Retired judge takes on Manning

A HIGH COURT Judge yesterday granted leave to 30 Forres Park villagers to file for judicial review of the decision of the Cabinet not to re-appoint retired Appeal Court Judge Zainool Hosein as chairman of the Environmental Commission. Madame Justice Maureen Rajnauth-Lee, presiding in the Port-of-Spain Fifth Civil Court, granted leave after hearing submissions from Ramesh Lawrence Maharaj SC, attorney for the villagers.

The villagers were also granted leave to file for judicial review of the decision of Cabinet to appoint Sandra Paul, the chairman, and Indira Maharaj-Ramrekersingh, the deputy chairman of the Commission. In his submissions, Maharaj pointed out that Hosein was never given reasons why he was not re-appointed chairman of the Commission. Maharaj said when the term of the Commission was about to expire, he wrote to the then Minister of Public Utilities and the Environment Rennie Dumas of the willingness and desire of all the Commissioners to be re-appointed.

Maharaj said Hosein has had a long judicial career including a stint in the Court of Appeal. He said there was nothing in the Environmental Commission report which adversely affects the retired judge. He said the facts show that Paul and Maharaj-Ramrekersingh were connected to members of the governing party. The villagers, in their application, contend that the appointments of Paul and Maharaj-Ramrekersingh were made with improper political motives and amounted to an abuse of power. Sandra Paul, they argued, is the daughter of former People’s National Movement (PNM) Mayor of Port-of-Spain Ethelbert ‘Telly’ Paul, while Indira Maharaj-Ramrekersingh is the wife of former deputy political leader of the PNM, Augustus Ramrekersingh, who was also a Minister in the previous PNM Government. Hosein was appointed chairman of the Commission in 2000 during the term of the UNC Government. The other members were Sandra Paul, vice-chairman, Eugene Laurent, Anne Marie Sirju, and Dr Judith Gobin.

On November 6, 2002, the then Minister of Public Utilities and the Environment Rennie Dumas visited the Commission’s offices in the ‘Telly’ Paul building on Oxford Street where Hosein pointed out the importance of observing and respecting the independence of the judiciary and judicial tribunals. Before the term of the office of the members of the Commission expired in October 2003, Hosein spoke by telephone to the Permanent Secretary.

He also addressed a letter to the Minister recommending that he and the other members were willing to serve another term at the Commission. When the term of office of the members expired on October 29, 2003, there was no functioning Commission. Having not heard anything about the matter, Hosein wrote to President George Maxwell Richards on December 17 about the state of abeyance of the Commission. He then went to London on vacation on December 19, 2003. While the outgoing chairman was away, a new Commission was appointed — Paul, chairman, Ramrekersingh, Laurent, Gobin, and Lester Carrington, who has since resigned.