Story Created:
Sep 21, 2012 at 11:03 PM ECT
Story Updated:
Sep 21, 2012 at 11:03 PM ECT
Movement for Social Justice (MSJ) leader David Abdulah said while the Prime Minister "quite correctly" fired former minister of justice Herbert Volney, " her absolution of the Attorney General Anand Ramlogan was totally unacceptable".
"The Attorney General is, in our view, equally culpable in this sordid affair," Abdulah said in a statement yesterday.
Abdulah said the MSJ took careful note of PM Kamla Persad-Bissessar's statement on Thursday night on the now infamous Section 34 of the Administration of Justice (Indictable Proceedings) Act, 2011.
"The Prime Minister provided us with certain facts to substantiate her dismissal of Mr Volney. But there are other facts that point to the culpability of the Attorney General and these must not be lost by the public," he said.
Abdulah detailed the relevant timelines from November 7, 2011 when Justice Ronnie Boodoosingh delivered his judgment in the extradition matter of Ishwar Galbaransingh and Steve Ferguson to just four days later, on November 11, when the Administration of Justice (Indictable Proceedings) Bill was debated in the House of Representatives and passed.
Later that month, by November 29, 2011, the Bill was debated in the Senate and passed "with Section 34 being amended by a motion from the Minister of Justice".
Abdulah also noted that by one month later, on December 9, 2011, the House of Representatives debated and passed the amended version of the Bill and it was assented to by the President by December 16, 2011.
"From this it is abundantly clear that the Attorney General had to be aware that the amended Section 34 and the deficient Schedule 6 would have major implications for the possibility of any local trial for Galbaransingh and Ferguson. In other words, within the same timeframe as the Administration of Justice (Indictable Proceedings) Bill, 2011 was being debated on three occasions in the Parliament, and in which debates the Attorney General was present and participated, the AG was also actively engaged in the consideration of the appeal of Justice Boodoosingh's judgment, " Abdulah said.
He said while the Prime Minister was selective in her quoting of that note in order to prove Volney's guilt she did not highlight other facts, namely that the AG is legal adviser to the Cabinet.
"Why did he not properly advise the Cabinet of the implications of the proclamation of Section 34 at that time? Why did he not seek to have the decision deferred so that he could be certain of its implications, notwithstanding the assurances given by Minister Volney? Why did he allow the flawed reason for Section 34's proclamation to go unchallenged? Was he asleep on the job or did he allow the Cabinet to approve the proclamation knowing full well the implications of that decision?" Abdulah asked.
"Either way the Attorney General is culpable and must be fired," he said.
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