Elias Vex Public’s right to know trumps all else

The contractor made the connection between the public interest and procurement at the JCC’s seminar on Housing, Building and Construction and Land Use in a Challenging Economy last Wednesday.

He was speaking in a moderated discussion on Information Disclosure in the Public Interest and told the audience, which included the Prime Minister, that this is one of the issues that vexed him in a country where there was so much to be ‘vex’ about.

Elias said State property did not belong to the State but was held in trust for the people of Trinidad and Tobago.

He said this was clearly hinted at in the title of the procurement legislation.

“It was titled an act to provide for public procurement and for the relation and disposal of public property. This, in accordance with the principles of good governance, namely, accountability, transparency and value for money.

That was the act passed by the last government.” He added that the Rowley government further amended the legislation to strengthen it, changing the title to the Public Procurement and Disposal of Public Property Act.

Elias said the legislation and subsequent amendments were the result of work the JCC did and he traced its intervention through the Panday, Manning and Persad-Bissessar administrations Drawing reference to the JCC’s case against former senator and minister, Dr Bhoe Tewarie, the NH chairman said the JCC was “shocked” by the minister’s alleged attempt to dispose of state property at Invaders Bay while circumventing the tendering procedure and a further attempt to hide the legal advice on which this action was based.

Elias said it was too difficult for citizens to get vital information concerning themselves, specifically targeting the Freedom of Information Act.

“The problems with the FOIA is when we the citizens want information and the government says no, that’s millions of dollars in legal costs to get them to give you the information that the Act says you are supposed to have.” He also spoke about the apparent victimization of those who attempted to speak up about Dr Tewarie’s actions, citing the case of the current JCC president, Dr James Armstrong.

“When President Carmona came into office, he unprecedentedly removed Dr Armstrong as an independent senator in the middle of the Parliamentary term.

Maybe one day he will tell us why. And instead of delivering his decision as a “judgement”, he will stand up and take questions as to why he removed Dr Armstrong. Was it connected to his persistent questions about Invaders’ Bay?” asked Elias.

Reading excerpts from the judgement in favour of the JCC made by Justice Jamadar at the Court of Appeal, Elias said far from being busybodies concerned citizens and groups like the JCC who had a “bona fide interest in public affairs had a constitutional warrant to get involved”.

“That is what the JCC did.” said Elias, “We fought against the power of the State to take our money and fight against disclosure.” According to him, the Jamadar judgement determined that attorney client privilege in this case is “trumped” by both constitutional values and the public interest.

But the contractor said the fight continues, even though the JCC has prevailed at the High and Appeal Courts Elias said lawyers for the former PP government are intent on pursuing the matter at the Privy Council.

Elias called on Attorney General Faris Al Rawi to consider the Jamadar judgement, before spending millions of tax payers? dollars fighting a case that is against the public’s right to know.

In 2013, the JCC requested a judicial review of Dr Tewarie’s decision to issue Request For Proposals for development of Invaders’ Bay. The JCC contended the RFP went against the Central Tenders Act. However, Dr Tewarie defended his actions saying he received legal advice that and maintained that releasing his legal counsel’s opinion went against attorney client privilege.