‘Cabinet acted in bad faith’

SENIOR COUNSEL Ramesh Lawrence Maharaj submitted that Cabinet acted in bad faith and was biased when it decided not to reappoint retired Justice of Appeal Zainool Hosein as chairman of the Environmental Commission last year. He pointed out that when Justice Hosein spoke of the need for the Government to promote judicial independence, that operated against him when the time came for the appointment of a new Commission. Maharaj represents the Trinidad and Tobago Civil Rights Association in a judicial review action brought against the decision of the Cabinet not to re-appoint Justice Hosein as the chairman of the Commission; and against the decision of the Cabinet to appoint Sandra Paul as the new chairman, and Indira Maharaj-Ramrekersingh as the vice-chairman. But Christopher Hamel-Smith SC, who represented the Prime Minister, as head of the Cabinet, denied that Justice Hosein was not re-appointed on the ground of bias.

“This court is being asked to infer that the Minister and the Cabinet acted in bad faith with a hidden agenda, because the chairman was bold enough to write to the Prime Minister and to speak to the Minister in those terms.” Hamel-Smith referred to what then Minister of the Environment Rennie Dumas said in a letter - that Sandra Paul was much younger than the outgoing chairman and that the Commission was just three years old. “Can you draw bad faith from that?” Hamel-Smith asked. The judicial review case is being heard before Madame Justice Mira Dean-Armorer in the Port-of-Spain Fourth Civil Court. Hearing continues on November 18. The Environmental Management Act came into effect in 2000 following which the Environmental Commission was formed. It comprised Justice Hosein as chairman, Paul as vice-chairman, Eugene Laurent, Ann Marie Sirju, and Dr Judith Gobin as members.

On November 6, 2002, Minister Dumas paid a visit to the Commission where Justice Hosein pointed out to him the importance of the executive arm of the State observing and respecting the independence of the judiciary and judicial tribunals. In July 2003, Justice Hosein brought to Dumas’ attention that the terms of the office of members of the Commission were due to expire on October 29, 2003, and all members were willing to continue in office. Justice Hosein went abroad at the end of 2003, but before doing so, wrote to President George Maxwell Richards that the term of office of the Commission had expired and no appointments were made. It was announced on December 31, 2003, in the media that the new Commission was appointed with Paul as chairman.

In the judicial review application, Maharaj pointed out that Paul is the daughter of a former PNM Mayor of Port-of-Spain, while Maharaj-Ramrekersingh is the wife of a former deputy political leader of the PNM. According to Maharaj, the new Commission was appointed in secret and the outgoing chairman was never informed why he was not re-appointed. Maharaj submitted that Cabinet breached the doctrine of the separation of powers. “The Cabinet acted illegally in that it did not correctly understand its powers and the law which governed the exercise of its powers. The Act gave the power of the Cabinet through the President to appoint members of the Commission. The manner of the exercise of its powers however, was unlawful,” Maharaj added.