59.
The fair-minded and informed observer would therefore take into
consideration all of the circumstances as they are now known to him. These
include:i. the emphatic and categorical denial of one party, (the PM), to the alleged
email exchange as set out above.
ii. the less categorical but no less emphatic denial by the other party, (the
CJ), to the alleged exchange.
iii. the fact that no copy of the alleged WhatsApp message from the CJ to the
PM has been produced, though allegedly seen (and reported upon).
iv. the fact that alleged WhatsApp messages, (though it is alleged on behalf
of the CJ that they were doctored), were produced by the same reporter but
not this critical one.
v. the inherent implausibility of a Chief Justice seeking to facilitate provision
of housing by communicating privately with a PM in respect of Dylan Huggins
and Carol Huggins, persons known to be victims of Romero, a self-confessed
fraudster. Such observer would not forget that Romero had been reported
to the police by that same CJ. Such an observer would recall that Romero
had pleaded guilty to fraud committed by pretending to be able to obtain
such housing for persons, including those very victims, in exchange for fees
of TT$4500 and TT$4000. Such an informed observer, knowing that a fraud
had been perpetrated on the persons alleged to be the subject of the
purported WhatsApp messages, would hardly remain of the view that two
of the highest office holders in the country were yet communicating via
WhatsApp to facilitate provision of HDC housing for those persons, far less
doing so shortly after the election.
60.
He/she, would not necessarily unthinkingly accept denials, no matter
how emphatic, solely because they emanate from holders of high office.
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