Justice Aboud sticks to his guns

JUSTICE James Aboud says he has been working on his decision in the consolidated case involving the Estate Management Business Development (EMBD) Company and several contractors since March and had fixed the date for his decisions on several applications before the date of the general election was announced. He will give his decision on Thursday.

Aboud, through his judicial support officer, wrote to parties telling them he has seen the e-mail correspondence sent to him asking him to “reconsider” the date for his ruling until after August 10.

The judge said the decision was long-outstanding and he had been working on it since March in addition to working on other pressing judgments, in-Chamber decisions and virtual hearings. “The scheduled date of delivery was fixed in his Lordship’s diary prior to the announcement of the general election and subsequently formally notified to you.

“The Hon judge is unable to adjust his work schedule in August as he has many other demanding and equally important judicial responsibilities and obligations on every day in August,” the JSO wrote.

Last Friday, attorneys representing the five contractors asked the judge to reconsider postponing his ruling, “having regard to the wide publicity given concerning the merits and weaknesses” of the claims, until after the August 10 general election.

In the letter to Aboud, attorney Karina Singh, in asking for the postponement, pointed out that the political arm of the Government has made “strong and inflammatory public statements about the strength of the case of the EMBD.” She said the Opposition has also made strong and inflammatory public statements about the weakness of the EMBD’s case. Singh said the request was because the delivery of the judgment, before the election date, could mean “whichever side succeeds in the applications before the court is likely to bring the administration of justice into political controversy.” The matters before the judge include claims by the contractors for payment for work done while there is a countersuit by the EMBD in which the state entity is seeking repayment of sums paid to the contractors which were identified as TN Ramnauth and Co, Kallco Ltd, Mootilal Ramhit and Sons and Fides Ltd.