Auditor General heads to court over public accounts’ imbroglio

AUDITOR General Jaiwantie Ramdass has filed a lawsuit surrounding the constitutional impasse involving her report of the public accounts of Trinidad and Tobago for the financial year 2023.

The claim was filed in the High Court on May 7. It asks the court for an urgent hearing.

Ramdass is seeking several declarations, including her right to protection of the law and her right not to be deprived of such procedural provisions as necessary.

The claim has been assigned to Justice Westmin James. In the lawsuit, Ramdass insists she is entitled to retain and instruct counsel of her choice to advise and/or represent the Office of the Auditor General in any matter where there is a dispute with the government.

“The Auditor General is therefore in uncharted waters and the next four months are quite critical as she may be expected to perform additional duties in circumstances where same may not be sanctioned or authorised by law.

“In the circumstances, she wishes to act with the benefit of independent legal advice in the public interest.

“..The importance of such procedural provisions cannot be overstated; such provisions are necessary to secure and protect the independence of the Auditor General and the Office of the Auditor General, which the Constitution sought to insulate from political influence, interference and control.

“The failure to make such procedural provisions means the independence of the Office of the Auditor General can be easily undermined and compromised”

Ramdass’ claim contends she is entitled to retain and instruct counsel of her choice to advise and/or represent the Office of the Auditor General in any matter where there is a dispute with the government.

The lawsuit contends that she has reasonable grounds to believe that the Attorney General cannot render independent legal advice and representation.

However, the lawsuit says the Attorney General is required to bear the reasonable costs for her lawyers.

The claim also points to alleged phone calls from a senior government official on the “missing $3.4 billion in the national accounts that were presented to her.”

The claim added, “This telephone call left the claimant with an uneasy feeling.”

She alleged that on November 30, 2023, she received another phone call from the same official about the report on the financial statements of the Heritage and Stabilisation Fund (HSF) for the year ended September 30, 2023.

She claimed she later received a letter on January 31 on her financial statements for the HSF calling on her to reconsider her opinion but did not accede to the request.

Her claim also gives details of the error in the public accounts which has since been made public.

“Given the magnitude of the alleged error in the national accounts, the shifting of the financial goalpost to the lower revenue figure and the significant amount of revenue that could not be accounted for, the claimant was very concerned about these unexpected and unprecedented developments.

“She was also unclear as to whether she could lawfully receive and audit these new or amended accounts because the act did not make provision for the submission of any other accounts after the statutory deadline of January 31, 2024.”

She claims she was reluctant to accept them because she was in uncharted waters and there was no precedent to guide her.

“Furthermore, the audit had been completed and this would completely railroad the hard work of her department in accomplishing this herculean task within the prescribed time to allow for printing and binding and timely submission to the various offices as mandated by the Constitution.”

A certificate of urgency filed along with the claim says the issue of the Auditor General seeking independent legal advice was an important issue to be clarified.

“The Attorney General is duty bound to facilitate and enable the Auditor General’s request for independent counsel so that she can be properly represented in the ongoing controversy.

“The status of her report which was submitted on April 24, 2024, which the Minister of Finance failed and/or refused to lay in Parliament when called upon to do so by the Speaker is in a state of legal limbo and uncertainty with grave implications and ramifications for the country’s reputation and willingness to adhere to the constitution and the rule of law.”

Parliament has since extended the time for the laying of the Auditor General’s report.

On Tuesday, the Finance Ministry also announced a two-man investigative team to probe what took place. The team is led by retired High Court Judge David Harris.

Ramdass is represented by Anand Ramlogan, SC, UK attorney Jodie Blackstop, Kent Samlal, Natasha Bisram and Aasha Ramlal.