The mystery of the “missing” Vindra Naipaul-Coolman lawsuit file deepened yesterday, after it was mysteriously found.
This was confirmed last night in a media statement from the Attorney General’s Office. It was issued by lead investigator into the issue of the missing file, Justice Stanley John (retired).
John and Justice Rolston Nelson were hired last week to investigate the disappearance of the missing file, which is said to be the reason the state failed to mount a defence in a matter brought the nine former accused in the Naipaul-Coolman kidnapping/murder case.
That matter involved a claim for malicious prosecution mounted by the men, who won over $20 million, or $2.1m each, in a default judgment in court last week.
Immediately after, Attorney General Reginald Armour held a briefing, where he revealed that the file went missing almost immediately after the claim matter was served on the AG’s Office in 2020. He then announced John and Nelson would probe the matter.
Last night, the release from John, via the ministry, stated, “In my capacity as the Lead Investigator into the captioned subject matter with particular reference in the disappearance of the file in CV 2020 -01243, I was this evening: the 6th of February informed by the Solicitor General (Ag) Ms Karleen Seenath that the file in question was today handed over to her.
“I have immediately instructed that the Solicitor General (Ag) secure that file for collection by the Investigation team, the re-appearance of this file forms part of the continuing investigation.”
The release gave no other details on who returned the file or whether it was found within the office or externally.
The development broke as Opposition UNC leader Kamla Persad-Bissessar last night revealed she’d written Chief Justice Ivor Archie calling for the Judiciary to clear the air and not to “participate in that sham cover-up investigation” of the file, and also clear the name of Judge Karen Reid-Ballantyne, who was in the Solicitor General’s Office at the time the matter was being dealt with.
Speaking in Penal at Monday Night meeting, Persad-Bissessar also called on the TTPS to get involved in the investigation of the “Missing File” and not leave it to John and Nelson alone.
She said she was happy for Anand Ramlogan, SC, who’d done the case for the nine former accused, and dismissed the insinuation that Ramlogan may have been party to the file’s “disappearance.”
Persad-Bissessar questioned how, even though the file was missing, a submission was made by the state. She then noted that last Friday, AG Armour said no submission was made.
“They can’t even keep track of their own lies. That 20 million will stick on him like legal Evo Stick,” Persad-Bissessar said.
“He’s making Faris Al-Rawi look good—the laughing stock of the legal profession! What are his Law Association friends saying now when there’s negligence and dereliction of duty in the AG’s Office? They’re numb and dumb!
“I’m calling on the Law association, open your mouths and talk because your tax dollars are in that $20 million also!”
Saying the file is a mystery and also a lie, Persad-Bissessar noted reports on the timeline of the issue and the opportunities the AG’s Office would have had to intervene.
More worrisome, she said, is that former lawyer in the AG’s office—Reid-Ballantyne—is now a judge, but as an attorney in the AG’s Office Reid-Ballantyne had made assessments of damages in the case “... when there was no file?”
She called on the Judiciary to clear Reid-Ballantyne’s name.
She said she told the CJ in her letter that it wasn’t necessary to escalate the matter to a formal complaint to the Judicial and Legal Services Commission, as she was confident of the CJ’s prompt response.
But she said the Judiciary and Judge should be careful they didn’t in any way participate in validating and legitimising this “politically convenient investigation designed for damage control for the Government.”
Persad-Bissessar called on the Judiciary to issue a statement to ensure there is no breach in the separation of powers.
She also said the UNC had decided last Friday to support Erla Harewood-Christopher for Police Commissioner and wished her the best.
“It won’t be an easy job, crime’s at an all-time high... I trust Government gives her the resources she needs. Good luck Miss Erla, we’re proud of you,” she said.