Retired Chief of Defence Staff testifies

Maharaj was called as a witness as a constitutional claim filed by environmentalist Dr Wayne Kublalsingh and the HRM on August 3, 2012, continued in the Port-of-Spain High Court before Justice James Aboud.

In the claim, Kublalsingh and the HRM contend that Government contravened their rights to, “life, security, enjoyment of property, freedom of expression and freedom of association”, by building the highway without consulting them properly. Among its contentions, Kublalsingh and the group are seeking a declaration that the alleged actions of former National Security Minister Jack Warner and a group of soldiers in destroying their Debe protest camp and arresting Kublalsingh and some of the group’s members on June 27, 2012, were illegal.

Under cross-examination by Senior Counsel Ramesh Lawrence Maharaj, who is lead co-counsel for Kublalsingh and the HRM, the former CDS, who was present at the protest camp along with former national security minister Jack Warner, and others, also said he did not consider he had a duty to seek legal advice on the legality of a direction by the minister for the army to go to the site.

Maharaj (K) also said he could not recall Dr Kublalsingh protesting against the army’s presence that day. He also could not recall the specific details regarding the activities that took place on the morning of June 27, 2012.

In answer to a suggestion by Maharaj that orders were given to soldiers to remove Kublalsingh from the site, the former CDS said because he was not in charge of the operation, there were, “likely to be orders issued by the officer in charge to his subordinates on the conduct of the operation.” Also testifying was one of the police officers who arrested Kublalsingh.

PC Daniel Gerald denied assertions that the environmentalist was dragged after he was handcuffed and his arms placed behind his back.

Gerald admitted to seeing Warner and Maharaj (K) that morning but he could not say if the former minister gave any instruction to a soldier.

Further cross-examination continues when the trial resumes on March 29.

Also expected to testify at the trial is Warner.

As part of their claim, Kublalsingh and the HRM contend they had a legitimate expectation that the Government would have abided by the findings of a study done by the Joint Consultative Council for the Construction Industry (JCC) led by former Independent Senator Dr James Armstrong.

Work on the Point Fortin Highway have come to a halt and its main contractor Brazilian firm Construtora OAS was fired from the $7 billion project last year. The Government is currently seeking a new contractor for the project.

Representing the Attorney General are Russell Martineau, SC, Deborah Peake, SC, along with Kelvin Ramkissoon and Shastri Roberts. Senior Counsel Fyard Hosein, Ramesh Lawrence Maharaj SC, Anil Maraj and Rishi Dass are representing Kublalsingh and the Re- Route Movement.