TTRA injunction appeal deemed urgent for July 4 hearing

THE Court of Appeal has deemed the TT Revenue Authority (TTRA) injunction appeal urgent and has set an expedited hearing for July 4.

On Wednesday, Justice of Appeal Ronnie Boodoosingh granted the application for the appeal to be deemed fit for an urgent and expedited hearing.

On Monday, Justice Betsy Ann Lambert-Peterson dismissed the injunction application of a customs officer which sought to halt the operations of the TTRA, including the recruitment of staff.

She said after weighing the risks, the State should not be restrained, even by interim relief, from exercising its statutory powers or doing its duty to the public.

The judge also said Terissa Doray, the customs officer who filed the constitutional claim and asked for the injunction, did not show she would suffer irremediable harm if the injunction was not granted and to grant it now would likely do more harm than good.

Dhoray, a member of the Public Services Association (PSA), has accused the Government of trying to steal an unfair march on workers by secretly making moves to make the TTRA fully functional, before the court rules on the constitutionality of the TTRA Act.

Dhoray’s application specifically challenges section 18 of the TTRA Act, which deals with the enforcement division of the TTRA.

The application contends this forces employees at the Inland Revenue Division and the Customs and Excise Division, who are most affected, to decide by August 1 if they wanted to join the TTRA, or not.

By legal notice on April 14, President Christine Kangaloo proclaimed certain sections of the TTRA with effect from May 1.

The injunction application sought to have section 18 stayed pending the hearing and determination of the constitutional claim, as well as an order suspending the date of operationalisation of the TTRA.

In a statement on Wednesday, the PSA again advised members not to sign on with the TTRA until there is a final decision by the court on the act. It also said it will take its application for injunctive relief all the way to the Privy Council, if necessary.

It also called on the Government to hold its hands on the TTRA and allow the court to rule in the interest of the public.

Dhoray and the PSA are represented by a team of attorneys led by former attorney general Anand Ramlogan.

The PSA said it empathised with workers of the IRD and CED and understood their distress and frustration.

“The attempt to operationalise the TTRA without allowing the court to determine its claim is like putting the cart before the proverbial horse.

If the TTRA is ultimately declared to be legally unconstitutional by the court, substantial sums of public money would have already been wasted in setting up and operationalising a white elephant and that money could have been utilised on repairing potholes and buying beds and medication for hospitals.”