President George Maxwell Richards can do nothing but hold a discussion with Prime Minister Kamla Persad-Bissessar about the controversy over Section 34 of the Administration of Justice (Indictable Offences) Act 2011. Persad-Bissessar, however, owes the country an explanation. Former head of the Public Service Reginald Dumas said Richards would be "out of place" to demand a written explanation from the Prime Minister or call for Cabinet ministers to resign.
Dumas has also branded yesterday's visit to Laventille by Persad-Bissessar and National Security Minister Jack Warner a "diversion." The controversial Section 34 would have allowed people to have their cases thrown out ten years after the alleged commission of the offence, once no trial had begun. It created an outcry, however, when Ishwar Galbaransingh and Steve Ferguson became the first to apply to be discharged after it was proclaimed on August 31.
On Tuesday, thousands heeded the call by Opposition Leader Dr Keith Rowley to march from Independence Square, Port-of-Spain, to deliver a petition to President's House. Rowley hand-delivered a petition with more than 25,000 signatures and called on Richards to demand a written explanation from Persad-Bissessar.
"The President can't demand anything of the Prime Minister...she is the head of the executive,"?Dumas said, adding: "What the President can do is take the petition to the Prime Minister and request she come and see him to discuss the matter...But I call on the Prime Minister to make a comprehensive statement on this matter." He said of the thousands of signatures, it was clear to discern that all might not be PNM supporters.
The decision to proclaim the act, Dumas said, was one which was made by Cabinet, which also included the input of the Prime Minister, and Persad-Bissessar must make a statement to the citizens. "The Prime Minister should very well come out and explain exactly what transpired, because as the head of Cabinet she is very much involved in the whole matter," he said.
"If the Prime Minister was in fact taken by surprise by the matter, as she claimed, then that would mean that one of her ministers went behind her back to the President to have the act proclaimed and therefore that would mean that the Prime Minister cannot repose trust in her minister," Dumas added. He said in the Westminster system if it appears that a member deliberately misled Parliament, that minister would have to do the honourable thing and resign.
He said citizens would not easily forget or dismiss the matter and equated the Section 34 controversy with corruption allegations surrounding Calder Hart or "even worse." "The Prime Minister visiting Laventille is a diversion to this issue. If the Government think they could simply divert people's attention by using these tactics, they are wrong," he said. "They don't understand what they have really done...they have offended the country by giving the country one thing and doing another by wanting to assist someone.
This is not a misstep, this is something that was clearly deliberate and done very cynically." Saying the Government was "very much on the defensive" and it was "not looking good," Dumas said nevertheless he did not expect the Prime Minister to deliver a public explanation. "While I call on the Prime Minister to make a public statement I do not expect it...If I were the Prime Minister I would continue to keep my mouth shut," he said.
