Auditor General Jaiwantee Ramdass has made good on her threat and has filed a lawsuit against the attorney general.
Jaiwantie Ramdass is claiming her constitutional rights have been breached, and she is seeking protection under the law as well as payment of her legal fees.
Freedom Law Chambers, led by former AG Anand Ramlogan, SC, filed the Auditor General’s claim in the High Court on Tuesday against Attorney General Reginald Armour, SC. An urgent hearing is being requested.
The claim states the Auditor General wishes to have the benefit of legal advice and guidance to navigate the “multiple legal issues that have arisen in the public interest”.
It added: “In going forward, she requires immediate legal advice so that she can be certain that she is acting within the law. The Resolution has been granted by Parliament extending time ex post facto, after she had completed and submitted her (2023 audit) Report.
“No one has communicated with her Office regarding this matter since she submitted her Report and hence she is unclear as to what is expected and required of her.”
The claim noted that AG Armour indicated that he has the advice of senior counsel on the issue of whether the State will bear the reasonable legal costs of the Auditor General, but he has given no deadline for his response.
“However, the Auditor General has already incurred legal expenses for advice and representation. She was compelled to defend her office after the misleading statements that were made by the Minister of Finance and the Attorney General in Parliament.
“She is therefore extremely concerned about the reluctance of the Attorney General to bear these legal costs in circumstances where he could not reasonably provide independent advice to her, and it was necessary for her to act quickly to defend her integrity and the independence of her office,” states the claim.
“The Claimant therefore seeks relief so that she can meet her legal expenses. The Auditor General also wishes to seek judicial guidance on whether her Office is entitled to seek the independent legal advice and representation in circumstances where there is a conflict with the Government and Attorney General, such that it is not possible or proper for the Attorney General to advise her,” it added.
Ramdass alleged that her right to protection under the Constitution is being, or is “likely to be breached by the arbitrary, manifestly unfair and irrational action and/or conduct of the Attorney General concerning issues that have arisen pertaining to the Report of the Auditor General on the Public Accounts of the Republic of Trinidad and Tobago for the financial year 2023”.
Her attorneys have submitted that the Auditor General’s constitutional rights have also been breached and she is seeking several declarations, including her right to protection under the law.
She is also seeking:
• A declaration that the Auditor General is entitled to retain and instruct counsel of her choice to represent the Office of the Auditor General in any matter where there is a dispute with the Government and she has reasonable grounds to believe that the AG cannot render independent legal advice and representation and that the AG is required to bear the reasonable costs associated with same.
• A declaration that the Auditor General was/is entitled to retain and instruct counsel of her choice to advise and represent the Office of the Auditor General on issues that have arisen pertaining to the preparation and laying of the report and that the AG is required to bear the reasonable costs associated with same.
• Damages including vindicatory damages;
• Costs on an indemnity basis;
• Such further relief as the honourable court may deem just.