Former House Speaker and attorney Nizam Mohammed is calling on the Law Association of Trinidad and Tobago (LATT) to take action against Opposition Senators Faris Al-Rawi and Janelle John-Bates.He was referring to their involvement in the preparation of former Health Minister Terrence Deyalsingh’s witness statement submitted to a parliamentary committee .
Former House Speaker:Nizam Mohammed
However, Al-Rawi has described the call as “childishly unfortunate”, legally misguided and potentially defamatory.
APOLOGISED TO Senate: Janelle John-Bates
In a media release issued on Thursday, Mohammed said LATT’s continued silence on the matter was troubling and warranted public explanation.Mohammed’s call comes in the wake of the controversy surrounding a witness statement submitted by Deyalsingh to the Public Administration and Appropriations Committee (PAAC), which had been examining the State’s acquisition of pharmaceuticals.Controversy erupted after electronic “track changes” embedded in the document revealed edits linked to John-Bates and Al-Rawi.At the time, John-Bates, an attorney, was a member of the parliamentary committee conducting the inquiry, while Al-Rawi was acting as Deyalsingh’s attorney.Noting that the matter had been referred to the Senate’s Privileges Committee but Parliament was prorogued before the committee could complete its work, Mohammed said:“With no clear indication coming from the Government, the consensus is that both John-Bates and Al-Rawi have escaped sanctions.“This is most unfortunate and should not be allowed to happen. You cannot claim an all-out war against crime and then be selective in applying sanctions.”The attorney argued that allegations involving the alteration of evidence in what he described as a quasi-judicial inquiry carried serious implications for members of the legal profession, particularly senior counsel.Mohammed reminded that the Law Association was established under the Legal Profession Act of 1986 to regulate the legal profession, maintain professional standards and support the administration of justice and the rule of law. He also cited provisions of the legal profession’s Code of Ethics requiring attorneys to uphold their oath of office, maintain integrity and dignity, and avoid aiding or assisting anyone to act contrary to the laws of Trinidad and Tobago.He said the Law Association should actively consider whether the conduct disclosed in the public domain warrants disciplinary scrutiny.“Applying the above and considering the material in this matter that is already in the public domain, justice demands active consideration by the Law Association in the discharge of its statutory duty,” Mohammed stated.Al-Rawi respondsContacted for comment, Al-Rawi dismissed the allegations and accused Mohammed of misunderstanding both the law and the facts of the matter.“I can immediately say that this letter is not only childishly unfortunate and representative of a clear ignorance of the law and the strictures of the Legal Profession Act Ch. 90:03 but is also defamatory subject to a potential defence of fair privilege in relation to a matter of public importance,” Al-Rawi stated.Al-Rawi, a former AG, said Mohammed should have sought his side of the story before issuing the public statement.“Had he done any of the aforementioned, Mr Mohammed would have avoided spewing political falsehoods and would likely have satisfied himself that there was no wrongdoing by me,” he said.Al-Rawi further argued that Mohammed had selectively relied on portions of the Legal Profession Act and the Code of Ethics while ignoring other legal obligations, including attorney-client privilege.“Mr Mohammed appears to be entirely ignorant of the full provisions of the Legal Profession Act and has selectively quoted from part of the act and the Code of Ethics,” he stated.He also contended that Mohammed had overlooked restrictions surrounding proceedings before Parliament’s Committee of Privileges.“Despite his years as a presiding officer in Parliament, he seems to have completely forgotten the prohibitions that operate against any premature disclosure of the proceedings before the Committee of Privileges,” Al-Rawi said.Al-Rawi said he was eager for restrictions on disclosure relating to the committee’s proceedings to be lifted so that he could publicly defend his conduct.“I am fully capable of answering the spurious allegations made against me and shall on the resumption of Parliament in the next session be seeking approval to release all information voluntarily supplied by me to the Committee if they will entertain same,” he stated.Al-Rawi also revealed that he was considering legal advice on whether Mohammed’s comments exceeded the protections afforded by fair comment and privilege.“With Mr Mohammed having plucked himself out of oblivion and having failed to extend the courtesy of a call to me, I inform that I will take advice from my attorneys on whether his fair privilege defence has caved due to his haste and imprudence,” he said.Turning to the country’s wider challenges, Al-Rawi argued that public attention should be focused elsewhere.“I believe that our nation should be focused on the issues of lives and livelihoods as opposed to cheap, ill-informed and childish distractions,” he stated.BackgroundThe controversy surrounding the witness statement led to privilege motions being brought in the Senate.John-Bates apologised to the Senate for her role in editing the document and offered her resignation to Opposition Leader Pennelope Beckles, while maintaining that she had not intended to undermine the parliamentary process. Al-Rawi has consistently denied any wrongdoing.Beckles is yet to make a decision on John-Bates.The Privileges Committee had not completed its work when the First Session of the 13th Republican Parliament on May 22.The Parliament will reconvene on June 5.
