Lawless regional corporation?

THE EDITOR: Apart from the public scepticism over constitutional reform, it is also known that there are many existing laws that are not being followed by government agencies and constitutional reform will not solve many citizens’ complaints.

In fact, I am shocked at a face-to-face example. I used to think that a court order as delivered by a judge after hearing all evidence was a most serious judicial tool to serve justice, remedy victims and preserve respect for the court. I used to think that the court order must be quickly followed. Any delays would result in furthering the victim’s suffering and attract quick court penalties.

Well, that was before I witnessed how the San Juan/Laventille Regional Corporation freely refused to follow three court orders to repair and construct a collapsed public drain that collects rainwater and wastewater from over 60 residents at Hilltop Drive, Champs Fleurs. A 12-year old problem, the collapsed drain continues to cause extensive soil erosion and expensive landslides to my private property. After many years of useless complaints to PM, ministers, Ombudsman, etc, the matter was taken to court.

1. First court order: At the November 22, 2022 hearing, the judge concluded that the “collapsed drain” needed “reconstruction” and issued a court order to the San Juan/Laventille Regional Corporation “that reconstruction shall commence with effect from 5 December 2022.” Months passed and no such “reconstruction” or explanation given to either court or claimant.

2. Second court order. At the July 4, 2023 hearing, the judge issued a consent court order that the corporation commence "reconstruction of the collapsed drain on July 21, 2023." The corporation pledged a “$2,500 penalty per day” if no work is done. Months passed, no such “reconstruction” started, no penalty paid. Statutory duties neglected. Erosion and landslides continued.

3. Third court order. At the November 7, 2023 hearing, the judge again issued a court order for the corporation “to construct a reinforced concrete box with engineering standards previously used and commencing from Hilltop Drive, Champs Fleurs to Hutton Road.” With such work “to commence on or before the 28th day of February 2024.” Again months passed, no such work done as of March 31, no penalty. Damage from collapsed drain continues.

This repeated disobedience by a government agency of three court orders is a serious, direct attack on judicial authority and warrants cabinet attention. It's a mockery of the court’s authority.

Does Minister Faris Al-Wari know about this? Will constitutional reform help? Justice Frank Seepersad has complained about the extent to which court orders have been regularly disobeyed. Are judges helpless too? In fact, for civil matters, the Civil Proceedings Rules (1998) give the following powers of a judge over a guilty defendant who disobeys his or her court order.

Briefly, (1) The court may make an order to seize the assets of the defendant (debtor) who is an individual or corporation. (2) Court may make a committal order (sentence, eg 21 days) against an officer (eg CEO, chairman) of the defendant corporation. (3) Confiscate (seize) the assets of an officer (eg CEO, chairman) of the defendant corporation. Further, costs may be paid to claimant.

Given the current concerns of judges and many aggrieved citizens, maybe an increase in these punishments should be considered in order to bring greater respect and effectiveness to our judicial system.

RAMESH DEOSARAN

Professor Emeritus