Govt files appeal, UNC claims breach of House rules

Supreme Court Registrar Jade Rodriguez confirmed this to Sunday Newsday yesterday, saying she received the notice of appeal via e-mail.

“That notice of appeal was sent to the attorneys-at-law for Mr (Devant) Maharaj,” she said in a brief response.

“I have an undertaking that the notice will be filed on Monday, which is the 22nd of May and as a result of that, I have fixed an appointment with the Court of Appeal for 9 am on Monday in the east court, Court of Appeal, Hall of Justice.

Rodriguez said the quorum tomorrow will include Justices of Appeal Peter Jamadar, Gregory Smith and Judith Jones.

Earlier yesterday, the United National Congress (UNC) political leader Kamla Persad-Bissessar claimed Government had not served the Opposition with any legal notice of its appeal.

As a result, the party signalled its intention to move a motion in the House of Representatives to bring Attorney General Faris Al-Rawi and, or, Acting Prime Minister Colm Imbert before the Privileges Committee for “deliberately and wilfully misleading the Parliament and attempting to unduly apply pressure and influence on the Judiciary in a politically sensitive case in which the government’s illegal conduct is being challenged.” But in an immediate response, Al-Rawi yesterday dismissed the Opposition’s proposed motion as “arrant nonsense,” claiming Government’s action in appealing the ruling was well above board and in sync with standard legal practice.

In a strongly worded statement, Persad-Bissessar said the UNC never received any notice of an appeal.

“Our legal team led by former attorney general Anand Ramlogan SC, has not been served with any notice of appeal in this matter,” the party said, one day after Seepersad ruled in the San Fernando High Court that a temporary stay had been placed on the implementation of the property tax.

The stay will, in the first instance, remain in effect until May 31.

G o v e r n m e n t , through Al-Rawi and Imbert, announced on Friday in the Lower House that they intended to challenge Seepersad’s ruling in the Court of Appeal, tomorrow.

However, Persad- Bissessar said when official enquiries were made of the Supreme Court Registrar about Government’s plan they were advised “that no appeal has been filed and the Court of Appeal has not convened any emergency session at 9 am on Monday to hear the Government’s supposed appeal against the property tax judgment.” “The UNC is concerned, to say the very least, that the Government can make such reckless, false and misleading claims in the Parliament to deceive the population and pour scorn on the undoubted legal victory for the people,” she said.

“We see this as an alarming and disturbing last ditch attempt by the Government to save face and apply pressure on the Judiciary.” She added: “For the Government, through its Attorney General and/or Acting Prime Minister, the two most senior members of Cabinet, to exert such naked and raw political pressure on the judicial arm of the State is a serious breach and fracture of our Constitution which enshrines the separation of powers.

“The Judiciary is insulated and protected from this kind of disturbing and dangerous political interference as the undoubted consequences of a government meddling in the administration of justice is dictatorship and oppression.” The UNC called on Government to apologise to the public and Judiciary for its “hypocritical, deceptive and self-serving statements which have no basis in fact.” “We challenge them to produce any evidence to substantiate the reckless statements as we now know it to be completely untrue,” she added.

Lamenting that Imbert’s “reckless statements” have been widely reported in the media, the UNC leader said the audio-visual record of the Parliament sitting showed Al-Rawi also made this statement during his contribution “after the landmark judgment”.

“These statements were made by the Government in Parliament in a clear attempt to do political damage control and give the false impression that the Government’s appeal was meritorious and hence warranted the immediate convening of the Court of Appeal in an emergency session within forty-eight hours.” Al-Rawi again dismissed the Opposition’s motion against himself and Imbert.

“I understand that they have threatened to take Minister Imbert and me to the Privileges Committee.

That is arrant nonsense largely because the position that we volunteered to the Parliament is a position of fact born out by the statements of the attorneys- at-law who represent the State and their information to us,” he said.

Al-Rawi took umbrage at the Opposition’s condemnation of the State’s attorneys in the matter.

“I can say that the attorneys for the Commissioner of Valuations include Russell Martineau, Senior Counsel, Deborah Peake, Senior Counsel, Ravi Heffes-Doon and that for the Attorney General, the team includes Fyard Hosein, SC and Rishi Dass.

“Effectively, therefore, the UNC is saying that these very reputable attorneys, have dome something wrong. That has got to be the epitome of foolish statements. It is just to be ignored. It is a storm in a tea cup.”