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Anand Ramlogan

From Wikipedia, the free encyclopedia
Legal advocate

Anand Ramlogan,SC
Attorney General of Trinidad and Tobago
In office
28 May 2010 – 2 February 2015
Preceded byJohn Jeremie
Succeeded byGarvin Nicholas
Personal details
BornBen Lomond,San Fernando,Victoria County,Trinidad and Tobago
Political partyUnited National Congress
SpouseNalini Nanan
Alma materUniversity of the West Indies,Queen Mary & Westfield College,University of Westminster
OccupationAttorney at LawS.C.

Anand Ramlogan,SC is a member of the Bar of Trinidad and Tobago, England & Wales and the British Virgin Islands.[1] He is the founder and head of Freedom Law Chambers[1] which is based in the city ofSan Fernando, Trinidad. He served as junior counsel to the late [[Sir Fenton Ramsahoye|Sir Fenton Ramsahoye, QC, SC.[2] in whose footsteps he followed to become theAttorney General of Trinidad and Tobago during the period 28 May 2010 – 2 February 2015.[3] As Attorney General, he was also the titular head of the bar.

Ramlogan is also aconstitutional andhuman rightslawyer, having been called to the bar of Trinidad and Tobago in 1996 and the bar of England and Wales in 1994, and was appointedSenior Counsel on 30 December 2011. He was awarded the prestigious Express Individual of the Year award in 2004 joining a distinguished list of recipients that includes former Chief Justice Michael DeLabastide, Prime Ministers, Presidents and other prominent citizens for his outstanding work in successfully representing ordinary citizens whose rights were violated by the government.[4]

He is a member of the Honourable Society of the Middle Temple (U.K.), the holder of an L.L.B. degree and a Master's in Corporate and Commercial Law.[5] Ramlogan is one of the top legal minds in the Caribbean. He frequently appears in leading cases for or against the state in the superior courts including the London-based final appellate court, the Privy Council where he has done numerous appeals. His recent cases in the Privy Council include:

  • Maharaj v The Cabinet of Trinidad [2023] UKPC 17 in whichRavi Balgobin Maharaj challenged the government's decision to postpone local government elections. In a historic judgment, theJudicial Committee of the Privy Council ruled against the government thereby forcing the Prime Minister to call the elections. The term of office of representatives had come to an end in December 2023.[6][7]
  • JM v The Attorney General [2022] UKPC 54 - This case concerned a child who was tortured and sexually abused at a home for children. It was the first time in legal history that the state was found to have subjected a child to cruel and unusual punishment because of the "living hell" that was made to endure from 12 years old. The child was awarded $2 Million for the breach of his constitutional rights which included $1 Million or vindicatory damages - the largest sum ever.[8][9][10]
  • Akili Charles v The Attorney General [2022] UKPC[1]- This landmark case challenged a law that prohibited bail for murder. In a unanimous decision, the Privy Council ruled[11] that such a law was unconstitutional thereby paving the way for persons accused of murder to apply for bail.[12][13] Thus, after persons accused of murder could not apply for bail (regardless of the circumstances) for over a century, they can now do so. Bail should only be granted in cases where the accused does not pose a threat to society.[14]
  • Akili Charles v The Attorney General [2022] UKPC 49 - The state was ordered to pay the legal costs of a re-trial because it was the author of the "colossal misstep" that affected many prisoners who had been awaiting trial for over a decade.[15][16][17]
  • A&A Mechanical v Petroleum Company of Trinidad - This was a multi-million-dollar commercial dispute which resulted in the national oil company having to pay millions of dollars to a local contractor. It is now a leading case on the law on "without prejudice" communications in the context of commercial negotiations.[18]

Education

[edit]

He received hisprimary education at the Reform Presbyterian School and secondary schooling atASJA Boys' College and Pleasantville Senior Comprehensive, inSan Fernando.[19] On completing secondary school, he entered theUniversity of the West Indies,Cave Hill campus,Barbados, to read for hisBachelor of Laws degree where he won several prizes for academic excellence including the Mark of Merit and best all round student.

Ramlogan was awarded severalpost-graduatescholarships and read for hisLLM (incorporate andcommercial law) at theCentre for Commercial Law Studies, Queen Mary & Westfield College,University of London (now known as theQueen Mary University). Whilst at the Queen Mary & Westfield, he simultaneously pursued apost-graduatediploma inLaw at theUniversity of Westminster, courtesy the BritishChevening Scholarship and theBritish Foreign Office Scholarship programme.[19]

Private practice

[edit]

He is an advocate who is known for his pioneering work in the field ofhuman rights,constitutional andpublic law where he represents the interests of the average man against the government. He uses the instrument of the law to achieve social transformation and many of his cases have prompted significant changes in the law. He gives advice on a wide range of matters to public officials and lawyers in other Caribbean countries. He is admitted to practice in the British Virgin Islands (BVI), St Lucia and Anguilla.

His recent legal exploits include successful challenges to the appointment ofGary Griffith as Commissioner of Police,[20] constitutional challenges to the Proceeds of Crime Act[21] and the property tax legislation[22] which effectively prevented the government from implementing the property tax for over 5 years.

He has appeared in over 50Privy Council appeals[23] and has also appeared before theCaribbean Court of Justice.

Recent cases before the UK-based Judicial Committee of His Majesty's Privy Council (the highest court for Trinidad and Tobago) include:

  • Challenging the decision to construct a highway through theAripo Savannas Strict Nature Reserve, a unique ecosystem which was declared Environmentally Sensitive.[24][25]
  • Freedom of Information application against national oil company to ascertain the basis for withdrawing a multi-billion dollar lawsuit by the new government.[26][27]
  • The correct composition of the Judicial & Legal Service Commission which is responsible for making judicial appointments.[28][29]
  • Challenging delay by the National Energy Corporation in providing information about the ethnicity of senior staff.[30][31]
  • Breach of the constitutional rights of children.[32]
  • Damages for breach of the right to equality of treatment.[33]
  • Unfair treatment regarding promotion in the police service.[34]
  • Denial of legal costs.[35]

He has done numerous cases in theHigh Court andCourt of Appeal in breach of contract, defamation, discrimination, police brutality, medical negligence, personal injuries and commercial law.

Political and journalistic activities

[edit]

Mr. Ramlogan has a distinguished record in public service and has served on many committees and statutory bodies such as thePetroleum Company of Trinidad and Tobago, the Law Reform Commission, theCivil Aviation Authority, the Commission of Enquiry into the Administration of Justice and the Vision 2020 plan for Constitutional Reform.[36]

Anand entered politics as a candidate for theCongress of the People (COP) under the leadership of ProfessorWinston Dookeran. He contested the seat for the constituency ofTabaquite in 2007 but subsequently re-joined theUnited National Congress afterKamla Persad-Bissessar was elected political leader.[37] He was subsequently appointed a government senator and Attorney General.[38][36]

Prior to his appointment as Attorney General, Ramlogan was a prominent lawyer who had become a household name for championing the legal cause of many poor and downtrodden citizens. He also won many historic cases against thePeople's National Movement government for persons such as former CEO of theSan Fernando City Corporation Marlene Coudray,Devant Maharaj, Feroza Ramjohn, George Daniel and Damien Belfonte.[39]

Anand was also an active member of the media, hosting a radio talk show with radio 90.5 FM, was a columnist with the leading daily newspapers, the Sunday Guardian, the Express and the Newsday newspapers for many years.[40] His views are sought after by the media on a wide range of legal, social and political issues.  

Attorney generalship

[edit]

On 26 May 2010, two days after the success of thePeople's Partnership in the2010 General Election, Anand Ramlogan was appointed aSenator and Attorney General byKamla Persad-Bissessar. Under Section 75 (2) of theconstitution, the Attorney General must be appointed forthwith after theprime minister of Trinidad and Tobago in order for theCabinet to be properly established.[41]

In 2019, Ramlogan was charged with misconduct in public office.[42] He maintained that he was the victim of political conspiracy. The charges were eventually discontinued by the DPP after it was discovered that millions of dollars had been secretly paid by the new PNM Government to the prosecution's lone witness as part of an undisclosed illicit indemnity agreement.[43][44]

Former independent senator and president of the law associationMartin Daly, SC said it was akin to bounty hunting.[45]  

References

[edit]
  1. ^ab"Our Team". Freedom Law Chambers. 2 February 2021. Retrieved9 April 2021.
  2. ^"Privy Council pays tribute to Sir Fenton".Trinidad and Tobago Newsday. 1 February 2019. Retrieved9 April 2021.
  3. ^"PAST ATTORNEY GENERALS – Ministry of the AGLA". Retrieved9 April 2021.
  4. ^"Anand Ramlogan".Trinidad Express Newspapers. 12 November 2004. Retrieved3 May 2021.
  5. ^"Law - Queen Mary University of London".www.qmul.ac.uk. Retrieved9 April 2021.
  6. ^Loutoo, Jada (19 May 2023)."Privy Council: Local government extension wrong – LET THE PEOPLE DECIDE - Trinidad and Tobago Newsday".newsday.co.tt. Retrieved25 May 2023.
  7. ^"Ravi Balgobin Maharaj (Appellant) v The Cabinet of the Republic of Trinidad and Tobago and another (Respondents) (Trinidad and Tobago)"(PDF).
  8. ^Loutoo, Jada (19 December 2022)."Privy Council restores $2m award for abused teen - Trinidad and Tobago Newsday".newsday.co.tt. Retrieved2 January 2023.
  9. ^Wilson, Sascha."Privy Council upholds $2M award to teen victim for severe sex trauma at state facilities".www.guardian.co.tt. Retrieved2 January 2023.
  10. ^"Wake-up call for all".Trinidad Express Newspapers. 20 December 2022. Retrieved2 January 2023.
  11. ^Court, The Supreme."Attorney General of Trinidad and Tobago (Appellant) v Akili Charles (Respondent) No 2 (Trinidad and Tobago) - Judicial Committee of the Privy Council".www.jcpc.uk. Retrieved26 September 2022.
  12. ^Ramdass, Rickie (28 July 2022)."It's now the law: State loses appeal, murder accused can apply for bail".Trinidad Express Newspapers. Retrieved26 September 2022.
  13. ^Loutoo, Jada (28 July 2022)."Ramlogan: Battle for bail was never about freeing criminals".Trinidad and Tobago Newsday. Retrieved26 September 2022.
  14. ^Loutoo, Jada (28 July 2022)."Privy Council settles law, allows bail for murder".Trinidad and Tobago Newsday. Retrieved26 September 2022.
  15. ^Loutoo, Jada (8 December 2022)."Privy Council awards $275,000 to murdered ex-murder accused - Trinidad and Tobago Newsday".newsday.co.tt. Retrieved2 January 2023.
  16. ^Achong, Derek."Deceased ex-murder accused wins $.2M from state".www.guardian.co.tt. Retrieved2 January 2023.
  17. ^"'A COLOSSAL MISSTEP'".Trinidad Express Newspapers. 9 December 2022. Retrieved2 January 2023.
  18. ^Loutoo, Jada (3 November 2022)."Privy Council: Petrotrin must pay contractor $4.8m - Trinidad and Tobago Newsday".newsday.co.tt. Retrieved2 January 2023.
  19. ^ab"Current Members".ttparliament.org. Retrieved19 October 2015.
  20. ^"Appointment of Gary Griffith as acting CoP null and void".www.guardian.co.tt. Retrieved8 February 2022.
  21. ^"Businessman, wife win challenge over $1m held under Proceeds of Crime Act".Trinidad and Tobago Newsday. 20 May 2021. Retrieved8 February 2022.
  22. ^"Appeal Court rules first property-tax collection exercise illegal".Trinidad and Tobago Newsday. 14 January 2022. Retrieved8 February 2022.
  23. ^"Doughty Street Chambers Profile View".Doughty Street Chambers.Archived from the original on 3 March 2021. Retrieved14 April 2021.
  24. ^"Fishermen and Friends of the Sea v Environmental Management Authority and Others - [2018] UKPC 24".vLex. Retrieved15 April 2021.
  25. ^"Fishermen and Friends of the Sea v Environmental Management Authority and others"(PDF).Judicial Committee of the Privy Council.Archived(PDF) from the original on 27 January 2021. Retrieved14 April 2021.
  26. ^"Christopher Knight in Privy Council FOIA Appeal".11KBW. 31 May 2019. Retrieved15 April 2021.
  27. ^"Maharaj v Petroleum Company of Trinidad and Tobago Ltd - [2019] UKPC 21".vLex. Retrieved15 April 2021.
  28. ^"Attorney General of Trinidad and Tobago v Maharaj (Trinidad and Tobago)"(PDF).Judicial Committee of the Privy Council.Archived(PDF) from the original on 15 April 2021. Retrieved14 April 2021.
  29. ^Achong, Derek."Privy Council rules JLSC not properly constituted".www.guardian.co.tt. Retrieved15 April 2021.
  30. ^"Devant wins at Privy Council".Trinidad and Tobago Newsday. 31 January 2019. Retrieved15 April 2021.
  31. ^"Equitable governance?".www.guardian.co.tt.Archived from the original on 16 April 2021. Retrieved15 April 2021.
  32. ^Court, The Supreme."Commissioner of Prisons and another (Respondents) v Seepersad and another (Appellants) (Trinidad and Tobago) - Judicial Committee of the Privy Council".www.jcpc.uk. Retrieved15 April 2021.
  33. ^Court, The Supreme."Central Broadcasting Services Ltd and another (Appellants) v The Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) - Judicial Committee of the Privy Council".www.jcpc.uk. Retrieved15 April 2021.
  34. ^Court, The Supreme."Seukeran Singh (Respondent) v Commissioner of Police (Appellant) (Trinidad and Tobago) - Judicial Committee of the Privy Council".www.jcpc.uk. Retrieved15 April 2021.
  35. ^Court, The Supreme."Singh (Appellant) v Public Service Commission (Respondent) (Trinidad and Tobago) - Judicial Committee of the Privy Council".www.jcpc.uk. Retrieved15 April 2021.
  36. ^ab"Trinidad and Tobago Parliament".www.ttparliament.org. Retrieved15 April 2021.
  37. ^"Ramlogan: No room for third party in T&T".www.guardian.co.tt.Archived from the original on 15 April 2021. Retrieved15 April 2021.
  38. ^"Anand Ramlogan is AG".www.guardian.co.tt. Retrieved15 April 2021.
  39. ^Achong, Derek."Privy Council: Revocation and veto by Manning unfair".www.guardian.co.tt. Retrieved15 April 2021.
  40. ^"Caribbean Mission Report"(PDF).International Press Institute.Archived(PDF) from the original on 15 April 2021. Retrieved14 April 2021.
  41. ^"Archived copy"(PDF). Archived fromthe original(PDF) on 15 October 2012. Retrieved2012-12-25.{{cite web}}: CS1 maint: archived copy as title (link)
  42. ^"DPP discontinues corruption charges against Ramlogan".www.guardian.co.tt. Retrieved31 October 2022.
  43. ^"Egg on Govt's face".Trinidad Express Newspapers. 11 October 2022. Retrieved31 October 2022.
  44. ^"Questions that will not be silenced".Trinidad Express Newspapers. 30 October 2022. Retrieved31 October 2022.
  45. ^"Akin to bounty hunting".Trinidad Express Newspapers. 15 October 2022. Retrieved31 October 2022.
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