Ex-Las Alturas commissioners sue AG

In a lawsuit filed in the Port of Spain High Court yesterday, civil engineers Dr Myron Wing-Sang Chin and Anthony Farrell claimed the AG’s office was in breach of Deed of Indemnity, in accordance with an agreement between them and the State when they were appointed by President Anthony Carmona in January 2015.

Hart and Garcia are challenging the adverse findings made against them in the commission’s final report. They were granted permission to advance their lawsuits against the commissioners, including its former chairman retired Justice Mustapha Ibrahim. Ibrahim passed away in London on June 9.

Under the agreement, the State accepted that it would be responsible for any legal action taken against them over the execution of their duties.

Chin and Farrell claim that the AG’s office repeatedly failed to respond to their requests for legal representation.

They say they cannot afford to pay for the legal representation to effectively defend the claims against them.

They are also alleging that the State may be biased against them in the lawsuits because of statements made by Attorney General Faris Al-Rawi after their report was submitted in September last year.

They pointed out that Al-Rawi described the Commission as a “political witch hunt” after receiving legal advice from Senior Counsel Fyard Hosein, who suggested that the commission may have overstepped its parameters in making its findings.

They said Hosein has since been retained to represent the Attorney General in the lawsuits brought by Garcia and Hart. “Given the Government’s public position and public criticism of the work and report of the commission, it is likely that the defendant (AG) may support the claims for judicial review, as the grounds in some of the cases mirror the criticisms levied by the defendant and its lead counsel (Hosein),” the commissioners’ lawsuit said.

They intend to ask the court to stay the lawsuits against them by Hart and Garcia pending the determination of their claim and an order compelling the State to honour their indemnity.

They are being represented by attorney Alvin Pariagsingh.