Four former employees of the Ministry of Sport have filed a judicial review application against the Central Audit Committee (CAC) of the Ministry of Finance, claiming its 53-page report had severe negative imputations against them. They are former permanent secretary Ashwin Creed, and former employees of the Life Sport programme Cornelius Price, Theodore Charles and Ronnell Barclay.
The matter was filed in the High Court on October 24 by attorney Peter Taylor on behalf of his clients. They are seeking legal cost, damages, and other relief that the court may deem fit and appropriate.
The CAC conducted a financial probe into the Life Sport programme mandated by the Ministry of Finance in May. This report was laid in the House of Representative by Prime Minister Kamla Persad-Bissessar in July. The genesis of the audit attributed to several media reports on possible impropriety that may have existed in the two-year-old programme. The applicants are contending that the CAC:
• Acted in bad faith in the purported conduct of the audit.
• Infringed the claimants right to natural justice.
• Made several findings and/or assumptions of fact in the absence of evidence and/or without any reasonable basis for so doing.
• Exercised its power, in the conduct of the audit, in a manner that is so unreasonable that no reasonable auditor would have done so.
• Took into account irrelevant considerations in arriving at its conclusions.
• Failed and/or neglected and/or omitted to take into account relevant considerations in arriving at its conclusions.
The claimants also noted that had the CAC put its findings to them prior to the publication of the audit report, an erroneous conclusion would not have been made. The issue of the $34 million EBEAM Interact Ltd, and the rationale behind the board’s decision to pay the second tranche of $17 million to the company was also raised in the application.
In his affidavit, Creed said in his capacity as PS he had overall oversight of the programme and as such, specific findings and/or conclusions have a direct bearing upon his professional reputation and perceived competence. “Since the publication of the said audit report, there have been numerous media reports which have depicted the Life Sport programme as one which is plagued by fraud, theft, questionable payments, and other criminal activity,” Creed stated.
Following the audit, former minister of sport Anil Roberts was forced to resign from the People’s Partnership Government due to mounting pressure from the public, the Opposition, and even his own Cabinet colleagues.
