Attorney General Garvin Nicholas Thread

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Lawyers call on Law Association to probe alleged breach of Legal Profession Act
By Anika Gumbs CCN Senior Multimedia Investigative Journalist

NEW AG UNDER QUERY

Forty-eight hours after Garvin Nicholas was appointed this country’s new Attorney General, a matter has been referred to the Law Association of Trinidad and Tobago (LATT) for investigation, involving him.

The issue is he may have attemp­ted to practise as an attorney, even though he was not yet called to the local Bar.

Lawyers familiar with the issue are calling on LATT to probe whe­ther due diligence was conduc­ted before Nicholas was appointed AG to replace Anand Ramlogan.

The incident occurred in 2001 when Nicholas was on a six-month pupilage at Trinity Chambers, Edward Street, Port of Spain, when he was cautioned in writing about breaching the Legal Profession Act (LPA) by Desmond Allum SC (now deceased), who was head of Trinity Chambers at the time, after it was discovered he printed call cards representing himself as an attorney-at law, admitted to practise in Trinidad and Tobago.

A copy of the letter penned by Allum was sent to LATT late yester­day.

Nicholas’ curriculum vitae (CV) states he was awarded a barrister- at-law degree in 2001 and was a door tenant at 3PB Chambers in the United Kingdom. The CV states he was called to the local Bar in 2002.

However, at the time Nicholas was undergoing his pupilage (2001), he had no permission to practise at the local Bar or distribute call cards to solicit business for law.

Allum had also frowned upon a matter where it was alleged Nicholas was requesting a percentage of fees from work he had referred to attorneys while at the chambers.

Excerpts of a letter from Allum written to Nicholas and obtained by the Express reads: “I refer to the meeting held with you in the pre­sence of attorney Gregory Delzin, in the course of which during the meeting, I expressed concern over the printing of call cards which, when taken at face value, could be construed as calling yourself a practicing member of Trinity Chambers.

You will recall that you were remin­ded that it is a breach of the LPA to hold yourself out as being entitled to practise law without having been admitted to practise, in accordance with the provisions of the LPA.

“During the course of the meeting, you protested vehemently that you had never ever held yourself out
to members of the public about being admitted to practise but, on the contrary, you had been referring work to members of chambers.

It has come to my attention that whilst there is an element of truth in your assertions, such work had been referred on the basis that you were entitled to a percentage of the fee charged by the attorney to whom the work was referred. This points to an even graver act of professional misconduct.”

Specifying to whom Nicholas was to report to while completing his pupilage, Allum further stated: “It is only upon successful completion of your pupilage by the standard required by our chambers as satisfactory that I will find myself being able to issue the certificate required under the LPA. The above is of course predicated upon there being no further violations of the LPA.”

Following the meeting, the Express learned Nicholas tendered his re­signation on November 7, 2001.

His letter read: “I will like to thank you and the members of cham­bers for allowing me to spend the last three months with you. I thank you for all the support and advice given to me over the period. It is my belief that my career goals will be realised more readily in a changed environment.”

Contacted by the Express yester­day by e-mail and told investigations revealed in 2001, he (Nicholas) resigned from Trinity Chambers while on training after it was discovered he issued call cards to people indica-ting he was a barrister from Wales-Inner Temple in England, he replied: “I underwent training at Trinity Cham­bers with Desmond Allum SC, that is correct. I resigned after the issue of my call card was raised, not because of the call card per se but because I felt some personalities were being petty and I didn’t want to be there as a result.

“I was a barrister of England and Wales and a member of the Inner Tem­ple, however, as I had not yet been called to the local Bar, it was felt that I should not state same on my card, which when pointed out to me, I accepted and complied. I left on very amicable terms with Desmond Allum SC, who remained my friend until passing. I then comple­ted my in-service training with Robin Montano.”

Asked if he was told about the other issue involving a request by him to get a percentage of fees from
attorneys at Trinity Chambers, Nicho­las said: “You are asking me about a matter that took place some 14 years ago. To the best of my memory, there was a meeting held to discuss allegations that were unfoun­ded. Mr Allum reduced the meeting into writing and I continued to be a pupil. Having felt betrayed by false allegations, I decided to continue my pupil-age elsewhere. That is what I recall.”

When the Express contacted Tri­nity Chambers on the matter yester­day, all enquiries were referred to LATT.

The Express asked LATT president Seenath Jairam if he had received the file sent to him on the matter involving Nicholas. He said: “I have not yet received it. I know you all have sources, but I am now leaving to go over to the LATT. I will know when I arrive there, but my phone will be off because we will be in a meeting.

[Bakes]

Tempest in a teapot.

[Swima]

Tempest in a teapot.

Couldn't agree more.

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Law Association writes attorneys following complaint about new AG:
By Anika Gumbs CCN Senior Multimedia Investigative Journalist

MISCHIEF

For referring a matter involving Attorney General Garvin Nicholas to the Law Association of Trinidad and Tobago (LATT), the head of Trinity Chambers, attorney Gregory Delzin, has been berated.

LATT, in a letter to Delzin yesterday, said the matter was resolved 14 years ago and it was “unfortunate” and “mischievous” it had found its way in the public domain after so long.

LATT was called on to probe if due diligence was conducted before Nicholas was sworn in as the country’s new Attorney General after his predecessor, Anand Ramlogan, was fired, following allegations of witness tampering levelled against him by Police Complaints Autho­rity (PCA) director David West.

The matter is now being investigated by the police.

The matter involving Nicholas is that while on pupillage at Trinity Chambers, he distributed call cards to people, even though he had not yet been called to the local Bar.

It was also alleged Nicholas was requesting a percentage of fees for work he had referred to attorneys while at the chambers.

Nicholas was cautioned in writing by attorney Desmond Allum SC (now deceased) about breaching the Legal Profession Act.

Nicholas subsequently resigned and completed his pupillage at another law chamber.

Nicholas has admitted to distri­buting the call cards but said the allegation surrounding his request for a percentage of fees is unfounded.

And when asked on Wednesday if he had informed Prime Minister Kamla Persad-Bissessar of the matter, he replied via e-mail: “There is no matter.”

LATT acknowledged receipt of the letter of complaint on the mat-­ter via a letter to Delzin of Trini­ty Cham­bers yesterday, signed by LATT president Seenath Jairam.

(• See box above)

Attempts to contact Delzin were unsuccessful yesterday.

BHARATH: DUE DILIGENCE DONE

Meanwhile, Minister of Commu­nications Vasant Bharath said yesterday all the necessary background checks were done before Nicholas was appointed as the new Attorney General of Trinidad and Tobago.

In a news release, Bharath said “due diligence was followed” with regard to the appointment of Nicholas as senator and Attorney General of Trinidad and Tobago.

Responding to a front-page story in yesterday’s Express, headlined “New AG Under Query”, Bharath said:

“As explained by the Attorney Gen­eral in the same newspaper article, he was called to the Bar in the United Kingdom in 2001 as a barrister-of-law and member of the Inner Temple. Later that year, he returned to Trinidad and Tobago to start his six-month in-service training at Trinity Chambers, under the tutelage of the head of chambers, the late Desmond Allum SC, as part of the legal education certificate (LEC) requirement to get called to the Bar in Trinidad and Tobago.

“Regarding allegations in the article that Mr Nicholas was reques­ting a percentage of fees from work he had referred to attorneys while at the chambers, these claims were denied, and Mr Nicholas continued his pupillage at Trinity Chambers, until his decision to resign and complete his training with Mr Robin Montano.

“It is worth noting that this matter occurred more than 14 years ago, and was resolved. Senator Nich­o­las was called to the Bar in 2002 in Trinidad and Tobago and has a distinguished career in the fields of law, politics and diplomacy.

“The Government has every confidence that Senator Nicholas will execute the functions of the Office of the Attorney General responsibly, and in keeping with the highest prin­ciples of integrity, transparency and accountability.”

Dear Delzin,

I acknowledge receipt of your letter dated February 4, 2015, with enclosures and pen this response thereto, on behalf of the Council of the Law Association of Trinidad and Tobago.

It appears to Council that this matter, which arose some 14 years ago while Mr Nicholas was a student doing his pupillage at Trinity Chambers, was adequately and properly dealt with by our late colleague Desmond Allum SC, in his letter dated October 29, 2001.

The Honourable Attorney General, Mr Garvin Nicholas, was sub­se­quently admitted as an attorney-at-law to practise law in Trinidad and Tobago, having satisfied all the requirements under the Legal Profession Act.

It is unfortunate and even mischievous that this matter which was previously addressed has now found its way into the public domain.

It is the Council’s considered view that this matter was resolved 14 years ago.

Please be guided accordingly.

[Bakes]

Does Anika Gumbs know the meaning of the word "berate"? Delzin was chided, at best.

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AG’s budget up to $408m
By Geisha Kowlessar (Guardian)

After probe into inaccurate legal fees

Attorney General Garvin Nicholas says $30.5 million in duplicated entries for local attorneys was the source of what were described as inflated fees paid out to attorneys working for the Office of the Attorney General.

But while this sum has been removed from the record books, the actual figure for legal fees between 2010 and 2014 for the AG’s office has now jumped by $65 million to $408,260,340.48 million, after an investigation by the permanent secretary.

A statement issued by Nicholas yesterday said that some $80 million in foreign payments had been omitted from the initial report presented to Parliament, of which $45.3 million was paid to Deloitte and Touche and $7.7 million to T&T’s long-standing Privy Council agents, Charles Russell.

On March 24, former attorneys general John Jeremie (PNM) and Ramesh Lawrence Maharaj (UNC) called for an investigation into the spending of $343 million on private lawyers to represent the State during Ramlogan’s four and a half-year tenure, after several lawyers queried the payments to them quoted in the figures released in Parliament.

They also proposed to send letters to Prime Minister Kamla Persad-Bissessar, acting Commissioner of Police Stephen Williams and the Integrity Commission requesting an investigation, aided by forensic expertise, into the matter.

However, Nicholas subsequently noted that after protests from some lawyers, it was realised that there was an error in the figures and he ordered the permanent secretary to look into it.

Some of the lawyers named in the report claimed they had been double invoiced in the figures they saw presented in the House and were threatening legal action.

In the statement yesterday, Nicholas said, “these errors arose as a result of using two recording systems for attorneys’ fees—an official fees register and an excel spreadsheet which is meant to be updated on a regular basis.”

“I am assured that no overpayments have actually been made,” he said.

“Consistent with the normal accounting process in the public service, these payments are reconciled with the records of the Treasury Division and also audited by the Auditor General’s Department to eliminate any room for doubt.”

He also said there was no payment of $408,000 for the preparation of a pre-action protocol letter.

When this figure was quoted in the press, Jeremie had said he was aware of the individual involved in the matter. He said this individual had sent a pre-action protocol letter to the AG’s office, which cost a mere $2,500, so he could not understand how a reply to this letter could cost as much as $408,000.

Yesterday, however, Nicholas said that this sum ($408,000) was paid for a number of matters, including trial fees and the pre-action protocol letter.

“The fees paid to Tiger Capital, total $1,750,000, were for services rendered in conjunction with senior counsel for the extensive analysis of many complex financial documents in the exercise of mutual assistance obligations with the United States of America and the Central Authority,” Nicholas said.

He said the investigation was ongoing and the ministry would have to continue to budget for fees in this regard.

“It is to be borne in mind that the litigation portfolio of the State has grown tremendously in recent years and the country has faced an onslaught of international litigation and commercial arbitrations.

“Fortunately, the State has been extremely successful in the last five years. I am advised that it has won over 95 per cent of the cases for which external counsel was retained. Costs would usually be awarded in favour of the State in these matters,” Nicholas said.

Breakdown of fees

He said he was also further advised of the following:

• Forensic audits and probes account for approximately $95 million

•Inherited legal fees from the PNM administration and Privy Council fees account for approximately $80.7 million

•Fees paid for the DPP’s Office account for approximately $67.4 million.

Nicholas said preliminary checks at the ministry indicated that legal fees paid by the ministry during the period 2002 to 2010 amounted to $372,000,000. This represented an average of $41 million per year.

He said the ministry, in accordance with the directive of Cabinet, retained lawyers and other non-legal professionals, such as accountants, to conduct 16 forensic probes.

Probes were conducted for:

•TTEC Street Lighting Implementation Unit

•eTeck (6 separate investigations: Medical Transcription Services and Training Project; UniBio A/S Protein Production Plant in TT Project; Tamana Intech Park; Alutech Research and Development Facility; Bamboo Networks Limited; and Reynald Associates Limited (RAL) Consortia);

• Petrotrin (three separate investigations: World GTL Ltd; Ultra Low Sulphur Diesel Project; and Gasoline Optimisation Programme);

• Estate Management Business Development Company

• Sports Company of T&T

• University of Trinidad and Tobago;

• Udecott (Brian Lara Cricket Academy)

•Scarborough General Hospital

•The purchase of the ill-fated MV Su

[Bourbon]

Wrong thread. This should have been in the lawyers fees one.

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AG: Go to the police Jack.
By Clint Chan Tack (Newsday).

ATTORNEY General (AG) Garvin Nicholas yesterday advised Chaguanas West MP and Independent Liberal Party (ILP) political leader Jack Warner to take any evidence he has of alleged criminal wrongdoing to the Police and to the Integrity Commission, if necessary.

Nicholas made this comment in response to Warner’s promise to pass on information on Prime Minister Kamla Persad-Bissessar, the People’s Partnership Government, Section 34 and FIFA funding to local and international law enforcement agencies.

In a paid televised political broadcast on Wednesday night, Warner announced, “These documents treat with my knowledge and involvement in the following matters: the link between FIFA’s funding and me; the link between FIFA, its funding and the United National Congress and the People’s Partnership Government in general election 2010. These documents deal with the Section 34 fiasco. It also deals with my knowledge of financial transactions at FIFA, including, but not limited to its president, Mr Sepp Blatter. And lastly, other matters involving the nation’s current Prime Minister.” Warner, in the broadcast, said he has instructed his lawyers to “engage in the task of making contact with law enforcement authorities both inside as well as outside of Trinidad and Tobago with regards to the statements that I have made.”

Nicholas told Newsday, “I am not prepared to comment on accusations made on a political platform, save to say that if Mr Warner has evidence of wrongdoing on the part of anyone, he should take said evidence to the police and where relevant, the Integrity Commission for investigation and determination of these matters.”

The AG continued, “Merely making threats of releasing evidence is a mechanism that has been used in the past to create sensational headlines and is an effective diversion technique.”

Recalling the three and a half years which he spent in London as this country’s High Commissioner to the United Kingdom, Nicholas said, “I am uncomfortable about any damage that may be done to the image of Trinidad and Tobago.” Nicholas said as High Commissioner he did considerable work “building our international image and influence in the UK, Europe and the Commonwealth.”

However Nicholas said he was not as worried about the impact Warner’s latest statements could have on “local citizens.” He explained the reason for this was because, “I have faith in their ability to be discerning in such matters.”

On Wednesday, Warner was red flagged by Interpol for charges including racketeering, conspiracy and corruption in relation to his tenure as a FIFA executive. Warner’s attorney Rekha Ramjit, who is also ILP chairman, said, “The Red Notice is of absolutely no consequence or worth at this time because Warner has already been the subject of a provisional warrant which has been served.”

In a statement last Friday, Nicholas said, “Whilst I understand that this is an election year, I do not believe this is a matter which should be used for political gain and thus urge all parties involved and the public to respect the system and institutions involved and allow justice to take its course.”

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State attorneys suing AG over breach of rights
By Anna Ramdass (Express).

Attorney General Garvin Nicholas is facing legal action from within his own organisation as 38 State contract attorneys are suing him for breach of their constitutional rights.

A pre-action protocol letter dated July 28, 2015 was sent to Nicholas by attorney Nalini Jagnarine who instructed counsels Ian Benjamin and Samson Wong to act on behalf of 38 attorneys employed on fixed-term contracts, or previously so employed by the Government.

The letter which was obtained by the Express stated the lawyers were seeking relief against the Government and the Judicial and Legal Service Commission (JLSC), including compensation, for breaches of their constitutional rights.

The lawyers claim their rights were being infringed upon because they were being kept in contract positions with lower remuneration than those of Public Service attorneys.

They also noted that some vacancies exist in State offices yet no moves were made to fill them. Nicholas told the Express on Wednesday he had not yet received the pre-action letter.

No opportunities

According to the letter, the JLSC is endowed with the sole authority or power to make appointments, promotions and transfers, and the power to remove and exercise disciplinary control over the office holders at the Judicial and Legal Service, including Public Service attorneys.

“As contract attorneys our clients have not been appointed, nor afforded the opportunity to apply for and/or obtain a comparable position in the Judicial and Legal Service. In other instances, our clients have been asked, in essence, to accept a demotion in order to obtain a Public Service attorney position because the Government has decided not to create additional posts and/or the JLSC has failed to properly fill existing vacancies,” stated the letter.

The attorneys noted that at this time in the Solicitor General's Department there are approximately eight vacancies, yet none of the contract attorneys working in the department has been afforded the opportunity to obtain any of these vacant positions (except the State counsel 1 position) as public attorneys above State counsel 1 position can only be filled by current contract attorneys.

“The Government has still failed to create additional new public attorney positions for remaining contract attorneys in the department,” stated the letter.

“Thus our clients as contract attorneys have been and are being denied the constitutional protection of the independent and autonomous JLSC and the regulations adopted by the commission which are afforded to their Public Service attorney counterparts, pursuant to the Constitution,” the letter stated.

The attorneys noted that Government hires contract attorneys on short-term contracts to perform the same legal services normally provided by the Public Service attorneys.

These contract attorneys, they stated, constitute a significant percent of the attorneys employed by the Government.

The letter cited examples of the different arms of AG's office where State contract attorneys are employed:

(a) In the legislative drafting department there are currently 12 persons employed as Public Service attorneys and nine persons as contract attorneys which means that 40 per cent of the department are contract attorneys.

(b) In the Solicitor General's Department, there are currently 33 Public Service attorneys and 18 contract attorneys (35 per cent contract attorneys)

(c) In the Chief State Solicitor's department there are currently 19 Public Service attorneys and 18 contract attorneys (almost 50 per cent contract attorneys).