Customs and Excise officer Terrisa Dhoray and her union, the Public Services Association (PSA), have convinced the Court of Appeal to allow her to petition the London Privy Council despite two previous refusals of an injunction to stop the operationalisation of the TT Revenue Authority (TTRA).

On Friday, three days after they dismissed Dhoray’s appeal for the injunction, Justices of Appeal Nolan Bereaux, Mark Mohammed and Peter Rajkumar agreed to grant her conditional leave.

In an oral ruling, the judges said they were “persuaded” by arguments of Dhoray’s lead attorney, Anand Ramlogan, SC, on the right to protection of the law.

They said that constitutional right was evolving and multi-dimensional. It also prohibited acts by a government to arbitrarily or unfairly deprive individuals of their rights and gave citizens the right of access to the courts for relief for breaches of their rights, they ruled.

In arguments at the Hall of Justice, Port of Spain, Ramlogan submitted that the nature of the claim gave his client the right of access to appeal to the apex court. He said it also raised matters of public importance and was “highly exceptional” which warranted the court to exercise its discretion and allow the appeal to progress.

In an immediate reaction, the PSA said it welcomed the court’s permission to appeal to the Privy Council.

“It is clear that the Government did not want this case to go beyond the local courts as the State opposed the grant of leave…

“The PSA had committed itself to taking this case to the highest court in the land from day one. We are of the firm view that the matter raises issues of great constitutional and public importance hence, the highest court in the land should pronounce on the serious issues we have raised.

“The abolition of the Inland Revenue Division and Customs and Excise Division and its replacement with the Revenue Authority is a cataclysmic change.

“These two institutions have served our country and people for over half a century since independence and cannot be abolished at the Government’s whim and fancy.”

The PSA’s release said the issue of political interference and control over public officers was a serious one.

“The Revenue Authority is liable to such political manipulation and control and will therefore be detrimental to the public interest. It places too much power in the hands of Finance Minister Colm Imbert.”

Ramlogan and his team will now seek to have an urgent hearing at the Privy Council.

On Tuesday, in a previous decision - a majority ruling by Bereaux and Mohammed- the judges found no fault with the refusal by Justice Betsy Ann Lambert-Peterson to restrain the Government from going ahead with staffing the TTRA.

Justice Peter Rajkumar dissented.

On Friday, Ramlogan said the appeal was of critical importance since employees at the IRD and CED, are being forced to decide by August 1 if they wanted to join the TTRA, or not.

“Who is the State to tell me to voluntarily resign? Do not view this case with blinkers. You cannot divorce t