PORT OF SPAIN -The ruling People’s National Movement (PNM) has welcomed a High Court ruling that will begin assessing the legal costs to be paid by the main opposition United National Congress (UNC) after it unsuccessfully challenged the outcome of the 2015 general elections.
The PNM had won the elections by a 23-18 margin, defeating the UNC-led People’s Partnership government.
The UNC had in 2015 had taken issue with the decision by the Election and Boundaries Commission (EBC) to extend by one hour, the time for closure of polling stations in Trinidad that the EBC said was done to accommodate voters impacted by heavy rains on September 7, 2015, polling day.
“After six years, a court order was made for the ‘recovery of cost’ in matters brought by the United National Congress. This is a matter I am asking the media to monitor carefully. It’s important that people understand when you bring litigation that is unsuccessful, particularly this kind of litigation, it must be monitored,” Acting Prime Minister Stuart Young said at the official reopening of the recently upgraded Awai Lands playpark in Belmont,
“The High Court and Registrar of the High Court is finally hearing the ‘taxing of the bills’ matters. The Peoples’ National Movement should be allowed to get the “fruits of its success” in defending these matters. I am happy to report that after being allowed to intervene, the High Court and Registrar are finally hearing matters that were successful six years ago,” he added.
When the UNC lost at the High Court and the Court of Appeal, orders for cost were made in which UNC candidates were required to pay the legal costs of the PNM and the EBC. But in a statement, the PNM said the UNC sought to delay this matter.
“The six-year delay of these matters has prevented the PNM for six years from getting what is rightfully its own, from the UNC.
“The PNM filed its bills of costs in October 2018 and for the past six years the court did not start the taxation of these bills of costs. The UNC delayed the progress of these taxation of the bills of costs and kept the PNM from getting its legal costs for the matters that UNC brought and lost,” the ruling party added.
It said that in July 2020 the Court ordered that the UNC file written objections, if they had any, to the legal costs being sought by the PNM. However, the PNM said the UNC failed to file its written objections to the PNM’s bills of costs “and it was apparent that they wanted the matter further delayed”.
The party said that during Wednesday’s hearing before Registrar Kernika Adolphe, the lawyers for the party and the EBC objected to matter being delayed further and indicated their readiness to proceed.
It said at this stage, Young , a senior counsel, who is also the party’s chairman, requested leave to address the court and was so granted.
Young objected to any further delay of the matters and indicated that it was the UNC that decided in 2015 to bring these actions which they lost, so they are responsible for the matters being filed, heard and appealed, and it would be manifestly unfair for PNM, some eight years later to not have these matters start so the PNM can recover legal costs.
Young also indicated that the delays were caused by the UNC which must face the consequences and he described any further attempt to delay the matter as “unfair and unreasonable” adding that the opposition party was intentionally delaying the matter and breaching the courts orders since 2020.
UNC attorney Gerald Ramdeen objected to Young’s submission but Young responded that it was reasonable to conclude that the UNC had ignored a court order from July 2020.
The Registrar said the court was not going to adjourn and began the process of the taxation of the PNM’s bills of costs. (CMC)
