A well-known government minister, sources say, is the one who alerted businessman Ishwar Galbaransingh about the early proclamation of Section 34. The minister, who has shared a close friendship with Galbaransingh for many years, was privy to discussions and the implications that Section 34 would unleash once it was proclaimed.
The issue of how businessmen and United National Congress financiers Galbaransingh and Steve Ferguson knew about the early proclamation has so far remained a mystery, with both men remaining mum. When the Sunday Guardian contacted Galbaransingh he said, "I have no comment to make on anything."
Asked how he found out about the early proclamation, Galbaransingh said, "This matter is in the courts and I would rather not say anything on it." The minister could not be reached for comment on Friday and yesterday, since his phone kept going to voicemail. A text message was sent to him requesting a comment, but up to late yesterday he did not respond.
Sources said sacked Justice Minister Herbert Volney ought not have been the only casualty of the Section 34 fiasco, since at least two other ministers with legal backgrounds were also privy to the legislation and knew of its implications. During the debate to have the section repealed, Independent Senator Corinne Baptiste-McKnight questioned how the men could have gone before a judge to make an application under the section before the legal notice had been published.
Baptiste-McKnight noted that Section 34 was only gazetted on September 10. However, both Galbaransingh and Ferguson, as well as others charged with corruption filed applications in the High Court for the charges against them to be dismissed even before the proclamation was gazetted.
Asked to comment on Baptiste-McKnight's observation, Attorney General Anand Ramlogan, at a recent graduation ceremony, said, "The gazetting is not the only way that someone can become aware of it...I can't speculate at all as to how they would come to know about it. I don't even know if what has been said by (Baptiste-Mc Knight) is in fact correct."
After the early proclamation there was uproar from various sectors. Chief Justice Ivor Archie said he had not been informed of the contentious section, which was subsequently repealed. The Prime Minister last month announced that she was firing Justice Minister Herbert Volney, who piloted the Administration of Justice (Indictable Offences) Act 2011.
In her address, Persad-Bissessar maintained there was no conspiracy behind the act and that Volney had acted on his own accord and deceived her Cabinet. Persad-Bissessar had said, "The Minister of Justice had a duty to faithfully and accurately represent the position and views of the Honourable Chief Justice and the DPP. He failed to do so and the Cabinet relied and acted on his assurances in good faith.
"His failure to do so is a serious misrepresentation and amounts to material non-disclosure of relevant facts to the Cabinet, which effectively prevented it from making an informed decision."