That very instructive December 22 judgment by the Privy Council (PC) against WASA’s “negligent failure” in its statutory duties stands out as a flagship decision regarding the role of lawyers, judicial independence, apparent spite and abuse of taxpayers’ money, very insensitive government agencies, lack of proper oversight for government litigation and some reasons for case-backlogs.
The robustly candid comments by the five PC judges (delivered by Lord Leggatt) on WASA’s neglect, repair delays to a sinking house and their confirmation of the $2.2 million award with costs to the aged couple, Darwin and Kamalar Sahadath, should be taken very seriously by government and its various local government and statutory agencies. especially where large amounts of taxpayers’ money are also spent for legal fees.
Since 2012, the distressed, victimised couple found a leaking WASA main, cracked road, drain and sink holes widening in front of their house resulting in damage to the walls and basement of their sinking house. After repeated complaints, WASA made some “repairs” to the faulty pipe but the leakage and damage increased. The couple, with experts, felt compelled to take costly action against WASA “claiming negligence (alternatively, nuisance, and/or breach of statutory duty) despite the authority being aware of the leak but had failed to repair in a proper or timely manner.”
The PC noted WASA lawyer, Keston McQuilkin (with Alivia Mootoo and Charles Russell Speechlys (UK), resisted the claims while arguing “without evidence” the landslide was caused by something else. The repair delays by WASA aggravated the landslide. The PC also concluded that even without “expert evidence,” WASA was “negligent.” The Law Lords also noted expert evidence that showed rather than rainfall, it was “saturation of the subsoil from the water leak that progressed to the larger landslide.” “WASA’s appeal rubbished,” screamed one headline. Who advised WASA?
The couple’s lead lawyer, Larry Lalla (assisted by attorneys Vikash Indar Lal, Alisa Khan), felt compelled to say: “This matter shows unacceptable, disgraceful, high-handed and oppressive conduct by a state entity, with deep pockets, against some everyday citizens of this country.” The PC further noted that while WASA had some responsibility, the regional corporation neglected its duty at that time to do “repairs to the road and drains” so as to help mitigate the damage. How will “local government reform” and Rural Development and Local Government Minister Faris Al-Rawi prevent such “high-handed and oppressive conduct” by state entities?
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Given this successful action and the taxpayers’ money involved, this matter and others like it are worthy of attention by Attorney General Reginald Armour, SC. Further, given the PC comments, the tragic nature of this case, taxpayers’ money involved, the statutory neglect and prolonged suffering of the victimised citizens, there clearly is a need for guidance and oversight al
