The two senior counsel who advised former attorney general Faris Al-Rawi on the indemnity agreement with convicted King’s Counsel Vincent Nelson are being asked to publicly come clean on their roles in the drafting of the controversial settlement.

The call comes from Senior Counsel Israel Khan who said his request is being made in his personal capacity. Khan is president of the Criminal Bar Association.

At a media conference last week, Al-Rawi admitted to his role in forging an indemnity agreement between the Government and Nelson but said he did not advise himself on preparing it.

He said the arrangement was made after the AG's Office hired two senior counsel in 2017 when Nelson came forward with the information of the alleged criminal conspiracy to defraud the State.

He named Douglas Mendes, SC, and Gilbert Peterson, SC, as the two attorneys who assisted the Government to prepare the indemnity agreement.

[caption id="attachment_982131" align="alignnone" width="450"] Douglas Mendes, SC -[/caption]

Both men declined to comment when contacted by Newsday immediately after their names were called.

On Saturday, Khan said the agreement was ab initio ultra vires (beyond one’s legal power from the beginning) the Constitution and those who assisted or advised cannot now hide behind the shield of lawyer/client privilege.

He said nowhere in the Constitution, or under any statute, is the attorney general, or any other minister, authorised to enter into an indemnity agreement in order to facilitate a potential witness under whistle-blower legislation to give evidence against alleged bribe takers.

“This is the prerogative of the DPP who would request the police to take the necessary witness statements and the DPP will decide on what sort of leniency he will plea bargain with the witness.”

In addressing both men, Khan told them by now they knew Al-Rawi named them as his advisers on the indemnity agreement”

“I doubt very much that both of you knew that the massive inducements will be hidden from the DPP and Parliament and, most of all, that Vincent Nelson will use this agreement as the basis of pleading guilty and giving evidence against his co-accused for bribery and corruption.”

Khan had two questions for Mendes and Peterson.

“Were there legal retainers for giving the advice, if you did give the advice or was it pro bono (free of charge) work?

“Did any of you have sight of this indemnity agreement in order to give the advice or was it done via a telephone conversation?”

[caption id="attachment_982132" align="alignnone" width="966"] Gilbert Peterson, SC. -[/caption]

Khan pointed out that the Law Association in its statement on Friday held the view the signing of the agreement was “highly unusual and simply wrong,” but he said he was of the view it could be “an illegal act.”

He said it was no business of the former AG to bargain with a potential witness, pay millions to his lawyers, and make promises the agreement will be “kept secret.”

Khan pointed out the agreement was not revealed to the j