Instead of quelling the controversy over an issue that strikes at the heart of this country's democracy, Prime Minister Kamla Persad-Bissessar's statement on Thursday night on the Section 34 debacle is likely to add further fuel to the firestorm that surrounds the early proclamation of the contentious clause.
Firstly, the Prime Minister went out of her way to stress the shared responsibility of the Parliament in the initial passage of the legislation-making the point on no fewer than seven occasions in the first third of her speech that Section 34 "would never have been proclaimed at any time had it not been unanimously approved in the Parliament and the Senate without a single abstention or dissenting voice."
She spent the last third of her speech arguing that Herbert Volney, whom she fired as her Minister of Justice on Thursday, was guilty of "serious misrepresentation" that "amounts to material non-disclosure of relevant facts to the Cabinet which effectively prevented it from making an informed decision" in claiming that the Chief Justice and the Director of Public Prosecutions supported the early proclamation of the law.
While conceding that her Cabinet was so misled, the Prime Minister failed to allow that the entire Parliament-including the elected opposition Members of Parliament and the independent and opposition Senators-may similarly have been misled by this "material non-disclosure of relevant facts" by Mr Volney.
The Prime Minister went as far as to charge that it was Parliament, in its collective wisdom, "that gave birth to Section 34." But while Parliament may technically have given birth to the Administration of Justice (Indictable Proceedings) Act, the legislation was conceived nine months previously in November 2011, when the bill was tabled in the House of Representatives.
Opposition leader Dr Keith Rowley, on his Facebook page yesterday, asserted that the legislation was laid in the House of Representatives for its first reading just four days after High Court judge Ronnie Boodoosingh's judgment in the extradition case of Ishwar Galbaransingh and Steve Ferguson, two men who have never hidden the fact that they have been financiers of the United National Congress.
In that judgment, Boodoosingh cleared the way for Galbaransingh and Ferguson to be tried locally, rather than extradited to the US, arguing that the local courts were the appropriate forum for them to face justice. Ms Persad-Bissessar contended on Thursday that the legislation "targeted no particular persons; it was not designed to protect any sectional interests."
She also rejected and dismissed the idea that Section 34 "was passed as part of some grand conspiracy designed to benefit certain individuals." The Prime Minister may well be right. On the other hand, it is beyond dispute that lawyers representing Mr Galbaransingh and Mr Ferguson petitioned the High Court on September 10, seeking to have the many corruption charges against them thrown out on the basis of Section 34, which had been proclaimed by President George Maxwell Richards a mere six working days earlier.
It can also be argued that had this story not exploded into the public's consciousness in the way that it did, the lawyers representing the two men would have had the opportunity to make their submissions that they were entitled to benefit from the proposed legislation because of the length of time their cases have dragged through the local judicial system.
It was the public scrutiny and the ensuing controversy-possibly the worst in the fractious 29 months of the People's Partnership administration-which forced the Government to revoke the clause, a move Ms Persad-Bissessar deserves some credit for instigating. Thursday's comments have also placed a glaring spotlight on the collective responsibility of Cabinet, which was at its worst in this matter.
In the circumstances, relieving Herbert Volney of his Justice Ministry portfolio doesn't go far enough to resolve this matter. The question, yet unanswered: is what was Mr Volney's motivation to dupe his Cabinet colleagues into agreeing to the August 31 proclamation? The question should also be asked whether he was the only one culpable in this matter. There are many questions for the Prime Minister to answer and issues for her to address on this matter and the Government needs to consider how it can bring more accountability to this issue.
