Devant challenges Dillon in court

In a lawsuit filed by Maharaj’s team of attorneys, the former minister contends that by failing to prepare the reports and have them laid in both houses of Parliament, the minister has acted illegally and has breached his ministerial duties. He also contends that the failure to provide the reports can stymie the collection of data for the formulation of policies for crime prevention and policing.

Under the ICA the national security minister is mandated to lay annual reports, within three months, after the end of each year, which provides number of warrants applied for to intercept communications, warrants granted and refused, the number and nature of interceptions made, the number of persons arrested, the number of criminal proceedings commenced by the State and the number of prosecutions commenced and their outcome.

Maharaj contends that Dillon has breached the statutory duty under Section 24 of the ICA by failing to prepare the reports for the years 2012 to 2015.

He said in his lawsuit that the legislation directs that the reports are to be laid ‘so as to ensure transparency and accountability in the use of State funds...

And that communications are being intercepted in accordance with the law.’ Maharaj also contends the minister is accountable to the courts for the legality of his actions/inactions and administrative decisions.

Justice Frank Seepersad is presiding over the matter and Maharaj is represented by attorneys Jagdeo Singh, Larry Lalla, Dinesh Rambally, Criston J Williams, Kiel Taklalsingh and Karina Singh.

The lawsuit further noted that democratic accountability of the ‘far-reaching powers granted under the ICA’ is mainly achieved through the obligations imposed on the minister to prepare and lay the reports in Parliament. “Failure to adhere to this statutory provision does not only have implications of illegality, but also undermines the principles of democratic accountability, rule of law and the basic trust that the citizens of Trinidad and Tobago can place in its Government,” the lawsuit contended.

“Unregulated interception of communications of citizens is open to misuse and abuse,” the lawsuit added. Maharaj wants the court to order the minister prepare the reports and have them laid in the parliament.

He said he was told in November, 2010, that he was one of the persons whose communications were intercepted unlawfully.

“The ICA represents a real conflict between an individual’s constitutional right to respect for his private and family life, his common law right to privacy and the public’s interest in national security,” Maharaj said in his lawsuit.