Former local cricketer shut out of lawsuit

Former national cricketer Zaheer Ali has been shut out of a lawsuit between SporTT chairman Dinanath Ramnarine and former West Indies batsman Daren Ganga and the TT Cricket Board (TTCB).

Ali’s eleventh-hour application to intervene in the High Court proceedings, which challenge the constitutionality of the TTCB’s election rules, was dismissed yesterday by High Court Judge Maria Wilson, who said the action was “entirely misconceived.”

In his application, filed a year after the TTCB agreed to postpone its executive elections until the lawsuit was determined, Ali said he wanted to intervene in the interest of local cricket.

The election of a new executive was stopped on October 29, 2016, after an agreement was made between the TTCB and the former West Indies cricketers, who are contending that specific articles of the TTCB’s constitution governing the election process are unconstitutional.

Ramnarine, the former president of the West Indies Players’ Association (WIPA), and Ganga are lobbying for constitutional changes to the election process and are asking for the implementation of a one club-one vote system, removal of the 12 outgoing votes and term limits for the president.

The cricketing duo also want the Tobago Cricket Association, primary schools, secondary schools, Umpires Council and women’s cricket to have seats on the executive of the TTCB and to be full members.

Ali, who was represented by attorneys Akil Khan and Kirby Joseph, contended that the postponement of the elections was in contravention of Articles 7 and 9 of the TTCB’s constitution and placed the national cricketing body in financial distress. Khan, who argued for a variation of the October 2016 court order, which stopped the election, said it was also having a negative impact on the board and the sport of cricket.

Ramnarine and Ganga’s attorney Kiel Tacklalsingh resisted the application, saying it was improper and not in conformity with the Civil Proceeding Rules (CPR).

Tacklalsingh contended Ali failed to prove he had sufficient interest in the matter and as a nominated member of the TTCB, he was already represented by the board in court.

He suggested that Ali bring his own judicial review claim.

Also rejecting the application was the TTCB’s lead attorney, Fyard Hosein, SC, who said it appeared that Ali wanted to “make a new case at this very late stage of the proceedings.”

“He cannot be encouraged,” Hosein argued, also agreeing that it did not comply with rules of the court.

In her oral ruling, Wilson agreed that Ali failed to demonstrate sufficient interest to come into the matter, pointing out that there was an “infinite delay” in him challenging the 2016 order.

However, she agreed to a no-cost order after Khan pleaded for protection for his client from having to pay since, Khan said, he had nothing personal to gain by bringing the action, but was doing it for local cricket.

In their lawsuit, Ramnarine and Ganga claim the rule, which allows the current board of the TTCB 12 outgoing votes in an election, is irrational and biased.

Under the rules, executive members of the organisation elected by the board are allowed six votes, with the outgoing members, some of whom may be facing re-election, being afforded six votes.

The two are also contending that the rule is unfair, illegal, and undemocratic.

Also representing them is Senior Counsel Ramesh Lawrence Maharaj, SC, while attorney Anil Maharaj and Sasha Bridgemohansingh are also representing the TTCB.

At the end of yesterday’s proceedings in the Port of Spain High Court, attorneys for both sides agreed to inform the judge, by e-mail, of the issue of cross-examination and setting a trial date.

Both Ramnarine and Ganga were in court yesterday.