Nelson loses second appeal over kickback conviction

King’s Counsel Vincent Nelson has lost a second appeal over his conviction for participating in an alleged legal fee kickback scheme.

Appellate Judges Nolan Bereaux, James Aboud, and Geoffrey Henderson dismissed Nelson’s appeal this morning, citing his delay in filing it after pleading guilty to a string of corruption offences and being sentenced in 2019.

The three-member panel reviewed Nelson’s case after Appellate Judge Mark Mohammed had initially rejected the appeal last year.

Delivering the panel’s decision, Justice Henderson said, “The Court is of the opinion, therefore, that no satisfactory or convincing reasons have been proffered which justify the lengthy delay in this case.”

In October 2017, Nelson provided a notarised statement in which he alleged that former attorney general Anand Ramlogan, SC, demanded 10 per cent of the legal fees Nelson received for representing the State and State companies between 2010 and 2015. He claimed that attorney Gerald Ramdeen acted as an intermediary by collecting the funds and passing them on to Ramlogan.

Almost a month later, Nelson signed an indemnity agreement with then attorney general Faris Al-Rawi. The document stated that Nelson’s statement would not be made public, including through Parliamentary debate.

While the statement could be disclosed to the Office of the Director of Public Prosecutions (DPP) and the Anti-Corruption Investigation Bureau (ACIB), the agreement prohibited disclosure to any foreign prosecuting, tax enforcement, regulatory, or disciplinary authorities. It also assured Nelson that he would not face civil litigation to recover previously paid legal fees.

Al-Rawi further agreed to make representations to the DPP’s Office requesting that Nelson not be prosecuted. The agreement also indemnified Nelson from any litigation over the allegations in the statement, which could be subject to defamation claims. It covered any legal costs Nelson would incur from the prosecution of Ramlogan and Ramdeen.

In 2019, Ramlogan, Ramdeen, and Nelson were charged with conspiring to receive, conceal, and transfer criminal property — specifically, payments made by Nelson to Ramlogan for being appointed to represent the State in multiple legal matters. They were also charged with conspiring to corruptly transfer a portion of those fees to Ramlogan and to cause him to misbehave in public office.

Soon after being charged, Nelson entered into a plea agreement with the DPP in exchange for his testimony against Ramlogan and Ramdeen.

In March 2020, High Court Judge Malcolm Holdip upheld the agreement and imposed a total of $2.25 million in fines on Nelson for his role in the alleged conspiracy. Under the agreement, the charge of conspiring to commit misbehaviour in public office was dropped. He was fined for the other two offences.

As part of his sentence, Holdip ruled that Nelson, who had been held in protective custody during visits to Trinidad, was free to return to the United Kingdom while he paid the fines through a 10-month court-approved payment plan. He was also placed on a $250,000 bond to keep the peace for three years.

Nelson later sued the State, claiming it had breached the indemnity agreement with Al-Rawi. He alleged that his statement was disclosed to the United Kingdom’s National Crime Agency (NCA), which began investigating him before ceding jurisdiction to Trinidadian authorities. The case remains sealed and pending.

He also filed a separate appeal challenging his conviction, based on the events surrounding the indemnity agreement.

In October 2022, DPP Roger Gaspard, SC, discontinued the corruption case against Ramlogan and Ramdeen due to Nelson’s refusal to testify while his lawsuit and appeal remain unresolved. Gaspard said the charges may be refiled if Nelson’s position changes.

Nelson was represented by Edward Fitzgerald, KC, Naveen Maraj, and Varun Debideen. The DPP’s Office was represented by Ian Benjamin, SC, Tekiyah Jorsling, and Tonya Rowley.