AG Responds to Prison Officers Association
I was instructed by the Honourable Prime Minister to convene a Committee with the Acting Solicitor General Carol Hernandez, Chief State Solicitor Christophe Grant, The Commissioner of Prisons Mr. Conrad Barrow, the Inspector of Prisons Mr. Daniel khan and the Minister of Justice Mr. Emmanuel George. The Prison Officers Association was not in fact a member of the committee formed to investigate, among other things, allegations made by the very Association.
Having regard to the concerns raised by the Prison Officers Association, I did in fact notify its General Secretary Mr Gerard Gordon of the meeting to afford them the opportunity to participate in this process and submit their concerns to the Committee. I wish to clarify that the statements “which appeared to convey very negative connotations about prison officers” were in fact based on the findings and statements made by the High Court in various judgements delivered against prison officers in which Judges condemned their conduct.
The trial in the case of Jamal Sambury vs. The Attorney General is still presently pending before the High Court. These proceedings are therefore sub-judice. The assessment is scheduled to be heard on the May 21st, 2014 before Master Sobian-Awai. I did in fact seek a report on this matter and the concerns raised in the public domain from the Solicitor General (Ag.) to determine what action if any, should be taken.
I was advised by the Solicitor General (Ag.) that it would be inappropriate for anyone to consider this matter or matters arising therefrom while the case is pending before the Court. I accepted this advice as it would indeed be improper and prejudicial for any enquiry or action to be taken that would pre-empt the findings of the Court. The State is the Defendant in this matter and it would be unethical and in breach of the Legal Profession Act for the Office of the Attorney General to take any action on any case which is still before the courts. To do so would violate the Rule of Law and prejudice the rights of the parties before the Court.
In any event, an independent enquiry is in fact already on the way. Master Patricia Sobian-Awai has referred the Jamal Sambury matter to the Registrar of the Supreme Court who in turn, referred the Attorneys involved and the case to the Disciplinary Committee of the Law Association. The Disciplinary Committee is the statutory body vested with the powers to investigate and deal with matters of this kind under the Legal Profession Act. The High Court also remains vested with the inherent jurisdiction to protect its process and make such orders to protect same.
It would be improper for the Government as the Executive arm of the State to trespass upon the role and function of the Law Association and the High Court as to do so would amount to a usurpation of their legal functions, undermine their authority and breach the separation of powers. Indeed, it would undermine the rule of law.
The Attorney General and the Committee can and will however review complaints about the conduct of prison litigation and address any concerns arising out of matters that have been completed and are no longer before the Court. This will in fact be discussed at the meeting on Monday at 1.30 pm.
MINISTRY OF THE ATTORNEY GENERAL
2 May, 2014