AUDITOR General Jaiwantie Ramdass has initiated a new round of litigation over the public accounts’ imbroglio.
Acting Prime Minister Colm Imbert is now being asked to cancel or recall the investigation into what took place. He has been given until 4 pm on May 15 to do so.
On May 12, attorney Aasha Ramlal of Freedom Law Chambers, which is representing Ramdass, issued a new pre-action protocol letter to Imbert, as acting prime minister and head of the Cabinet, challenging the Cabinet-appointed investigative team to probe the understatement of revenue for the 2023 financial year.
The letter was copied to retired High Court judge David Harris, as chairman, and David Benjamin, the other team member, a retired audit director at the Auditor General’s department.
The investigative team’s appointment was announced by the Finance Ministry on May 7.
Sunday’s letter reminded that the Public Service Commission (PSC), under section 121 of the Constitution, had the sole and exclusive jurisdiction for the “appointment, promotion, transfer and disciplining” of public officers.
The letter said the understatement of the Government’s revenue in the original sum of $3.4 billion (originally) and subsequently $2.9 billion would give rise to a prima facie case of conduct prejudicial to the public service.
“This arguably constitutes misconduct under the Public Service Commission Regulations. As such, it is a matter that falls within the constitutional jurisdiction and remit of the independent PSC.”
The letter said by appointing an investigative team, the minister “has usurped the constitutional role and function of the independent PSC.”
Ramlal maintained this was a breach of section 121 and an “impermissible intrusion into the constitutional remit of the PSC.”
She said, “Public officers in the Ministry of Finance hold a disciplinary jurisdiction of the Public Service Commission, which is specifically authorised to conduct such investigations.
“The Public Service Regulations set out the procedure for conducting disciplinary proceedings and the necessary safeguards…”
Ramlal said to investigate the action and conduct of public officers was an “illegal and unconstitutional trespass.
“The Minister of Finance is also inextricably intertwined and is a main protagonist in this conflict,” the letter said.
Ramlal also noted the “scathing” attacks on Ramdass in both Houses of Parliament, adding that “this investigation is, therefore, nothing more than a not-so-clever attempt” to distance the ministry from the fiasco created.
The letter also referred to statements by the Finance Minister at a post-Cabinet briefing on May 9 when he said the Original Statement Declaration and Certification, which was dated January 31, 2024, was “inadvertently” included with the amended public accounts delivered to the Auditor General on April 15, 2024.
Ramlal described this explanation as “half-baked” since there was no mention that it was the Auditor General who, by letter dated April 17, 2024, wrote to the Attorney General to complai
