Ramesh: NCC abusing power

THE National Carnival Commission (NCC) was accused of abusing its power by denying an interim payment of $1 million to the National Carnival Bandleaders Association (NCBA) to run some of the shows for Carnival 2003.

This was the argument advanced yesterday by NCBA attorney-at-law Ramesh Lawrence Maharaj SC when the matter came up before Justice David Myers in the Port-of-Spain Fourth Civil Court yesterday. When the matter was heard last week, the NCBA only received $145,259 to run the Kings and Queens of Carnival preliminaries which were held at the Queens Park Savannah last Thursday and the upcoming Junior King and Queen and Individuals competition at Adam Smith Square last Sunday. Maharaj told the court that in 1997, the former United National Congress (UNC) Government took a decision that the NCC would provide monies for certain agencies, including the NCBA, to undertake activities which pertained to the promotion of the national festival. He said where a clear case of a public body overstepping the bounds of its public authority existed, that constituted an abuse of power and the law allowed for the applicant (the NCBA in this instance) to seek judicial review. Maharaj further pointed out that a public body reneging on promises outlined by executive action, and doing so without adequate justification for its actions, also qualified as an abuse of power. The attorney claimed that the NCC has not provided the court with any evidence that its decision to deny the $1 million payment was justified.

Maharaj noted that while Carnival entities like the NCBA could argue for additional funds for certain activities, the decision by the then Basdeo Panday Cabinet outlined a system where these bodies would receive an annual subvention from Government. He added that his client had a solid argument on the issue of legitimate expectation. Asked by Justice Myers if there was any precedent handed down by the Court of Appeal in such matters, Maharaj replied that he was unaware of any.  NCC counsel Martin Daly SC requested that Maharaj supply him with a copy of the Cabinet minute which outlined the arrangement by which the NCBA would receive its funding from the NCC. Maharaj replied that the minute was being sourced and would be made available to the respondent when the matter resumes today at 9.30 am. Daly complained to the court that while he was “very good to give advance notice”, he was being  “clobbered ex parte” and needed sufficient time to examine the document. Maharaj promised to immediately supply Daly with the document as soon as it was located. Myers said he would grant sufficient leeway to both sides and  it was not his intention to cause any bacchanal for the national community over the Carnival weekend. He declared that “Carnival will happen”.

Myers added that until the application before the court was decided, the second half of the injunction ordering the NCC to pay $1 million to the NCBA, remains suspended. Speaking with Newsday after the hearing, NCC chairman Kenny De Silva said the Kings and Junior Kings of Carnival semi-finals, which were scheduled to take place at the Queens Park Savannah last night, would go ahead as planned.