Ramesh takes on Ralph Gonsalves

FORMER UNC Attorney General Ramesh Lawrence Maharaj is representing former Commissioner of Police of St Vincent and the Grenadines Randolph Toussaint whose land was  acquired by the Government because he was a political ally of former Prime Minister Sir James Mitchell and the National Democratic Party (NDP).

Toussaint filed a constitutional motion against the Attorney General in which he contended that the purported acquisition of the land was discriminatory in so far as it purports to subject him to different treatment attributable to the alleged political opinions which he holds. Maharaj represented Toussaint before Madame Justice Louise Blenman in the Kingstown High Court in St Vincent last Thursday. But the motion was adjourned to January 15, 2004. Toussaint is seeking a declaration that the purported acquisition was unconstitutional, unlawful and null and void. He is also seeking a declaration that he is being deprived of his property and that he is being discriminated against because of his political opinions. In his affidavit, Toussaint said he retired as Commissioner of Police in 1989. The following year, he bought a parcel of land on Canouan Island for EC $6,478.50. On March 28, 2001, following the general elections, the Government of St Vincent changed from the NDP to the Unity Labour Party (ULP) headed by Dr Ralph Gonsalves. By letter dated March 26, 2002, the Attorney General wrote to Toussaint demanding a further payment of EC $84,220.50 plus EC $4,534.95 as stamp duty for the said parcel of land within a period of seven days.

The Attorney General said in her letter that the purchase price for which Toussaint had paid did not reflect the fair market price of the same because of  his alleged “close relationship with the then Government.” The AG also said the land was undeveloped at the time of purchase. She claimed that Toussaint had been privy to that information. Toussaint said that in January 2002, he had orally agreed with one Michael Bowman, a citizen of St Vincent resident in the Cayman Islands to sell the parcel of land for EC $268,820. In his affidavit, Toussaint said that on December 5, 2002, Dr Gonsalves addressed a sitting of the House of Assembly. “He referred to me as Randolph Toussaint, NDP activist, Commissioner of Police, former friend and confidant of the NDP leadership at the time.” Toussaint continued, “he (Gonsalves) said the sale of the land for EC $268,820 was a scandal which required for the Government, the Cabinet of this country, to act with dispatch, with speed, with focus, not to allow this injustice to be perpetrated.” Gonsalves said Cabinet took a decision and as Prime Minister, he published the land acquisition in the Gazette.

The former CoP said he witnessed Gonsalves’ speech on television. He has secured a video tape of the speech. He got a transcript of the Prime Minister’s address which has been filed as part of the constitutional motion. Toussaint said the reason given for the land acquisition was for the construction of a Learning Resource Centre, but he has not been able to find out where such a Centre will be placed. He pointed out that Canouan Island has just 2,000 residents. Toussaint also produced a copy of the Gazette which showed that his land was acquired by the Governor General acting on the instructions of the St Vincent Cabinet. Toussaint said that a letter dated March 12, 2003, and signed by the acting Chief Surveyor, advised that a claim for EC $9,717 in Toussaint’s name was deposited in the Treasury Department. That amount includes five percent interest for ten years since the land was bought. Toussaint said he has not acknowledged or accepted the payment. “I have been advised that is clear that the purported decision of His Excellency the Governor General to acquire the said parcel of land was based on advice which was unlawful and unconstitutional and which was for the oblique and political motive of depriving me of the said parcel of land because of my alleged support of the former Government and not for any genuine public purpose. “The said advice was tainted by mala fides and was colourful exercise of the power to acquire for a public purpose and resulted in an unconstitutional deprivation of my property in violation of my fundamental right to the enjoyment of property,” Toussaint added.