Missing File Found as Kamla Writes CJ

By Prior Beharry

THE missing file in the Office of the Attorney General that cost taxpayers more than $20 million has been found.

It has been handed over to the acting Solicitor General Karleen Seenath.

This was stated by lead investigator retired Justice Stanley John who has been hired by the Attorney General Reginald Armour to find out what happened to the file.

Justice John issued a statement on the letterhead of the Office of the Attorney General and Ministry of Legal Affairs at 9.08 pm on Monday.

The release stated, “In my capacity as the Lead Investigator into the above-captioned subject matter, with particular reference to the disappearance of the file in CV 2020-01243, I was this evening; the 6th 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 this continuing investigation.”

At a press conference last week, Armour said the file went missing the day after it was received at his office.

The state did not file a defence in the malicious prosecution case brought by nine former murder accused in the killing of businesswoman Vindra Naipaul-Coolman. In the assessment of damages matter before Master Martha Alexander the nine men who were acquitted of the murder were awarded $2.1 million each in damages.

Armour has since launched an investigation where Justice John is the lead investigator and former Caribbean Court of judge Rolston Nelson will provide legal advice.

At the UNC Monday Night Forum, Opposition Leader Kamla Persad-Bissessar revealed that she has written to Chief Justice Ivor Archie on the matter since she said that records showed that High Court judge Karen Reid-Ballantyne appeared in the assessment of damages while she was an Assistant Solicitor General.

Persad-Bissessar wrote, “A careful read of Master Alexander’s judgment, however, reveals that the AG was represented by Counsel, Ms Karen Reid-Ballantyne at the trial of the assessment of damages, who actively participated in the matter. The judgment records that Ms Reid-Ballantyne filed written submissions and made oral arguments to the Court in this matter.”

She said Justice Reid-Ballantyne was appointed a Puisne Judge of the High Court on December 1, 2022.

Persad-Bissessar noted that the judge has enjoyed a distinguished career at the Bar (both locally and regionally) and has also served in high public office.

She said Reid-Ballantyne is the former Solicitor General of Grenada and a former Assistant Solicitor General of Trinidad and Tobago. Additionally, she has worked at the Attorney General’s Chambers (British Virgin Islands), as Senior Legal Advisor to the Government of Montserrat, and as an associate at the law firm of Harbour Chambers BVI in the British Virgin Islands.

Persad-Bissessar said, “It is trite law that an attorney acts on the instructions of his client, on whose behalf he/she advocates the case. The allegation that Madam Justice Reid-Ballantyne conducted an entire trial to assess the damages in this case without having a file is a serious matter.

“If correct, it amounts to a gross dereliction of duty, professional negligence, and flagrant violation of the Code of Ethics that governs the legal profession. This would render her unfit to hold the office of Judge in the Supreme Court of Justice, which requires that Judges possess a high level of personal and professional integrity and impeccable character. Furthermore, Judges are accountable to the Constitution and to the law, which they must apply honestly, independently, competently, and with integrity.

“By press releases dated the 2nd and 3rd February 2023, we have called upon Madam Justice Reid-Ballantyne to clear the air on this troubling allegation, as a matter of urgency.

“To date, however, she has not done so. Her silence will fuel the perception that the allegations made by the AG against her are credible, correct, and justified. This will bring the administration of justice into disrepute and adversely impact on public confidence in the Judiciary.”

The release of Justice John was issued just as Persad-Bissessar completed the feature address at the UNC meeting on Monday evening.