George: Legal issues to Chief Sec $700,000 BMW

Attorney Martin George says there are legal ramifications to the purchase of a brand-new BMW Li740 for use by Chief Secretary Kelvin Charles which could have far-reaching consequences.

In an interview with Newsday Tobago, George said the purchase of the BMW was not just a Tobago issue nor a Tobago House of Assembly issue but a national one.

A press release from the Office of the Chief Secretary on Thursday confirmed the purchase of the new vehicle, noting its cost of $777,817.33, and stating that it was to replace another vehicle which was more than six years old.

George, in explaining the legal ramifications, pointed to a High Court judgment of Justice Nadia Kangaloo in the case of the THA versus the Attorney General, a matter in which he, George, appeared along with others for the AG’s office.

“In that judgment, it was ruled that the THA policy must be subordinate to and be guided by the overall policies of the Cabinet and central government pursuant to section 75 of the Constitution.

“In light of this, it would be instructive for the Cabinet or the Government to clarify whether it is their policy at this time of economic belt -tightening and with so many people being thrown on the unemployment line, for Government or State officials to be spending more than three quarters of a million dollars on luxury vehicles,” he said.

George said t once the Government or Cabinet says yes, this is their current policy then the reference to the THA Act is correct.

“If, however the Prime Minister and the Government say this is not their policy position at this time, then it may be that the Prime Minister and the Cabinet have a duty and a responsibility to intervene here and set the record straight,” he said.

George also criticised the press release from the Office of the Chief Secretary, stating that it “has actually appeared to sink them (THA) even further into a possible legal quagmire.”

He said the Assembly’s press release sought refuge under the provisions of the Tobago House of Assembly Act and sought to justify the purchase of the car by claiming to have done so under the provisions of the THA Act and more particularly under Section 6.

“Sticking strictly to the law and avoiding questions raised about the cost or expense of such a 7-series BMW vehicle and whether it is appropriate or not in these current economic times, it appears that there are now some serious legal questions and implications in relation to the purchase and acquisition of this 7-series BMW vehicle.

“The difficulty for the THA and the Chief Secretary comes from the fact that the section of the THA Act they rely on as their justification for the purchase of this vehicle is one which potentially lands them in more legal difficulties. Section 16 of the THA Act makes it clear that ‘the State’ shall provide the Chief Secretary with an official vehicle; not that the THA shall provide the Chief Secretary with an official vehicle.

“It is not to be “himself unto himself.” It is ‘the State’ which is to provide the vehicle. Clearly from all that has been recorded and revealed in this matter thus far, this has not been provided by the State,” George said.

Adding that by the Interpretation Act of the Laws of T&T, “State” means the Republic of Trinidad and Tobago, he noted that in the THA Act, the THA is clearly not the state, but rather a corporate body.

“So the acquisition of this 7-series BMW vehicle by the THA for the Chief Secretary was not and clearly is not, a vehicle provided by the State, so in such circumstances we need to call upon the Prime Minister and the Cabinet to account for the purchase of this BMW 7-series vehicle because if it was provided by the state we will need to see the documentation and the Cabinet decision and the Cabinet Minute and Note supporting such decision and then we as a nation, will be able to then ask the Prime Minister and the Cabinet to justify this expenditure at this point in time,” he said.

George said should “the Prime Minister and the Cabinet deny that this was provided for by the State; and it appears that the Chief Secretary and the THA are attempting to throw them under the bus, then the THA and the Chief Secretary have some very serious questions to answer to the public, to the Cabinet, to the Prime Minister and possibly also to the Integrity Commission.