Manning and poor in UNC legal bind

FORMER attorney-general Ramesh Lawrence Maharaj revealed the existence of a policy document which could have helped Prime Minister Patrick Manning and others in situations regarding payment of costs arising out of unsuccessful court matters.

However he lamented that the failure of the Basdeo Panday Cabinet to approve that document has left Manning and others, particularly the poor, in a quandry as to how to pay these costs. Last week, the UNC condemned Manning for seeking a waiver on the remaining costs he has to pay due to an unsuccessful High Court matter in 1997. The Prime Minister countered that at that time he made the application for a waiver under the then UNC government, there were no proper guidelines for payment of costs in such matters.

Maharaj yesterday recalled that as AG, he asked his Ministry to prepare a document to deal with situations such as Manning’s. Maharaj further recalled that while a view was expressed then that the issue could be settled alone by the AG, he believed it was proper that the entire Cabinet should deliberate on and resolve this matter. He lamented that neither his immediate successors, Kamla Persad-Bissessar nor Glenda Morean, dealt with this issue. The former AG said under the present circumstances, it would be wrong for Manning alone to receive a waiver of costs without due consideration being given to all other persons who legitimately should not have to pay costs out of unsuccessful court actions.

Maharaj advised that in addition to Cabinet approving the policy document which its UNC predecessor ignored, Cabinet should also consider related legislation which would encourage poor people to bring matters before the courts and not have to be fearful of paying a hefty price should their matters fail. Listing several other instances of unsuccessful court actions, including one which dated back to the NAR government, Maharaj said Manning’s issue was “insignificant” in the wider scheme of things.