LifeSport audit report quashed

In an oral ruling yesterday at the Port-of-Spain High Court, Justice Mira Dean-Armorer quashed the report of the Ministry of Finance’s central audit committee, ruling that the former Sport Ministry permanent secretary Ashwin Creed and several LifeSport directors were not given an opportunity to be heard before the final report was completed and made public in Parliament by then former prime minister Kamla Persad-Bissessar.

Justice Dean-Armorer was asked to ruled on a judicial review claim filed by Creed and former employees of the LifeSport programme - including Cornelius Price, Theodore Charles and Ronnell Barclay - who complained that the audit committee’s 53-page report made severe negative imputations against them. In her ruling, Justice Dean-Armorer did not find favour with the argument that the audit team acted irrationally or in bad faith, ruling that having examined the evidence, the team approached the probe in a “systematic and professional manner.” She also found no evidence the team acted with improper motive and did do its duty as mandated in the public’s interest, again finding ‘no trace’ of improper motive or malice.

The judge, however, said it was not denied that the report contained intentionally damaging material against Creed and the others and having been submitted to the line-minister and finding its way to Parliament, evoked widespread public scrutiny.

She ruled that the former permanent secretary and others, were entitled to make representations before the final report left the control of the central audit committee.

She also found that Creed and the others were entitled to have sight of the final report and make representations in the interest of natural justice.

“There is un-controverted evidence that the CAC promised an exit meeting,” Justice Dean-Armorer said, adding that by not meeting with Creed and the others before the report was submitted, the audit team breached the legitimate expectation of the subjects of the report and it was on this basis she ordered said report be quashed.

She ruled that the report should be sent back to the audit team. Justice Dean-Armorer did not award monetary compensation claimed by Creed and the others, saying they did not prove that their resignations would have suffered any less even if they were given an opportunity to be heard. The 54-page report concluded there was poor monitoring and control of the programme by the Sport Ministry, there may have been breaches of the Proceeds of Crime Act — and police information suggested criminal elements may have supervised and co-ordinated LifeSport.

The report was laid in Parliament by Persad-Bissessar in July of 2014. Creed and the other former LifeSport employees contended the audit team acted in bad faith in the conduct of the audit and infringed their rights to natural justice, among others. LifeSport was launched in June 2012 and started two months later.

The programme was being run in 43 centres for young men 16 -25. Creed and the others were represented by attorneys Peter Taylor, Kiel Tacklalsingh and Vivek Lakhan-Joseph while Stephen Singh and Shalini Rampersad-Campbell represented the audit team.