Lawsuit over Max's failure
- Francis Joseph
The Trinidad Guardian
8 Oct 2009
The continuing failure of President George Maxwell Richards to appoint members of the Integrity Commission has now reached the High Court. Chief executive officer of Radio Jaagriti Devant Maharaj filed a constitutional motion in the San Fernando High Court on Tuesday, against the Attorney General, over the continuing failure of the President to appoint the commission.
The matter has already found its way on the list of October 16 before Justice Ronnie Boodoosingh. The claimant is asking for the motion to be deemed urgent. Maharaj is seeking a declaration that the non-appointment of the commission is illegal and unconstitutional as it violates section 138 of the Constitution. Sir Fenton Ramsahoye, SC, and Anand Ramlogan are representing Maharaj. In his motion, Maharaj pointed out that the members of the last Integrity Commission resigned on February 3. A new commission was not appointed until May 1, but all the members of the commission resigned for various reasons.
Maharaj said since then, no commission had been appointed. He said it was unlawful for the Government to be carrying on without the commission being appointed and functioning. He said he had made several complaints to the commission which were pending. He added that these complaints could not be investigated without the commission members. Maharaj said the Sanatan Dharma Maha Sabha also had a complaint of discrimination before the commission, based on the refusal by the State to award a radio broadcast licence. He said the investigation was completed and all that was necessary was for the commission to make a decision on whether the matter should be referred to the office of the DPP for criminal charges to be laid.
He said he wrote to the President on several occasions on the issue of the non-appointment of the members. “The continuing non-appointment of a new IC creates a window of opportunity for corruption, dishonesty and abuse of power,” Maharaj said. He said there was no commission to receive the annual declarations of income, assets and liabilities, and statements of registrable interests from people in public life. The loophole, he added, could easily be exploited by corrupt people in public life, to the detriment of the citizens of T&T. Maharaj said no action could be taken on any complaints, and these individuals were allowed to continue to function, even if they were guilty of misconduct and wrongdoing.
BACKGROUND
• Four members of the Integrity Commission resigned on February 3, after Diego Martin West MP Dr Keith Rowley was successful in his judicial review case against the commission. The commission has submitted a report to the DPP without telling Rowley that he was being investigated.
• Hours after a new commission was sworn in on May 1, Justice Zainool Hosein resigned. He claimed he was offered the post of deputy chairman, but on the day of the swearing in, he was bypassed.
• The other four members—Fr Henry Charles, Jeffrey Mc Farlane, Lylla Rose Bada and Gladys Gafoor—resigned days later.
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