UNC kept out of Integrity matter

In addition, both the commission and the AG agreed that if either side does not appeal the judge’s ruling in the substantive matter, neither would then object to the UNC joining as a party and appealing the judgment. However, two other interested parties were not that fortunate — Independent Senators (except Dana Seetahal) and some members of the local chapter of Transparency Inter-national (TI) were not granted leave to be heard.

Jones heard submissions from UNC attorney Anand Ramlogan and two applications by attorney Johann Koorn for the court to hear contributions on behalf of the senators and some civic-minded members of TI.

Ramlogan told the court that it would be incestuous to allow the commission and the AG to be parties in the matter alone — himself unto himself.

Ramlogan invited the court to look at the UNC’s application from the political and social context of the matter. He reminded the court that it was under a UNC government that the act was passed and argued that the UNC should be given an opportunity to defend it. Douglas Mendes SC, who appeared with Deborah Peake and Dinanath Ramkissoon for the commission, emphasised that even though he was resisting the application for the UNC to be joined as a party, the UNC would be allowed a contribution. His objection was along the line of the legal principles to be followed when allowing a party to intervene in a litigation. He noted that the party must be directly affected by the issues to be determined, and the UNC, like the senators and the TI members, are not directly affected.

Attorney for the AG, Elton Prescott, made submissions along similar lines. Martin Daly SC, who leads Prescott and Debra Jean-Baptiste-Samuel in the AG’s team, was not present.

The UNC also noted that by not being a party to a proceedings and just being allowed to be heard, the right to appeal is lost and important documents would not be passed on to the party.

In her judgment, Jones noted that the UNC fears of appeal is allayed by the concession made by the AG and the commission to allow the UNC to appeal. On the issue of documents, she ordered that both parties serve the UNC with all relevant documents.

On July 22, 2005, the commission filed an application asking the court to determine if judges and magistrates are to be exempt from declaring their assets with the commission, or to determine if they fall under "persons in public life."

The chairman of the commission had written to Chief Justice Satnarine Sharma indicating that judges were exempted from filing their assets with the commission.

Dr Fenton Ramsahoye SC, who leads Ramlogan, Narindra Lalbeharry and Darrell Allahar in the matter, was also not in court.

The matter was adjourned to January 24, 2006.