By Prior Beharry
MINISTER of Finance Colm Imbert says he intends to appeal the ruling of the High Court for awarding former governor of the Central Bank Jwala Rambarran $7.5 million for wrongful dismissal.
Justice Devindra Rampersad upheld Rambarran’s case in June but only calculated the compensation owed to him on Tuesday.
He said that Rambarran was entitled to $7,545,217.57 in compensation but ordered that $1,931,162.29 in taxes be deducted.
Rambarran, who was appointed as governor in July 2012, was fired in December 2015 after the Cabinet advised acting President Christine Kangaloo to revoke his appointment.
He was fired under the advice of Finance Minister Colm Imbert after he publicly disclosed the allocation of foreign exchange by the Central Bank. His contract was due to end in July, 2017.
In June, Justice Rampersad stated that that Rambarran’s termination was seriously flawed and unconstitutional.
The judge ruled then that Rambarrran was to be paid the compensation he would have received if his contract was not terminated before it was due to end in July 2017. The compensation should be calculated by the Central Bank, inclusive of income tax and statutory deductions. This was to be notified to the court and attorneys for the parties no later than July 6. He was also expected to receive vindicatory damages in the sum of $175,000.
Former attorney general Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal instructed by Vishal Siewsaran of Freedom Law Chambers represented Rambarran while Russel Martineau SC, Jason Mootoo instructed by Romney Thomas of Hobsons law firm appeared for the State.
In a release on Wednesday morning, Imbert said has taken note of an editorial in the Express newspaper which refers to what it describes as the Government’s mounting legal costs.
The editorial referred to Ramabarran’s case and one by Rohonie Ramkissoon – an assistant commissioner of the Board of Inland Revenue who was not appointed to the commissioner. Earlier this month, Justice Margaret Mohammed ruled that Imbert had acted illegally, irrationally and unlawfully when he decided not to appoint Ramkissoon to the post.
Imbert said, “With respect to both these decisions of Ramkissoon and Rambarran, we respectfully disagree with the decisions of the first instance judges.
“However, we are constrained in what can be said in relation to these matters as they are sub judice. In our judicial system, there is recourse to the Court of Appeal and the Privy Council to settle such legal disputes.
“In many cases, our Court of Appeal overturns decisions made in the High Court and decisions in the High Court only stand if not appealed.
“We, therefore, await the outcome of our appeals. It should also be noted that the Ministry of Finance has since September 2015 prevailed and been successful in the majority of matters heard and determined in our local courts, a fact that has clearly escaped the Express.” – with reporting by Sue-Ann Wayow
