Judge Devindra Rampersad of the high court has requested that National Security Minister Fitzgerald Hinds recently appear before him so that the minister may “clarify” his remark regarding criminals having friends in the judiciary.
The judge ordered the Supreme Court Registrar to write an invitation for attorney Hinds to attend the upcoming hearing in Tower D of the International Waterfront Centre in Port of Spain, although the minister is not required to do so.
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In the case of Brent Thomas, who is suing the Attorney General and the Director of Public Prosecutions for a violation of his constitutional rights and criminal charges, the court issued the ruling following a session with lawyers behind closed doors.
On April 25, the court, in that case, rendered a decision in Thomas’ favor, an arms dealer, and harshly criticized the actions of the enquiring officers working for the Professional Standards Bureau. Thomas was “abducted” from Barbados, according to the judge, and brought back to T&T to face charges.
In his decision, the court permanently delayed the seven criminal accusations against Thomas that claimed he was in possession of automatic weapons and grenades, both of which were illegal under the Firearms Act.
The court rescheduled the virtual hearing from May 8 to May 10 and changed it from virtual to in-person to address any remaining difficulties after his decision. It was anticipated that an appeal with an urgent hearing request would be submitted.
The Registrar was instructed by Rampersad to contact Hinds and ask him “to clarify certain comments purportedly made by him on May 1, 2023, at a press conference carried live on national television touching and concerning this matter while this matter is still pending before this court.”
Additionally, the judge ordered the Registrar to extend an invitation to the Law Association to participate in the upcoming hearing on Monday “should they deem it appropriate.”
The judge’s instructions were given before the Law Association released a statement denouncing Hinds’ assertion that criminals had friends in the judiciary as “grossly unfair” and “reckless.”
The group claimed in a statement released on Friday that the minister’s remark might “undermine public confidence in the Judiciary and benefit no one.”
The association’s criticism comes after the Judiciary, which stated in a statement on May 4, that the minister’s assertion had the “dangerous effect of undermining public trust and confidence in the Judiciary and the rule of law.”
The group said that it was unable to respond since the case was still being appealed and that it was joining others in “condemning the recent statement by the Minister of National Security.”
The statement noted, “It was while discussing the role of the police and the decision of the court in the Brent Thomas case, the Honourable Minister blurted out that the criminal elements have friends in the Judiciary. It would have been impossible for the listening public to exclude the possibility that the minister was suggesting that the learned judge in the Brent Thomas case was somehow doing the bidding of the criminal element.”
Hinds remarked on Justice Rampersad’s decision in the Thomas case in a speech to the country broadcast on the state-owned TTT on May 1.
The organization stated in a statement that it united “with other members of civil society in expressing its deep concerns over the matters” that were raised in the case after the court determined that Thomas had been “abducted” from Barbados.
The statement noted, “The court found, and the state appears not to have disputed, that Mr. Thomas, who is not accused of committing any offense in Barbados, was arrested by members of the Barbados police service at a time when he had lawfully entered that country and was then delivered up to members of the T&T police force at the Grantley Adams International Airport. On any account, this constitutes the unlawful abduction of a citizen of T&T from a friendly neighboring state in violation of the extradition laws of that country. That much has been admitted by the State.”
The group declared its support for the Police Complaints Authority’s decision to look into the circumstances surrounding Thomas’ removal from Barbados and subsequent return to Trinidad at the police’s request.
Police Commissioner Erla Harewood-Christopher said in a separate statement that she was concerned by the ruling and has mandated an inquiry based on the concerns expressed.
The two-sentence TTPS statement stated that “Harewood-Christopher has been duly informed that steps are being taken to appeal the judgment, and as such is constrained in giving any further information on the matter at this time.”
After reading about Thomas’s situation in the news, the Prime Minister gave Hinds the order to speak with Harewood-Christopher and request a report. According to him, no Cabinet minister participated in the police action on May 4.
On April 28, Stuart Young, a minister in the prime minister’s office, informed Parliament that Thomas had been flown back to Piarco by a plane from the Regional Security System, which has its base in Barbados. A military organization engaged in anti-drug activities is the RSS. On October 5, 2022, Thomas was apprehended in Barbados by Bajan police and escorted to the airport, where he was later turned over to three T&T police officials.
At least 11 judges of the civil division condemned Hinds’ statements, and several of them sought “an apology and retraction” in a string of e-mails on the subject that were obtained by this newspaper. The Court Protocol and Information Unit then released a statement on behalf of the judiciary in response.
In a succinct phone conversation, Hinds responded to the Judiciary’s declaration on Thursday by saying: “I am a student of constitutional law. I am an attorney of the law of Trinidad and Tobago of long-standing. I was also called to the bar at Middle Temple as a barrister. I have always upheld the principle of the independence and integrity of the Judiciary and I always will.”
When prompted for more information, he declined to go more.
At an urgent session with the case’s attorneys on May 3, Rampersad expressed grave worries over the minister’s remark.
The same day, Attorney General Reginald Armour, SC, defended the remarks of his colleague, claiming that after looking into them, he did not find them to be objectionable.
According to Armour, “I am satisfied that it was not the intention of the minister, in any way, to impugn the integrity of the Judiciary of this country, either in any particular matter or generally.”
In an email to Allan Mendonca, the interim Chief Justice, Rampersad expressed her displeasure that Hinds had “directly stated that criminals have friends in the Judiciary.” directly stated that criminals have friends in the Judiciary. And this is in the clear context of a press conference called to address the issues arising out of the Brent Thomas decision that I gave last week in which a person who was charged by the police received relief from this court. If there is any inference to be made, one can arguably say that the general remark that criminals have friends in the Judiciary was also a pointed attack at the author of the judgment.”
Rampersad continued, “The very fact that a remark can be made without any immediate response from our side that criminals have friends in the Judiciary not only undermines the administration of justice but impacts upon the security of each member of the Judiciary who may be perceived as friends of criminals.”
The headline of this article was changed to “Law Association knocks Hinds”reckless’ statement” to reflect the addition of new information.
The Law Association has criticized Fitzgerald Hinds, Minister of National Security, for saying that “criminals have friends” in the legal system, calling his statement “grossly unfair” and “reckless.”
The Law Association claimed in a statement released that the minister’s remark might “undermine public confidence in the Judiciary and benefits no one.”
The association’s criticism comes after the Judiciary, which stated in a statement on May 4, that the minister’s assertion had the “dangerous effect of undermining public trust and confidence in the Judiciary and the rule of law.”
The group said that it was unable to respond since the case was still being appealed and that it was joining others in “condemning the recent statement by the Minister of National Security.”
The statement states, “It was while discussing the role of the police and the decision of the court in the Brent Thomas case, the Honourable Minister blurted out that the criminal elements have friends in the judiciary. It would have been impossible for the listening public to exclude the possibility that the Minister was suggesting that the learned judge in the Brent Thomas case was somehow doing the bidding of the criminal element.”
On May 1, Hinds addressed the country on state-run TTT and made a remark on Justice Devindra Rampersad’s decision in favor of arms dealer Brent Thomas. The court dismissed the criminal case against Thomas, who was accused of possessing explosives and automatic guns, and she criticized the investigating police officers’ conduct.
The judge also discovered that Thomas had been “abducted” from Barbados, where he had gone to wait for a ticket to the US to see his cardiologist.
Regarding this part of the judge’s decision, the group stated that it united “with other members of civil society in expressing its deep concerns over the matters” that came up in the Thomas case.
The statement noted, “The court found, and the State appears not to have disputed, that Mr. Thomas, who is not accused of committing any offense in Barbados, was arrested by members of the Barbados Police Service at a time when he had lawfully entered that country and was then delivered up to members of the T&T Police Force at the Grantley Adams International Airport. On any account, this constitutes the unlawful abduction of a citizen of T&T from a friendly neighboring state in violation of the extradition laws of that country. That much has been admitted by the State.”
The organization expressed its appreciation for the Police Complaints Authority’s decision to look into the circumstances surrounding Thomas’ removal from Barbados and subsequent return to T&T at the police’s request.
