- NEWSDAY.CO.TT - A la Une - 06/Sep 07:54

SoE tribunal member resigns amid questions over its make-up

A member of the review tribunal set up to assess the detention of state of emergency detainees has resigned. Michelle Mayers, senior legal officer for the Judiciary, on September 5, said attorney Kent Samlal resigned from the tribunal and his appointment was revoked. His resignation and Mayers confirmation followed threat of legal action by SoE detainee, murder accused, and suspected gang leader Rajaee Ali who challenged the transparency of the review tribunal's appointments. Ali’s attorney Keron Ramkhalwhan wrote to both the Chief Justice and the tribunal members seeking answers on September 4 Ali, who is being held under a detention order issued by the Minister of Homeland Security, petitioned the review tribunal on August 28 for a review of his detention. Ramkhalwhan questioned the Chief Justice’s appointments of David Alexander, Kent Samlal, and Shivangelie Ramoutar to the tribunal on July 21. In letters addressed separately to Chief Justice Ivor Archie and the tribunal members, Ramkhalwhan requested clarification on the criteria, policies, and procedures guiding the appointments. He also asked whether any members had applied or submitted resumes for selection. Responses are sought by September 8. The attorney pointed to the composition of the earlier SoE review tribunal, appointed in January, which comprised three senior counsel. Earlier this year, the tribunal was composed solely of senior counsel, including Deborah Peake, SC, Ian Benjamin, SC, and Lee Merry, SC. Ramkhalwhan argued that the exclusion of senior counsel in the latest appointments suggests inconsistency and raises concerns about fairness. “Given that the initial review tribunal was composed exclusively of senior counsel, one would reasonably expect that, in similar circumstances, the inner bar, being those with the requisite experience, legal expertise, and judicial temperament, would be prioritised and/or considered for appointment to this particular tribunal. “The failure to consider and/or appoint any member of the inner bar to the review tribunal at this stage suggests that the decisions to appoint each member may be an inconsistent exercise of discretion, raising concerns about the transparency and fairness of the appointment process,” Ramkhalwhan wrote. He further noted that one tribunal member also serves as a director on a state board, a role often viewed as political, which he said could create “a perception of bias.” “These proceedings are not only about actual independence but also about the appearance of independence,” Ramkhalwhan wrote. “Justice must not only be done but must also be seen to be done.” Ramkhalwhan said, “I wish to clarify that I make no allegations or condemnatory remarks against any member of the tribunal…” He added, “It is crucial to ensure that there is no executive influence on the review tribunal. “This is especially important given that preventative detention laws currently permit the executive branch to detain citizens. “The independence and impartiality of the review tribunal are paramount to upholding justice and maintaining public confidence in the legal process." Ramkhalwhan also gave the tribunal members the same deadline to respond. “Given the review tribunal’s crucial role in reviewing executive detention, it is essential to ensure that its appointment is conducted in a fair and transparent manner, safeguarding it from any executive influence.” Samuel on TPHL board, ex-SporTT board member In her response on behalf of the Chief Justice, Mayers confirmed that there is no formalised policy or procedure governing Review Tribunal appointments. Instead, Chief Justice Archie considered candidates’ legal experience, analytical ability, and years of practice. The emergency powers regulations require only the chairman to be an attorney. She said the tribunal’s chairman had more than three decades at the Bar, including service as a temporary High Court judge and extensive experience in civil, criminal, and tribunal matters. Samlal's involvement in public law cases over his 15 years of practice was also considered. However, Mayers revealed that CJ Archie was unaware Samlal had accepted a government board appointment three weeks before his tribunal selection. Samlal was recently appointed a member of Trinidad Petroleum Holdings Ltd board and was previously a member of the SporTT board under the People's Partnership administration. He was recently among 13 ex-SportTT board members ordered by the High Court to repay nominal damages of $40,000 for failing in their duty when rubber-stamping a $34 million contract for the failed LifeSport programme. The third member, Shivangelie Ramoutar, is a University of the West Indies law lecturer who graduated with first-class honours, completed her legal training at Hugh Wooding Law School in 2015, and holds a Master of Laws from the University of Cambridge. Mayers said no documentation was required for Alexander’s appointment due to the Chief Justice’s familiarity with his record, while resumes were obtained for Samlal and Ramoutar. She confirmed Samlal’s resume did not mention his recent board role. Copies of the resumes were provided to Ramkhalwhan as part of the Judiciary’s response. Contacted for comment, Ramkhalwhan commended the Chief Justice’s position. "I welcome the decision of the Chief Justice to intervene in this matter and see it as a victory for the rule of law. "As an attorney, I have a duty to uphold the rule of law and defend my client's interests vigorously regardless of public odium. "I urge the remaining members of the tribunal to conduct themselves fairly and without favour to the current administration. "Should they not, I will not hesitate to prosecute every legal route open to my client. Violation to the rule of law should be resisted at every opportunity." Ali's legal challenge over his transfer from the Maximum Security Prison, Arouca, to Teteron Barracks, on July 18, hours after the SoE was declared, has been adjourned to September 17. He claims he is being held in inhumane conditions and denied basic rights. He has sought interim court orders for airing time, access to showers and toilets, weekly family contact, and clothing. He is also asking for declarations that his transfer and detention conditions are unlawful, along with constitutional relief and damages. According to Ali’s detention order, gazetted as legal notice No 319, he is accused of leading and directing the Radical Islamic Criminal Gang from prison. Ali's brother Hamid and co-accused Earl Richards are also accused of being in the same gang. The detention order alleged that Ali conspired with the GR8 Gang Alliance to carry out imminent assassinations of law enforcement officers and public officials and that he was able to maintain gang communications and direct activity while at the military facility, demonstrating what officials described as an immediate and ongoing threat to national security. Richards and Hamid Ali are alleged to have engaged in similar conspiracies while maintaining gang communications behind bars. Richards is also challenging his detention and transfer from the Maximum Security Prison to Teteron Barracks. They are charged with the murder of special state prosecutor Dana Seetahal, SC, in May 2014 and being members of a gang. Also accused of being a member of Ali’s alleged gang is a senior prison officer who is also challenging his detention before the tribunal. He was alleged to have used his position to assist incarcerated leaders, smuggle contraband, and facilitate plots against public officials. Authorities branded him “a serious threat to public safety.” The post SoE tribunal member resigns amid questions over its make-up appeared first on Trinidad and Tobago Newsday.