Dulalchan threatens lawsuit

UPDATE:

LAWYERS representing acting DCP Deodat Dulalchan have initiated legal action against Agriculture Minister Clarence Rambharat over a decision to terminate his licence to occupy agricultural lands in Felicity.

Attorney Kiel Tacklalsingh has also given the minister until 4 pm tomorrow to provide certain documentation, including a report which Rambharat has purportedly sent to the Prime Minister on the land issue.

Last week, Rambharat said he had instructed that the “grant” of land in Felicity to Dulalchan by letter should be terminated. Three people have also been suspended pending an investigation by the Public Service Commission into the issue – Permanent Secretary in the Ministry of Agriculture Angela Siew, Commissioner of State Lands Paula Drakes and the Deputy Commissioner of State Lands Bhanmatie Seecharan.

However, Dulalchan – who is the Police Service Commission’s top pick for the post of Commissioner – says he is the beneficiary of a bona fide and legally effectual licence and was not given an opportunity to be heard by the minister before the decision was made to terminate the licence. He has also strenuously and categorically denied any involvement in “land-grabbing” or any act of impropriety in occupying the land.

He has also accused the minister of causing harm to his reputation and says he would suffer economically and that the revocation is likely to affect his prospects of being appointed commissioner.

“Your comments and actions and instructions, publication and transmission of an unlawful report, all of which have been done in the full glare of the public, have not only caused him to suffer reputational harm but may have undermined the public’s confidence in his ability to execute his professional duties and further threaten to tarnish and ruin a career of excellence which he has carefully culled and grafted to the past 25 years,” Tacklalsingh said in the letter.

“Had our client been provided with an opportunity to response to these spurious allegations he would have no doubt conveyed his vehement denial of same and furnished you with evidence and explanations to rebut these allegations conclusively.” Tacklalsingh told the minister his actions had already had serious consequences for the deputy commissioner, as negative inferences had surfaced.

The lawyer warned that if media reports were accurate and the investigation and preparation of the report were expedited, “for the purposes of diminishing his chance of appointment as Commissioner of Police”, it would constitute an abuse of power and misfeasance in public office.

Dulalchan’s lawyers have asked for the report, the outcome of any investigation, a retraction and apology and an assurance from the minister that no further steps will be to terminate the grant of the land. The deputy commissioner also contends the licence he was granted in 2017, to occupy state land, was given pending the grant of a lease.

Tacklalsingh said Dulalchan has “expended significant sums to develop the lands which contain quantities of agricultural crops and livestock. “It is unfortunate,” he declared, “that when our client chooses to toil upon the subject lands that he may keep pace with the earth rather than to become idle, sowing seeds with tenderness and reaping the harvest with joy and further engage in diversifying the agricultural sector with husbandry that you as Minister of Agriculture, of all persons, have chosen to set about to thwart his noble and hardworking efforts.”

ORIGINAL STORY:

LAWYERS representing acting DCP Deodat Dulalchan have initiated legal action against Agriculture Minister Clarence Rambharat over a decision to terminate his licence to occupy agricultural lands in Felicity.

In a pre-action protocol letter, Dulalchan strenuously denied any involvement in land grabbing and says he has a legal and bona fide licence to cultivate the land in Felicity.

Attorney Kiel Tacklalsingh has also given the minister until 4 pm tomorrow (Wednesday) to provide certain documentation, including a report which Rambharat has purportedly sent to the Prime Minister on the land issue.

Last week, Rambharat said he had instructed that the "grant" of land in Felicity to Dulalchan by letter should be terminated.

Three people have also been suspended pending an investigation by the Public Service Commission into the issue – Permanent Secretary in the Ministry of Agriculture Angela Siew, Commissioner of State Lands Paula Drakes and the Deputy Commissioner of State Lands Bhanmatie Seecharan.

However, Dulalchan – who is the Police Service Commission’s top pick for the post of Commissioner – says he is the beneficiary of a bona fide and legally effectual licence and was not given an opportunity to be heard by the minister before the decision was made to terminate the licence.