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MINISTRY OF THE ATTORNEY GENERAL PRESS RELEASE AG RESPONDS TO PCA CHAIRMAN GILLIAN LUCKYS STATEMENTS IN THE PARLIAMENTS JOINT

SELECT COMMITTEE ON THE POLICE COMPLAINTS AUTHORITY The revelation by the Police Complaints Authority (PCA) Chairman, Gillian Lucky at todays parliamentary Joint Select Committee that her investigative report into the New Flying Squad Investigative Unit (NFSIU) which was leaked to PNM Senator Faris Al-Rawi was not a confidential document is shocking and confusing. This belated admission by Ms Lucky that the report is not confidential is troubling as section 21 (4) of the PCA Act states that all information and evidence obtained by the PCA in the performance of its duties is confidential and it is a criminal offence for anyone to disclose such information punishable by 5 years imprisonment. If the report is not a confidential one that could be leaked to the PNM, why not simply give the parliament, the government and the media a copy? It is difficult to reconcile this statement with the PCAs press release which initially criticized Al Rawi : The PCA is greatly concerned that public comments made on the matter have
placed highly sensitive information in the public domain while deliberations are still on-going.

Ms Lucky inferred that Al Rawis statements in Parliament could be a reference to the report from the Police Service alone. It is unfortunate that this was not clarified or corrected by Al Rawi who was present at the meeting. He perpetuated this false impression by his silence. It is strange that anyone would want to give the public the impression that Senator Al Rawi had access to the police report alone. That is misleading and inaccurate. Senator Al Rawi has repeatedly publicly confirmed thatBOTH reports were in fact leaked to him:
1. In his parliamentary contribution on the Finance Bill 2014 on Tuesday

8th April, 2014 he is quoted in the Hansard as saying, I received a report this afternoon, Mr President, dealing with the police, coming from the Trinidad and Tobago Police Service, and the PCA, that is the Police Complaints Authority, legal team report, both dealing with the New Flying Squad Investigation Unit.
2. He is also quoted in a Trinidad Express report dated Sunday 13 April,
th

2014 as saying, I did not receive the TTPS report or the PCA report into

the new flying squad issue from either of those sources, I in fact received them in an unmarked envelope left in my mailbox.
3. Further to that Senator Al Rawi, in an interview, with the CCN TV6

news, stated I did not receive those two reports from either the Trinidad and Tobago Police Service or the PCA that they were dropped off by an anonymous person, somebody I dont know, in a brown paper envelope to my offices.
4. Senator Faris Al Rawi appeared on CNC 3s morning talk show, The

Morning Brew, on Thursday 17th April, 2014 where he stated that, In the Senate, in the course of debate in the Finance Bill, speaking in the privilege of Parliament that I enjoy on an absolute basis, I raised in approximately forty seconds, the fact that two reports existed. The first Trinidad and Tobago Police report dated, December 13th, 2013 and the second report from the PCA. I said I received those reports in my mailbox and then subsequently I also said I received those effectively, in my offices.

The conflicting and contradictory postures from Senator Al Rawi and Ms Lucky serve to reinforce the need for an investigation by senior officers in the Police Service who were not hitherto connected to this case. It is also a matter for the Integrity Commission should investigate.

In the circumstances, the AG has written the Commissioner of Police to formally ask for a formal police investigation into this leak which has the potential to compromise the integrity and independence of critical institutions of the State. Dated: Tuesday 22nd April, 2014