OUSTED Kiswah Chaitoo has appealed his removal as treasurer of the Trinidad and Tobago Cricket Board.

On March 4, Chaitoo’s attorneys Dinesh Rambally and Stefan Ramkissoon sent a 14-page notice of appeal to the TTCB’s Supreme Appellant Committee, challenging the February 28, process when board members met to move a motion of no confidence against Chaitoo.

In December, Chaitoo revealed that approximately $500,000 was allegedly misused over five years. An employee has since resigned following the revelation.

For Chaitoo to be removed, two-thirds needed to be in favour of it. At the end of the voting process, 35 wanted him to leave and 12 were against, which is more than two-thirds.

Chaitoo, an experienced forensic accountant, said he wanted to protect his name and reported the matter to the Fraud Squad.

Monday’s notice of appeal maintained he was committed to the highest levels of transparency and accountability.

His attorneys are contending the special general meeting to move the vote of no confidence was illegal and that the board should have refrained from proceeding with the vote.

Chaitoo was accused of procuring TTCB documents and keeping them in his possession without authorisation, going to the police without the approval of the executive, making untrue statements to the media at an AGM and refusing to meet the executive to discuss its concerns.

However, in the appeal notice, Chaitoo’s lawyers contend the motion for the vote of no confidence was “misconceived, baseless, constitutes an abuse” by the movers.

The appeal accused the TTCB of failing to hold disciplinary proceedings instead of taking the more “radical” route of a vote of no confidence.

“The goal was simply, to get rid of the treasurer.”

The attorneys contended the motion was premature and invalid and accused the TTCB of leapfrogging the provisions of the Constitution and abusing its processes.

“The proposers/TTCB has been extremely disingenuous in crafting the motion of no confidence.”

They further contended that the claim by the TTCB that Chaitoo’s actions “caused reputational damage to the board” and a loss of sponsorship” was fact-driven and no opportunity was given to the treasurer to defend.

“The proposers/TTCB cannot sit as prosecutor, judge and jury in its own case. This is contrary to the rules of natural justice.”

They reminded Chaitoo was a chartered accountant and a member of the Institute of Chartered Accounts so he was bound by the code of ethics in that profession to comply with the law.

Referring to “questionable” blank cheque payments and giving brief details, the attorneys said the TTCB, by its confidentiality clause, could not be entitled to make the treasurer a “confidant of a crime or a fraud” so he was entitled to go to the police.

“He was selective in his disclosure … to the police.”

It was for this reason that the letter said the motion was not genuine and was designed “to obfuscate and cover up the details of gross negligence or willful misconduct or a crime which with due diligence that