State says UNC suit not of ‘grave public importance’

The State does not regard the High Court hearing of the case filed by the United National Congress (UNC) against the Integrity Commission (IC) as a matter of grave public importance. In this submission to Justice Peter Jamadar in the San Fernando High Court, attorney Deborah Peake of the law firm Martineau and Co, said no day passes in which cases filed in the High Court do not fall in the category of “grave public importance.” The UNC, through Fyzabad MP Chandresh Sharma, is seeking, by way of judicial review, to have the IC disclose certain information regarding the filing of assets and liabilities by certain government ministers.

The application was made under the Freedom of Information Act, but was refused by the IC. The State, in reply to the lawsuit, contends the IC does not fall within the list of official State bodies obligated by law to release information to members of the public in accordance with the Act. The IC is not a statutory body, the State’s case outlines and therefore not subject to the Act. Submitting that the issue in the case was a strict matter of law, attorney Anand Ramlogan told Justice Jamadar, the outcome of the case would determine whether citizens have access to information regarding integrity in public affairs.

“It is a matter of grave public importance,” Ramlogan, who represents Sharma, added. Peake replied, “I do not share the view that his case is a matter of grave public importance. There isn’t a day that passes in which cases do not fall into the category of public importance.” Justice Jamadar however, did not express a view but ordered Ramlogan to file skeleton legal arguments by December 10. The State must file its response by December 22.