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AG sends Google email report to Rowley, police, DPP, Integrity Commission

Thursday, August 28 2014

Attorney General Anand Ramlogan yesterday released letters sent to Opposition Leader Dr Keith Rowley, the Integrity Commission and law enforcement officers referring them to the findings of Google in relation to the alleged Section 34 email plot.

Ramlogan sent letters, through his attorney Pamela Elder SC, to Rowley, on August 26, Integrity Commissioner Registrar Martin Farrell, on August 25, and Deputy Director of Public Prosecutions (DPP) Joan Honore-Paul on August 26. Newsday received copies of the signed letters, although additional correspondence to Acting Commissioner of Police Stephen Williams appeared to be a draft and it was not clear if it was sent to the top cop or when.

In the brief letter to Rowley, the Diego Martin West MP is advised of documents also forwarded to him which were itemised as follows: a certified affidavit of Chi Nguyen, the Google Custodian of Records; the Stipulation and Amended Consent Order dated April 21, 2014; a Stipulation and Consent Order dated August 22, 2014 and Notice of Pendency of other Action or Proceeding filed on August 25, 2014 in the United States District Court, Northern District of California, San Francisco Division.

This follows Ramlogan and Elder’s disclosure last Sunday of Google’s sworn statement that emails attributed to Ramlogan and Prime Minister (PM) Kamla Persad-Bissessar in an alleged conspiracy did not exist.

Rowley had revealed in Parliament on May 20, 2013 that he had received 31 emails purporting to show correspondence between the PM, the AG, then Local Government and Works Minister Suruj Rambachan and then security adviser Gary Griffith, in a sinister move to undermine the Judiciary, the Office of the Director of Public Prosecutions and the media in relation to reporting on the controversial Section 34 legislation .

The allegations remain under investigation by the police and the Integrity Commission.

In 2013, Ramlogan filed a complaint in the California Supreme Court and was given leave to serve a supbeona on Google Incorporated for the production of records including “ documents confirming the existence and owners of seven Google-operated email accounts whose addresses appear on the transcripts of emails.”

In the letter to the Integrity Commission, it was indicated that the same documentary information sent to Rowley was also forwarded to the Commission. The same was submitted to the Deputy DPP.

However, Elder in the letter to Farrell, the Commissioner Registrar, refers to earlier correspondence dated January 31, 2014 which she submitted then stating Ramlogan had given written consent to Google to have his email and those of the PM, Griffith and Rambachan searched, and was therefore pleased to submit its findings to the Commission.

She noted that in previous letters from Farrell “there was a lack of consistency” about documents the Commission had in its possession. She spoke of a letter from Farrell dated October 23, 2013 in which “you described them as ‘copies of electronic mails’ whereas in your subsequent letter dated 27th November, 2013 your description shifted by your statement that they ‘appear to be copies of electronic mails’.”

Her concluding paragraph states, “ I trust that the attached documents which are self explanatory would not only assist the Integrity Commission in arriving at a firm and correct position as to the nature of the documents which form the basis of its investigation but would also provide enlightenment and guidance as to the way forward.”

The Integrity Commission has also petitioned the US courts for Google to respond to its request for information on the emails. The police have also since written Google on the issue.

Elder’s letter to the Deputy DPP refers to an investigation begun under then Deputy Commissioner of Police Mervyn Richardson, indicating that on May 24, 2013 he had informed Ramlogan that an investigation was being conducted into a report of alleged misbehaviour in public office.

She also referred to Honore-Paul’s statement in July 2013, following a report claiming Acting Police Commissioner Williams had said the emails were fake, indicating then investigators required time to gather evidence on which to base a request for information from internet service providers.

Stating that Google documents obtained by Ramlogan had been submitted to her office, Elder also advised that in her view they were “pertinent to a request for information” and “should be disclosed in any application for a warrant directed to Google to produce content from my client’s email account”. Of the submitted information Elder said, “the documents may assist you in reassessing the scope of the investigation”.

In the draft letter addressed to Williams, Elder makes the case that Google’s findings released to Ramlogan proved his reported statement that the emails were fake.

“It is my respectful opinion that the attached affidavit from Google’s custodian substantiates your alleged statement and proves beyond reasonable doubt that the documents presented to the House of Representatives by the Honourable Leader of the Opposition Dr Keith Rolwey are not true emails.”



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