The Cabinet-appointed investigation surrounding the understatement of revenue in the Auditor General’s Report for the financial year 2023 and related matters will go on without the input of Auditor General Jaiwantie Ramdass for now.
The probe, led by retured judge David Harrris, can continue its investigations into the other aspects surrounding the $2.6 billion understatement in the Auditor General report on the 2023 public accounts that does not involve Ramdass.
This comes after an undertaking was given by the State at a hearing in the Court of Appeal on June 7.
On June 7, attorneys for the State agreed to an undertaking that the Harris-led would not submit its report – originally due July 7 – to Finance Minister Colm Imbert.
Last week, Justice of Appeal Peter Rajkumar deemed Ramdass's appeal fit for urgent hearing.
The appeal of Justice Westmin James’s refusal to grant Ramdass leave to challenge the legality of the probe will be heard on June 17.
In an affidavit filed on June 6, in support of an injunction, Ramdass said she received a letter from chairman Harris soliciting her participation in the probe.
Harris wrote, “I write to you in my capacity as chairman of the said committee. The remit of the committee is a fact-finding assignment only and does not include the objective of determining civil or criminal liability nor, culpability of any person(s) within the Public Service or any other disciplinary regime."
”The committee is desirous of receiving the contribution from the Auditor General and from any officer(s) within the Auditor General’s Department who may be identified by the Auditor General, to assist in providing the committee with their respective professional, experienced and expert responses to the questions to be raised by the committee during a meeting to be fixed.
“ It might be that the Auditor General may determine that different persons respond to different aspects of the role and interactions with the various Government departments relevant to the committee’s remit, that were performed by the Auditor General’s Department in the Audit for the Financial Year 2023.
“This is entirely a matter for the Auditor General.”
Ramdass was asked to attend a meeting on June 12 either at her office or at the Finance Ministry.
In a written ruling on June 3, Justice Westmin James refused Ramdass leave to pursue her judicial review claim.
This cleared the way for the Harris-led team to continue its Cabinet-ordered probe. Harris and former audit director David Benjamin were appointed in early May.
James held the investigation did not amount to an unjustified interference with the independence of the Auditor General’s office.
“He said the probe and the remit of the Harris team were not disciplinary but investigative.”
“In this case, the minister used a discretionary power for the purposes of the recommending an investigation.
“It can be agreed between the parties that there was a serious matter of public importance that required investigation…”
However, Ramdass’s attorneys arg
