By Prior Beharry
FINANCE Minister Colm Imbert’s appeal was dismissed by the Privy Council on Thursday morning concerning a substantial understatement in the Auditor General’s report on Trinidad and Tobago’s 2023 public finances.
The discrepancy, estimated between $2.6 billion and $3.379 billion, has sparked controversy and a legal battle.
A panel of five law lords, led by Lord Hodge, ruled against Imbert’s attempt to block Auditor General Jaiwantie Ramdass from pursuing a judicial review of his decision to appoint an investigative team. The team, headed by retired High Court Justice David Harris, was established on Imbert’s recommendation to probe the reported financial inconsistencies.
The Privy Council’s ruling means that Ramdass can now proceed with her claim without further legal hindrances. The law lords did not request to hear from Ramdass’s lead attorney, Anand Ramlogan, SC, before announcing their decision. The Appeal Court has ruled in favour of Ramdass.
Lord Hodge remarked on the importance of the matter, indicating that the Board felt it necessary to act swiftly and would provide further written reasoning in due course.
He noted that the local Appeal Court had previously determined that High Court Justice Westmin James had erred in denying Ramdass the right to file her claim.
The controversy revolves around Imbert’s alleged bias in overseeing the investigative process, as he not only recommended the formation of the team but also set its terms and was responsible for its remuneration.
Ramdass and her legal team have raised concerns regarding the potential conflict of interest given that the investigation could include findings about her own conduct.
The legal battle escalated after the Appeal Court’s decision in June, which prompted Imbert to instruct his legal team, led by Senior Counsel Douglas Mendes, to escalate the matter to the Privy Council. The ruling marks a pivotal moment in the ongoing scrutiny of the government’s financial management and accountability.
Ramdass’s legal team, including attorneys Ganesh Saroop, Kent Samlal, Natasha Bisram, and Aasha Ramlal, prepares to move forward with their judicial review claim.
Imbert and the Cabinet were presented by Mendes and Simon de la Bastide, SC, Jo-Anne Julien and Sonnel David-Longe.
