No outcome yet in T&T emailgate – DPP

(Trinidad Express) No one has been cleared in the emailgate probe.

Deputy Director of Public Pro­secutions (DPP) Joan Honore-Paul last night took issue with statements made by Prime Minister Persad-Bissessar and Leader of Government Business Dr Roodal Moonilal that various authorities, including the US Justice Department, Google and the Integrity Commission, received evidence which had cleared them and other office-holders implicated in the emailgate affair.

In a release, Honore-Paul, sta­ted: “While it is true that after receipt of the information from the US Department of Justice, the police team led by Superintendent Baldeo Nanan did send a report to the Deputy Commissioner of Police Glen Hackett, it is not true that such report cleared Mr Anand Ramlogan and Mrs Kamla Persad-Bissessar, in respect of this investigation (into the e-mails)”.

This, she pointed out, was contrary to a report given by reporter Nalini Seelal in the Newsday of April 28, 2015.

The deputy DPP cited a number of newspaper reports, including those from the Express and the Guardian, quoting the Prime Minister and Moonilal stating a number of authorities had confirmed the e-mails, read into the parliamentary records by Opposition Leader Dr Keith Rowley in May 2013, were “fake” and “bogus” and “fabricated”.

No finding by US Department of Justice

Honore-Paul stated the “US Depart­ment of Justice’s response did not treat with all of the matters requested by the investigative team. And further, the US Department of Justice is yet to relay any information related to the hotmail accounts `captaingarygriffith@hotmail.com’ and `surujrambachanhotmail.com’. They have indicated that such information will be sent as soon as possible. Quite properly, there was absolutely no finding made by the US Department of Justice nor was any disclosed in written correspondence. The US Department of Justice was concerned only with relaying the data or information that was received by virtue of the above-mentioned warrant. This is its legal remit.

She also stated “at this time, the police investigation has not yet resulted in any finding, whether through the mutual legal assistance channels or otherwise, that the e-mails were or were not sent. To give the impression that there has been some finality in this regard is misleading”.

The deputy DPP sta­ted further, any parallel investigation by interes­ted parties and the public airing of the supposed results are “palpably self-serving and bring to mind the need for the legal maxim, ?No man should be a judge in his own cause’. This is the bedrock principle of natural justice, the rule of law and due process. It exists to ensure impartiality by the disqualification of potentially biased or interested parties in the investigations”.

According to Honore-Paul, notwithstanding the fact the Trinidad and Tobago Police Service has the institutional strength and history to withstand pressure from whatever source, the publication of this information derived from private sour­ces has the potential to interfere with the investigations being conducted by independent and impartial bodies such as the Integrity Commission and the Trinidad and Tobago Police Service. “Moreover,” she said, “it has the potential to interfere with the public perception of the soundness of these investigations”.

The deputy DPP pointed out the investigations relate not only to whether the e-mails were in fact sent in September 2012 but also to whether they may have been acts by particular persons which amount to misconduct in public office. “The investigation necessarily includes an examination of events outside of the four corners of the purported e-mail correspondence since these may have the potential to confirm or refute the disputed e-mail communications,” she said.

Speedy resolution needed

Honore-Paul said she felt compelled to indicate that given the status and standing of those persons whose names are raised in this investigation and the national attention it has obviously generated, “it is my view that a comprehensive and speedy resolution is warranted. However, the investigation can only proceed as quickly as evidence is gathered, whether by way of mutual legal assistance or otherwise”.

“Accordingly,” she concluded, “it is my view that the police investigative team requires additional time to conclude their investigation. I note with interest that it is reported in the media that the acting CoP and the Integrity Commission also share the view that more time is needed.

“It is therefore with the interest of the Trinidad and Tobago public foremost in mind that I urge all concerned, whether directly or indirectly, to allow the police investigators the time and space to complete their investigations, without fear, favour, malice, ill-will or hindrance.”

The deputy DPP is overseeing the investigations in the emailgate matter because the DPP who was featured in one of the e-mails recused himself.

It was on the basis of the vindication the Government claimed to have received from the authorities they cited that it moved a motion of censure against Rowley, which had as a resolution the suspension from Parliament of the Opposition Leader.