Govt loses in court...again

Attorneys for the Commissioner of Valuations and the Attorney General had hoped for an urgent hearing yesterday of their appeals against Justice Frank Seepersad’s order last Friday, which they sought to have reversed.

Despite strong entreaties by the State’s attorneys, the three appellate court judges selected to hear the appeals said they were not prepared to hear matters yesterday and instead adjourned it to June 6.

Orders were given for the filing of submissions and supporting authorities by May 26 and 31.

Senior Counsel Russell Martineau, who leads a team of lawyers for the Commissioner, had asked Justices of Appeal Peter Jamadar, Gregory Smith and Judith Jones to treat the appeals as urgent since Government was seeking to get on with raising revenue to conduct the business of the country.

“We have legislation on the books which must be put into effect,” Martineau submitted, to which Jamadar questioned: “the government was willing to do nothing for eight years but now wants to do something?” “The financial uncertainty of the State has changed in the last few months... It is a reality of fact,” Martineau countered. “It is of great urgency for the Government that this thing is clarified as soon as possible,” the senior attorney added. Among the State’s contentions are that the judge’s order last Friday, was confusing and ambiguous.

“The people do not know what the order means. It is difficult to understand. It is uncertain,” Martineau said.

“It is confusing, vague and in the minds of the public, it does not make sense...The Commissioner of Valuations does not know what to do,” he said. Lead counsel for the Attorney General, Fyard Hosein SC, said the order was a, “recipe for confusion.” But former attorney general Anand Ramlogan SC (who represents his former ministerial colleague Devant Maharaj who last Friday successfully sought the stay) yesterday said government had over two years to implement the property tax so they cannot now say it was “so urgent.” He insisted that Justice Seepersad’s order last Friday was “abundantly clear”, adding that while things may now be financially hard for government, it is equally hard on the population.

He also said his client (Devant Maharaj) wanted to keep his money.

A separate appeal to have the matter heard yesterday was also made by Senior Counsel Deborah Peake, who also appears for the Commissioner, but she was shot down by Justice Jamadar who did not budge on the adjourned date given (June 6) and was insistent that he and his colleagues were, “not in a position to give fair and judicious consideration”, to the appeals until all submissions and authorities were filed and they (the judges) had an opportunity to read them.

A concession of sorts was also granted by allowing attorneys an hour to make oral submissions although this is not done in procedural appeals such as what was filed by the State.

Justice Seepersad’s decision last Friday came a month after the population was informed, via press release, that they would begin receiving the Property Tax forms in the mail, which were to be filled out and submitted to Valuation Division centres before a May 22 deadline.

This was met with strong opposition by Opposition Leader Kamla Persad-Bissessar and other sections of the public.

However, following a rush by property owners to meet the initial deadline, which resulted in long lines at the centres, Finance MInister Colm Imbert last week announced an extension to June 5.

The tax is expected to bring in about $500 million in revenue for Government, according to Imbert. Ramlogan has contended that the entire approach to enforcing the tax was unconstitutional, illegal and ultra vires. He also contends that implementation of the tax was being undertaken without enactment of necessary legislation and/or without amendments to the existing statutory framework.

He said property owners were being compelled by force to submit the VRF forms with a threat of prosecution if they failed to do so.