT and the construction sector for denying that he had family links to a company to which he awarded contracts valued at more than half a billion dollars.

This is what the AG said: "Do I think there is enough evidence for the DPP to lay a charge against Calder Hart? Yes, I do. Can I, the Attorney General, or this Government so direct him? No." He was careful to also indicate that he meant no disrespect to the DPP.

Speaking with the Express newspaper Ramlogan said while he accepts the fact that the DPP decides whether to lay a charge against anyone he remains convinced concerned about the length of time the police are taking to complete the investigation.

He noted that Carl Khan, the former husband of Hart's wife, Sherrie Hart, provided the Uff commission with evidence showing that he knew the two directors of CH Development were closely related to Mrs Hart.

In addition, he said Malaysian authorities have provided documents, through the Congress of the People and the Ministry of the Attorney General, to substantiate Khan's statements and confirm this fact.

Gaspard's statement explained his position on the matter. "Unfortunately, these statements suggest that there is enough evidence to proffer a charge in this matter and that there is some inexplicable reason why the Director of Public Prosecutions has failed or refused to direct that such a charge be laid.

"In the circumstances and so as to address certain public misconceptions which may have been excited by the Attorney General's remarks, I feel constrained to publicly indicate that these investigations have not been completed, and that the relevant file is still with the investigators," the DPP said.

"Thus, it would not be prudent or proper for me, at this stage, to direct that any charge be laid. I can only proceed so to do on the basis of evidence and, even so, that evidence must be of sufficient quality. Further, before a prosecution could be commenced, not only must the evidence reach the required standard, but such a prosecution must be in the public interest.

"Therefore, the statements and innuendos propagated by the Honourable Attorney General, about which I take issue, are without any proper factual or legal basis. Moreover, those statements made by the Honourable Attorney General appear even more incautious when one considers the sensitive nature of these investigations.

"Most importantly, I wish to assure the general public that I hold no brief for any individual, political party or politician, and that my primary concern is the fair dispensing of a quality legal service to the people of Trinidad and Tobago. Accordingly, this mandate is the only one that I recognise. The stream of due process must be allowed to mark its rightful and undefiled course."

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai