After removing six members of her own Cabinet last night, Prime Minister Kamla Persad-Bissessar immediately trained her guns on Police Complaints Association (PCA) head David West and Opposition Leader Dr Keith Rowley.
In announcing that she had accepted the resignations of Attorney General Anand Ramlogan and National Security Minister Gary Griffith, the PM said both had an obligation to inform her of the alleged call to West regarding the request to withdraw his witness statement in the defamation matter between Ramlogan and Rowley.
She said West and Rowley also had an obligation to inform both her and the President that he (West) was involved in the legal matter between Ramlogan and Rowley and that he had made a witness statement on Rowley’s behalf before he was appointed to the PCA on November 7, 2014.
“What is of equally grave concern to me, as it should be to the nation, is the compromised position of the director of the PCA arising out of this situation,” she said in an address at the Diplomatic Centre, St Ann’s.
Persad-Bissessar said the main question was why West did not tell her or President Anthony Carmona he was a key witness in the civil matter when he was approached to head up the PCA in late October.
“Why did he wait till now to make public this matter?” she asked.
The T&T Guardian understands that the PM cannot revoke West’s appointment under the PCA Act. (See box) As such, it is West who will have to voluntarily step down.
Persad-Bissessar also asked why Rowley did not inform Carmona that West was already a witness in the legal matter.
“He was consulted about the appointment by myself. It is my respectful view that he had an obligation, it was not mandatory, to inform me and His Excellency. There are more questions than answers,” she said.
She also wondered whether Rowley sought to deliberately “hoodwink” the President by his “non-disclosure.” She said Rowley’s “failure” to do so created doubt in the minds of the public.
“Why was there such a delay between November when the appointment was made and now?” she said.
She said despite being on the cusp of an election, she was prepared to do the right thing and having accepted the resignations of Ramlogan and Griffith, called on West to “immediately resign” or have his appointment revoked.
“Withholding such information has seriously compromised the appointment of the director of the PCA,” she said.
Persad-Bissessar said she removed Griffith for being aware of the prevailing issue between Ramlogan and West and not informing her.
“Upon placing that cPCA legislationall, the Minister of National Security did not consult with me or make it known the details of his conversation with the director of the PCA,” she said.
“The minister also did not report to me the alleged request of the attorney general either before or after his call to the director of the PCA.”
The question that remained, the PM said, was whether Griffith was under an obligation to inform her as Prime Minister that such a request had been allegedly made by Ramlogan.
PCA legislation
According to the PCA Act, these are the strict provisions to remove the Director of the PCA
12. The President, acting in his discretion, may revoke the appointment of a person as Director or Deputy Director where he is satisfied that the person—
(a) has, without reasonable excuse, failed to carry out his prescribed duties for a continuous period of three months;
(b) is unable to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause,or for
misbehaviour; or
(c) has become a person who would be disqualified for appointment pursuant to section 8
8. No person is qualified to be appointed as Director or Deputy Director if that person—
(a) is a member of— (i) the Senate; (ii) the House of Representatives; (iii) the Tobago House of Assembly; (iv) a Municipal Corporation
(b) was at any time during the three years preceding appointment— (i) a member of the Senate; (ii) a member of the House of
Representatives; (iii) a member of the Tobago House of Assembly; (iv) a member of a Municipal Corporation; (v) a candidate for election to membership of the House of Representatives, the Tobago House of Assembly or a Municipal Corporation.
(c) is or was a police officer
(d) is an undischarged bankrupt
(e) has at any time had a record of a criminal conviction for any indictable or summary offence which carries a term of imprisonment of three or more months
(f) has been dismissed from the Public Service