The decision-making process of any Integrity Commission must be respected and, if found wanting, appropriate judicial remedies can be sought, President Anthony Carmona has said. He also said yesterday that the recent resignations of two former Integrity Commission members, retired Justice Sebastian Ventour and Dr Shelly-Anne Lalchan, did not dissolve the current commission or cause it to become inoperable.
Carmona made these among several other statements when he addressed a gathering at President’s House, St Ann’s where new commission members—attorney and former temporary High Court judge Rajiv Persad and former secondary school vice principal/career educator Angela Young Lai—were sworn in to replace Ventour and Lalchan.
Present were commission chairman, retired Justice of Appeal Zainool Hosein, and members Deonarine Jaggernauth and Pete London. Ventour and Lalchan resigned from the commission six weeks ago. Ventour took issue with the commission’s move to terminate the “Emailgate” probe against the Prime Minister on the basis of there being insufficient grounds to continue it.
In a strong statement, Carmona also clarified the remit of his role with the commission and chastised those making certain uninformed comments. He began his statement by saying: “I am very mindful of the ongoing public comments about the status of the Integrity Commission and very mindful of my powers and responsibilities in relation to that of the commission.
Simplistic and sometimes inane referencing without more to presidential powers that I have and don’t have may have appealed to those engaged in ‘rumshop logic,’ but I am about the Constitution and the law: the rule of law, due process and the audi alteram partem rule.
“These basic principles and tenets must be consistently applied by all and for all and must never be the result of personal and political convenience and strategy.” Carmona addressed some of the relevant concerns about the commission. He said his opinions were based on case law and the advice of senior counsel and other senior attorneys.
He said the appointment of commission members was solely within the statutory remit of the President and was made after consultation with the Prime Minister and Leader of the Opposition as prescribed by Section 4 (4) of the Integrity in Public Life Act (IPL), Chap. 22:01:
“This consultative process does not require the approval or agreement of either the Prime Minister or Leader of the Opposition. Each appointment is independently made with the highest consideration of the integrity, high standing and qualifications necessary to give efficacy to the purpose and remit of the commission,” he said.
Between May 20 and 25, he said, since the resignations of Ventour and Lalchan, he had held separate meetings with the resigned and sitting commission members. “I was given the firm commitment by the three remaining members that they were prepared to continue in office.
“The recent commission, with its three members, was validly constituted for the purpose of carrying out its functions pursuant to the Integrity in Public Life Act. The resignations of the two members from the past Integrity Commission did not dissolve and/or cause the commission to become inoperable or defunct. The past Integrity Commission, therefore, with its three members, remained lawfully constituted.”
He noted that the IPL Act (Section 4 (6)) states that three members of the commission—of whom one shall be the chairman or deputy chairman—shall constitute a quorum. “Both case law and legislation provide for the continued existence and life of the Integrity Commission once the required quorum is present.”
He said in this regard, 36(1) (d) of the Interpretation Act, Chap. 3:01 states where a board is established under a written law, then, subject to any requirements with respect to a quorum, “the validity of any act done in pursuance of any power of the board shall not be affected by - (d) any vacancy in the membership of the board.”
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Newly appointed Integrity Commission member Rajiv Persad said yesterday it was no secret that he had once represented businessmen Ish Galbaransingh and Steve Ferguson. He was asked about it after he took the oath of office as an Integrity Commission member. Persad said if people perceived it as something negative, he couldn’t comment on that and it was a matter for them.
Asked if he was comfortable joining the commission in the light of public perception about it, he said one had to respect that other people would have different views. ”Our job is to do the task to the best of our ability and we’ll do that,” he said. Young Lai and Persad said they were honoured to have been given the privilege to serve “and we’re both going to try to live up to everyone’s expectations and see what we can do to help develop this wonderful country of T&T.”
Persad was called to the T&T bar in 1997, the bar of Antigua/Barbuda in 2003 and of Grenada in 2007. He’s been an acting High Court judge in T&T as well as St Vincent, the Virgin Islands and Grenada. He has extensive practice in all levels of criminal and public law, constitutional law, human rights and judicial review, contract and commercial law.
Young Lai is a UWI graduate in education, as well as holding qualifications in business management, accounting, leadership skill training, strategic planning and conflict resolution. She began her teaching career at St Joseph’s Convent, San Fernando, in 1968 and moved to Palo Seco Government School in 1973. She was acting vice principal and then promoted to vice principal. She was also vice principal of Holy Faith Convent between 2001 and 2006. She is heavily involved in community activities, was a lay minister, as well as a catechist at Fyzabad Secondary.