The Ministry of Finance and Cabinet are being sued over their failure to disclose documents related to the dismissal of former Central Bank Governor Jwala Rambarran.
Former journalist and attorney Darryl Heeralal yesterday filed an application for leave for judicial review of both parties’ handling of his requests under the Freedom of Information Act made following Rambarran’s dismissal in December last year.
In the lawsuit, Heeralal claims he made the requests as the matter was one of public interest which required transparency and accountability. He is seeking the legal advice both parties received before making the decision to recommend that President Anthony Carmona terminate Rambarran’s employment last December 22. He is also seeking information on fees paid to the attorneys, local and foreign, who provided that advice.
“I am concerned with the state of the economy and the management of state resources namely, the Treasury and financial accountability for taxpayer’s monies. This concern is even more prominent with the public controversy surrounding the removal of the former Central Bank Governor Mr Jwala Rambarran in 2015. This matter was widely publicized and raised a number of issues of public interest namely, the present economic crisis facing our country,” Herralal said in his witness statement.
“I am aware that the People’s National Movement (PNM) during its political campaign 2015 has expressed its renewed commitment to the elimination of all forms of corruption by ensuring greater transparency and accountability especially in relation to the retention of Counsel on behalf of the State and State Agencies.”
In response to his application made on December 30, Cabinet issued a certificate claiming that the information was exempt and not disclosable.
The Ministry of Finance never responded to the application.
Heeralal is seeking an order declaring the Cabinet’s decision “illegal and unjustifiable” and another compelling the Ministry to consider his request and provide a response.
The Freedom of Information legislation allows citizens to access the records of public authorities. Authorities may decline requests if the items requested fall within listed exemptions.
The matter is expected to come up for hearing next week when a High Court Judge will decide if Herralal should be granted leave to pursue his claim.
While Rambarran had threatened to take legal action over his dismissal, he had not filed a lawsuit up to late yesterday.
The T&T Guardian understands he is still considering his legal options and will decide in the next few weeks.
In July 2014, High Court Judge Frank Seepersad ruled that the Planning Ministry acted illegally when it refused a request from the Joint Consultative Council for the Construction Industry (JCC) for documents related to a $5.5 billon contract to develop public property in Invaders Bay, Port-of-Spain.
The Ministry had claimed it was exempt as the items were confidential legal advice. Seepersad ruled that the ministry had failed to prove its public interest concerns against disclosing the advice.
Heeralal is being represented by Attorney-at-law Gerald Ramdeen instructed by Sushilla Ramkissoon-Mark.