State agrees to pay Auditor General's costs in lawsuit over failed probe

THE STATE has agreed to pay Auditor General Jaiwantie Ramdass’s legal costs after she withdrew her lawsuit, which challenged an investigation by the previous government into her role in the revenue understatement of the public accounts for the 2023 financial year.

Ramdass’s withdrawal of her legal challenge comes after a ruling from the Privy Council and the discontinuation of the probe by the cabinet-appointed investigative committee in February.

When the parties appeared before High Court judge Joan Charles on May 12, she was told that the parties had held discussions since the Privy Council’s ruling earlier this year.

Attorney Kent Samlal, who appears with Senior Counsel Anand Ramlogan, for the auditor general, reminded that the state had filed no evidence in defence of the claim, while Douglas Mendes, SC, who appeared for the Minister of Finance, also informed the judge of the then-cabinet’s decision to discontinue its investigations into the Auditor General’s role in the revenue understatement.

“So, in effect, there is no longer anything to review. It is in that context that this consent order is being entered."

The consent order, which the judge approved, permitted Ramdass to discontinue her claim and for the State to pay her legal costs.

In a statement, Ramlogan said that in the aftermath of the Privy Council’s scathing ruling against former finance minister Colm Imbert and the then-government’s abandoning its investigation, “Ms Ramdass has emerged victorious and succeeded in her journey for justice.

“Her claim for judicial review aimed to stop the government from conducting what she felt was an illegal investigation with the ulterior motive of punishing her for not co-operating with the government and Mr Imbert, in particular.”

Ramlogan said Ramdass was fearful the investigation “could have been used to manufacture evidence against her” for a case of misconduct and “artificially justify attempts to hound her out of office.”

He added, “She feared that the government wanted to get rid of her because she refused to compromise her professional ethics and principles.”

Ramlogan disclosed that before the April 28 general election, the government’s attorneys wrote to the Privy Council conceding it would pay Ramdass’s legal costs.

“We must salute Ms Ramdass for her steadfast and tireless journey for justice. It has been a difficult and arduous journey that spanned the full gamut of the legal system, reaching all the way to the Privy Council after the government appealed the decision of the Court of Appeal in Ramdass’s favour and lost before the Privy Council.

“Ramdass pledges to continue to fearlessly protect and safeguard the independence and integrity of her office and to always act in the public interest.”

In November and again in January, the Privy Council sharply criticised Imbert’s decision to appeal the ruling that allowed Ramdass to pursue her legal challenge.

In a strongly worded decision, the Privy Council questioned the necessity of the appeal and emphasised that the allegations of unlawful conduct made by Ramdass deserved a full judicial review.

“It is unfortunate that the so-called knockout blow relied on by the minister has not only led to extensive argument in the domestic courts but also to this second appeal,” the court said.

“It might have been thought preferable for this case to go forward to a full judicial review hearing so that the serious allegations of unlawful conduct made by the respondent could be fully investigated, considered and determined on their merits.”

In her lawsuit, Ramdass alleged that the probe violated constitutional protections that safeguard her independence as Auditor General. She contended that the investigation, which stemmed from her refusal to accept amended accounts submitted after the statutory deadline, was an attempt to undermine her office.

The dispute over the 2023 public accounts arose after what was initially reported as an understated government revenue figure of $3.4 billion, later revised to $2.6 billion. Ramdass refused to accept the amended accounts, arguing her audit of the original submission was complete. The then-cabinet subsequently appointed retired High Court judge David Harris and his team on May 7, 2024.

The team was ordered to probe the understatement, look into Ramdass’s response to the second accounts, her audit report statements, and any related matters, while making findings and recommendations.

In making the announcement to discontinue the investigation into the auditor general’s role, the Office of the Attorney General, in a statement on February 28, said, “The Cabinet, having since commenced consideration of the investigative committee findings, is satisfied that its report has adequately identified the contributing factors to the revenue understatement and provided recommendations to strengthen financial oversight and, will be receiving from the Minister of Finance a (cabinet) note with suggestions and recommendations.

“Given these developments, the Cabinet has determined that the continuation of proceedings in CV2024 – 01720 Jaiwantie Ramdass v Minister of Finance and the Cabinet of the Republic of Trinidad and Tobago will not further inform the issues already addressed by the investigative committee’s findings, while incurring further legal costs and judicial time while these proceedings are ongoing.

“Accordingly, the Cabinet has taken the decision not to proceed further with the terms of reference referred to above pertaining to the Auditor General.”

The team had been prevented by an order of the court from continuing its probe into the Auditor General’s role, although it was permitted to continue its work, focusing on the other aspects of its mandate. The statement in February said the Harris-led team had submitted its final report but did not provide details.

Ramdass has a separate constitutional claim before Justice Westmin James.

Also appearing for Ramdass are Jodie Blackstock, Natasha Bisram and Aasha Ramlal. Appearing with Mendes for the Finance Minister and Cabinet were Simon de la Bastide, SC, Jerome Rajcoomar and Sashi Indarsingh.