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Anand Ramlogan
Legal advocate From Wikipedia, the free encyclopedia
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Anand Ramlogan SC (born 26 August 1972) is a Trinidad and Tobago attorney and former politician who served as Attorney General from May 2010 to February 2015 under the People’s Partnership administration, led by Prime Minister Kamla Persad-Bissessar.[1] He was appointed Attorney General following the coalition's victory in the 2010 general election and was involved in shaping government legal policy and public law litigation.
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A senior counsel and founder of the Freedom Law Chambers, Ramlogan has been involved in a range of high-profile constitutional and human rights cases before both local and regional courts, including the Judicial Committee of the Privy Council and the Caribbean Court of Justice.[2][3]
During his tenure as Attorney General, he was associated with the implementation of Section 34 of the Administration of Justice (Indictable Proceedings) Act,[4] which led to widespread public and political criticism after it was perceived to enable the early dismissal of corruption cases involving prominent businessmen.[4]
After demitting office in 2015, Ramlogan returned to private legal practice. He was arrested in 2017 and later charged with witness tampering and corruption. However, in October 2022, the Director of Public Prosecutions discontinued the case, citing insufficient evidence to proceed.[5]
Ramlogan remains an active legal practitioner and a prominent figure in Trinidad and Tobago's legal and political landscape.
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Early life and education
Ramlogan was born in 1973 in Penal, a town in South Trinidad.[citation needed] He grew up in Ben Lomond.[6]
Ramlogan obtained his Bachelor of Laws (LL.B.) degree from the University of the West Indies, Cave Hill campus, in Barbados.[7]
He later pursued postgraduate studies in the United Kingdom, earning a Master of Laws (LL.M.) with distinction in Public Law from the University of London.[7]
Legal career
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Ramlogan founded the law firm Freedom Law Chambers in San Fernando, which became known for handling complex public interest litigation and high-profile legal matters.[8]
Ramlogan is a member of the Honourable Society of the Middle Temple (U.K.) and the holder of an L.L.B. degree and a master's in corporate and commercial law.[9] 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 argued numerous appeals. His recent cases in the Privy Council include:
- Maharaj v The Cabinet of Trinidad [2023] UKPC 17, in which Ravi Balgobin Maharaj challenged the government's decision to postpone local government elections. In a historic judgment, the Judicial 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.[10][11]
- 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 conditions they were made to endure from the age of 12 years. The child was awarded $2 Million for the breach of their constitutional rights, which included $1 Million for vindicatory damages - the largest sum ever.[12][13][14]
- Akili Charles v The Attorney General [2022] UKPC - This landmark case challenged a law that prohibited bail for murder. In a unanimous decision, the Privy Council ruled[15] that such a law was unconstitutional, thereby paving the way for persons accused of murder to apply for bail,[16][17] though only in cases where the accused does not pose a threat to society.[18]
- 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 numerous prisoners, who had been awaiting trial for over a decade.[19][20][21]
- 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.[22]
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Private practice
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He is an advocate known for representing clients in human rights, constitutional and public law cases, many of which have led to notable changes in Trinidad and Tobago 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), Saint Lucia and Anguilla.
His recent legal exploits include successful challenges to the appointment of Gary Griffith as Commissioner of Police,[23] constitutional challenges to the Proceeds of Crime Act[24] and the property tax legislation[25] which effectively prevented the government from implementing the property tax for over 5 years.
He has appeared in over 50 Privy Council appeals[26] and has also appeared before the Caribbean 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 the Aripo Savannas Strict Nature Reserve, a unique ecosystem which was declared Environmentally Sensitive.[27][28]
- Freedom of Information application against national oil company to ascertain the basis for withdrawing a multi-billion dollar lawsuit by the new government.[29][30]
- The correct composition of the Judicial & Legal Service Commission which is responsible for making judicial appointments.[31][32]
- Challenging delay by the National Energy Corporation in providing information about the ethnicity of senior staff.[33][34]
- Breach of the constitutional rights of children.[35]
- Damages for breach of the right to equality of treatment.[36]
- Unfair treatment regarding promotion in the police service.[37]
- Denial of legal costs.[38]
He has done numerous cases in the High Court and Court of Appeal in breach of contract, defamation, discrimination, police brutality, medical negligence, personal injuries and commercial law.
Political and journalistic activities
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Ramlogan served on many committees and statutory bodies such as the Petroleum Company of Trinidad and Tobago, the Law Reform Commission, the Civil Aviation Authority, the Commission of Enquiry into the Administration of Justice and the Vision 2020 plan for Constitutional Reform.[39]
Anand entered politics as a candidate for the Congress of the People (COP) under the leadership of Professor Winston Dookeran. He contested the seat for the constituency of Tabaquite in 2007 but subsequently re-joined the United National Congress after Kamla Persad-Bissessar was elected political leader.[40] He was subsequently appointed a government senator and Attorney General.[41][39]
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 the People's National Movement government for persons such as former CEO of the San Fernando City Corporation Marlene Coudray, Devant Maharaj, Feroza Ramjohn, George Daniel and Damien Belfonte.[42]
Ramlogan 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.[43] His views are sought after by the media on a wide range of legal, social and political issues.
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Attorney generalship
On 26 May 2010, two days after the success of the People's Partnership in the 2010 General Election, Anand Ramlogan was appointed a Senator and Attorney General by Kamla Persad-Bissessar. Under Section 75 (2) of the constitution, the Attorney General must be appointed forthwith after the prime minister of Trinidad and Tobago in order for the Cabinet to be properly established.[44]
In 2019, Ramlogan was charged with misconduct in public office.[45] 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.[46][47]
Former independent senator and president of the law association Martin Daly, SC said it was akin to bounty hunting.[48]
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References
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