Finance Minister Colm Imbert’s decision to invite property owners to voluntarily submit their valuation return forms (VRF) for the calculation of property tax may be in breach of the injunction staying the process issued last Friday.
In a press release issued yesterday, Imbert said his ministry had received legal advice on the order granted by Justice Frank Seepersad and that it did not prevent property owners from submitting their forms voluntarily.
“No injunction or order has been granted restraining the staff of the Valuations Division of the Ministry of Finance from accepting and processing such forms and issuing receipts for same,” Imbert said.
However, Imbert’s interpretation was challenged by legal experts who were contacted by the T&T Guardian.
One judicial source, who asked to remain anonymous, said from his reading of Seepersad’s judgement on the issue, the entire valuation return form submission procedure had been frozen. In fact, the source said attorneys representing former agriculture minister Devant Maharaj would be able to raise the issue of possible contempt with Seepersad when the case comes up for hearing on May 31.
Contacted yesterday, former attorney general Anand Ramlogan, SC, also suggested Imbert’s statement may be in breach of the order.
“The order made by the High Court effectively prevents the state and the Commissioner of Valuations from continuing with the valuation process because it has been strongly challenged on the grounds that it is unconstitutional and illegal,” Ramlogan said.
He described Imbert’s interpretation as “tragic, ridiculous and devoid of reason, logic and common sense.”
“No citizen should volunteer to give personal information concerning their property to Mr Imbert unless they want assessors searching inside their homes seeking to find out how many rooms, toilets and televisions they have. If you choose to be an Imbert volunteer, you do so at your own risk and peril. You would be violating the spirit and letter of the court order and acting to your detriment,” Ramlogan said.
The issue of the interpretation of Seepersad’s order was raised by the legal team for the State during the first hearing of the appeal of the decision on Monday.
Russell Martineau, SC, had said: “There is tremendous confusion. People don’t know whether to go in with the forms and our clients don’t know what to do with forms that were already submitted.”
Martineau also complained that the order was addressed to a press release and not to a Commissioner of Valuations or Imbert.
However, after reading the order, Appellate Judges Peter Jamadar, Gregory Smith and Judith Jones declined. As the appeal was only filed that morning, the judges adjourned the case to June 5.
Following the appeal, signs were placed on the doors of the Valuation Division offices across T&T indicating that the process had been suspended until further notice.
