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Thursday 20 September 2018
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Judge to rule on pan injunction tomorrow

Pan Trinbago Secretary Richard Forteau (far left) leaves Hall of Justice with his attorneys. PHOTO SUREASH CHOLAI

JUSTICE Ronnie Boodoosingh will on Friday rule on whether an injunction should be granted to PanTrinbago’s embattled central executive, restraining its outgoing president Keith Diaz or the purported caretaker committee from exercising any of their functions.

Hearing of the injunction application took place yesterday at the Hall of Justice.

Members of PanTrinbago’s central executive who were purportedly ousted at a March 27 meeting took the matter to court, challenging Diaz’s decision to convene the meeting, at which an interim committee was set up to run the organisation until elections are held.

Diaz resigned his position at the March meeting.

They also claim a petition calling for an extraordinary meeting on April 17, and which resolved to establish the interim executive did not meet the constitutionally required quroum of 60 percent of the membership. At this meeting, secretary Richard Forteau and the others were voted out of office and a caretaker committee, comprising of a chairman, the former president and treasurer and three other persons, was appointed.

PanForteau and the others say the resolutions and decisions taken at the April 17 meeting are illegal and of no effect.

Forteau and the others are represented by attorneys Farid Scoon and Saeed Trotter.

Senior Counsel Frederick Gilkes, who appeared for Diaz, reminded that the central executive were elected to serve at the pleasure of the members of the pan body and it was for the president, as demanded of him by 60 per cent of the membership, who had to call the meeting.

Gilkes accused secretary Forteau of arrogating onto himself powers conferred on the president.

“The president had the responsibility (to call the requisitioned meeting) and that is what he did. They are complaining that he followed the letter of the law.”

They are asking the court to declare the meeting null and void and are seeking an injunction restraining Diaz and the purported caretaker committee from removing, terminating, suspending, displacing or passing any resolution to remove them from the central executive.

They also want an injunction restraining the caretaker committee from exercising any function of the central executive.

Gerard Mendez, chairman of the Northern region, who was named as a defendant in the lawsuit, said at any meeting of PanTrinbago, the membership is the highest decision making body and urged the judge not to lose sight of that.

Bringing the action against Diaz, Mendez and Marie Toby, chairwoman of the Tobago region, were Forteau, Andrew Salvador, Michael Joseph, Darren Sheppard, Allan Augustus and Trevor Reid.

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