Auditor General Jaiwantie Ramdass has not been given permission to challenge the Ministry of Finance and the Cabinet over a decision to appoint an investigation team to probe into a recent impasse between her office and the ministry.
In a written ruling on June 3, Justice Westmin James refused Ramdass leave to pursue her judicial review claim.
This means the team led by David Harris team can go ahead with its Cabinet-ordered probe. Harris, a retired judge, and former audit director David Benjamin were appointed in early May and given two months to complete their probe.
James ruled that the Auditor General had not presented an arguable case with a realistic prospect of success at trial. As a result, he will no longer need to consider an injunction she sought to pause the probe temporarily.
In his ruling, James disagreed with Ramdass’s argument that to allow an investigation would lead the Executive to exert control over her office.
"I disagree, not every action can constitute interference in the functions of an office holder or a direction to the officer holder in the conduct of their duties."
He said the probe and the remit of the Harris team were not a disciplinary one but investigative.
“The remit of the investigation team is a broader investigation involving other stakeholders. including the Central Bank of TT and the Ministry of Finance, and a fact-finding exercise, not telling the applicant what to do or exert control over her or her office.
“That is clearly within the remit of the minister and Cabinet to be able to advise itself in the formulation of policy, including legislative policy and reform as necessary.”
He said from Ramdass’s own evidence, an investigation of some sort was reasonable.
James said the Auditor General’s own findings and statements indicated the ministry recognised there “were errors of billions of dollars of public funds.
“The circumstances and procedures for submitting amended reports and the applicant’s serious allegations of other public officials of backdating accounts are matters of serious public importance.
“The ability of the applicant to verify accounts and conclusions within her report are of extreme concern to anyone, much less the Executive.
[caption id="attachment_1087531" align="alignnone" width="925"] Finance Minister Colm Imbert. FILE PHOTO -[/caption]
“Just as the applicant was entitled to do her own enquiries, raise her concerns about the actions of other public officials, make conclusions in her report and about members of the Executive, so too can another part of the Executive look into the facts surrounding the issue, which may include her actions and conclusions.”
He said Ramdass, as Auditor General, would want any error in procedure or substance not to be repeated.
“The applicant would also also want those public servants, public officials, to evaluate their processes and make the relevant changes.
“What other way to achieve this than to have an investigation by an independent committee?
"This would not be meaningful if the in
