In another twist to the property tax confusion, the Opposition is claiming that the Government has not appealed the property tax judgment, while the Government is insisting the appeal is fixed for tomorrow.
Opposition Leader Kamla Persad-Bissessar issued a strongly-worded press release yesterday accusing acting Prime Minister and Finance Minister Colm Imbert and Attorney General Faris Al-Rawi of misleading the public and Parliament by falsely claiming they had appealed the judgment.
However, Al-Rawi told the Sunday Guardian that their attorneys have received confirmation by an Appeal Court judge that their appeal will be heard in an urgent sitting tomorrow.
Persad-Bissessar said the UNC intends to move a motion in the House of Representatives to bring the Attorney General and/or the acting Prime Minister before the Privileges Committee for deliberately and wilfully misleading the Parliament and attempting to unduly apply pressure and influence on the Judiciary in a politically sensitive case in which the Government’s illegal conduct is being challenged.
All of this follow from a late evening sitting at the San Fernando Supreme Court on Friday in which Justice Frank Seepersad ordered a temporary halt to the filing of Valuation Return Forms and granted leave to former agriculture minister Devant Maharaj to challenge the legality of the enforcement of the property tax.
Shortly after, on Friday, Imbert had indicated to the media that the judgment had been appealed and the matter is to be heard by the Court of Appeal on Monday.
However, when contacted via WhatsApp yesterday, Imbert suggested that we first find out whether he advised Parliament of the appeal before asking him to comment on any allegations made by the UNC.
Persad-Bissessar: Govt must apologise
In a press release, Persad-Bissessar said Al-Rawi also told the House of Representatives during his contribution after the judgment that the matter had been appealed.
She said the UNC’s legal team led by former attorney general Anand Ramlogan, SC, has not been served with any notice of appeal.
She said: “They have also made official enquiries of the Registrar of the Supreme Court, Ms Jade Rodriguez and have been advised that no appeal has been filed and the Court of Appeal has not convened any emergency session at 9 am on Monday to hear the Government’s supposed appeal against the property tax judgment.”
She said the UNC can only assume that the AG understands court procedure and that a Notice of Appeal must be filed before any hearing can be scheduled.
Persad-Bissessar said the UNC was concerned, to say the very least, that the Government can make such reckless, false and misleading claims in the Parliament to deceive the population and pour scorn on the undoubted legal victory for the people.
She claimed their statements were designed to put pressure on the Judiciary.
She said Government must apologise to the public and the Judiciary for the hypocritical, deceptive and self-serving statements which have no basis in fact.
“We challenge them to produce any evidence to substantiate the reckless statements as we now know it to be completely untrue.”
She said it was perceived as an alarming and disturbing last-ditch attempt by the Government to save face and apply pressure on the Judiciary.
“For the Government, through its Attorney General and/or acting Prime Minister, the two most senior members of Cabinet, to exert such naked and raw political pressure on the judicial arm of the State is a serious breach and fracture of our Constitution which enshrines the separation of powers.
“The Judiciary is insulated and protected from this kind of disturbing and dangerous political interference as the undoubted consequences of a government meddling in the administration of justice is dictatorship and oppression.”
AG: It’s a storm in teacup
Dismissing the UNC’s claims as a storm in a teacup, Al-Rawi said, “I can confirm that the defendants in the matter, through their attorneys, informed the court’s registrar of the intention to move the Court of Appeal if necessary yesterday evening (Friday) to hear an urgent appeal and that the Honourable Mr Justice of Appeal Mendonca confirmed that the appeal will be listed for 9 am on Monday.
“This is standard and routine procedure in urgent appeals and what it means is that the notices of appeal and the record of appeal will be filed on the next working day as is the norm. Immediately following such arrangements with the opportunity for advance papers to be lodged at the court, this means all that is required is for the papers to be filed on Monday morning at the Court of Appeal and the fixture will be activated.
“All practising lawyers who have moved any court with urgency are aware of the procedures I just prescribed and I therefore condemn the UNC for taking such serious misrepresentation of the manner by which courts can be moved to hear matters.”
He said this was the information received from the team of lawyers representing the attorney general and the commissioner of valuations in the property tax matter.
“This is a storm in a teacup which is being misrepresented in classic UNC-style,” he added.
Matter to be heard in East Court Hall of Justice tomorrow
The Sunday Guardian learnt that Rodriguez only received the Government’s Notice of Appeal at 5.29 pm yesterday.
The matter will be heard tomorrow in the East Court of the Hall of Justice before Justice of Appeal Peter Jamadar, Gregory Smith, and Judith Jones.
