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hover11 wrote:IMBERT AND ROWLEY'S CABINET LOSE PRIVY COUNCIL APPEAL AGAINST JAIWANTIE'S JUDICIAL REVIEW
'It might have been thought preferable for this case to go forward to a full judicial review hearing so that Jaiwantie's serious allegations of unlawful conduct could be fully investigated, considered and determined on their merits' - Privy Council
LONDON, UK (January 28, 2025): THE Judicial Committee of the Privy Council (JCPC) today dismissed the appeal by the Minister of Finance and the Cabinet of Trinidad and Tobago against the Appeal Court's grant of permission for Auditor General Jaiwantie Ramdass to pursue a judicial review challenging the Minister's recommendation (accepted by the Cabinet) to appoint an investigation team whose members and terms of reference were determined by Finance Minister Colm Imbert.
The investigation team was mandated to report on the conduct of the Auditor General in response to an understatement by the Ministry of Finance ("the MoF") of revenue of $2.6 billion in the public accounts for the financial year 2023.
The respondent contends that the Minister's decisions are tainted by bias and breach the constitutional protections for the Auditor General in sections 116 and 136 of the Constitution.
The case was heard by a five-person panel comprising Lord Hodge, Lord Sales, Lord Stephens, Lady Rose and Lady Simler.
In its written judgement posted on the JCPC's website and social media pages, the panel ruled that: "None of the arguments raised by the appellants cross the high threshold required for the Court of Appeal's grant of leave to be reversed.
"The appellants have failed to establish a knockout blow to either ground or to demonstrate that the Court of Appeal was plainly wrong to grant leave to apply for judicial review.
"On the contrary, the respondent's case on both grounds is arguable, with a realistic prospect of success.
"The Board has emphasised the low threshold for meeting the test of arguability and the need to demonstrate what is a clear knockout blow in resisting the grant of leave to apply for judicial review.
"The significance of this is that a public body seeking to resist the grant of leave for judicial review of its acts or decisions ought generally to be able to demonstrate a knockout blow in a summary way without the need for extensive investigation of and argument on the knockout point relied on.
"In a case such as this, where wider questions of the public interest may have some bearing on whether leave should be granted, it is unfortunate that the so-called knockout blow relied on by the Minister has not only led to extensive argument in the domestic courts, but also to this second appeal.
"It might have been thought preferable for this case to go forward to a full judicial review hearing so that the serious allegations of unlawful conduct made by the respondent could be fully investigated, considered and determined on their merits.
"To borrow from the words of Mendonça CJ (Ag) in the Law Association case, it might be thought that public confidence in the appellants would be strengthened if the allegations are found to be without merit; but if there is no investigation, the allegations do not simply disappear; on the contrary, they may simply grow louder in volume.
For all the reasons given above, the appeal is dismissed. The respondent's judicial review claim therefore proceeds on all grounds."
CLICK LINK FOR FULL JUDGEMENT
https://www.bailii.org/uk/cases/UKPC/2025/4.html
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The_Honourable wrote:hover11 wrote:IMBERT AND ROWLEY'S CABINET LOSE PRIVY COUNCIL APPEAL AGAINST JAIWANTIE'S JUDICIAL REVIEW
'It might have been thought preferable for this case to go forward to a full judicial review hearing so that Jaiwantie's serious allegations of unlawful conduct could be fully investigated, considered and determined on their merits' - Privy Council
LONDON, UK (January 28, 2025): THE Judicial Committee of the Privy Council (JCPC) today dismissed the appeal by the Minister of Finance and the Cabinet of Trinidad and Tobago against the Appeal Court's grant of permission for Auditor General Jaiwantie Ramdass to pursue a judicial review challenging the Minister's recommendation (accepted by the Cabinet) to appoint an investigation team whose members and terms of reference were determined by Finance Minister Colm Imbert.
The investigation team was mandated to report on the conduct of the Auditor General in response to an understatement by the Ministry of Finance ("the MoF") of revenue of $2.6 billion in the public accounts for the financial year 2023.
The respondent contends that the Minister's decisions are tainted by bias and breach the constitutional protections for the Auditor General in sections 116 and 136 of the Constitution.
The case was heard by a five-person panel comprising Lord Hodge, Lord Sales, Lord Stephens, Lady Rose and Lady Simler.
In its written judgement posted on the JCPC's website and social media pages, the panel ruled that: "None of the arguments raised by the appellants cross the high threshold required for the Court of Appeal's grant of leave to be reversed.
"The appellants have failed to establish a knockout blow to either ground or to demonstrate that the Court of Appeal was plainly wrong to grant leave to apply for judicial review.
"On the contrary, the respondent's case on both grounds is arguable, with a realistic prospect of success.
"The Board has emphasised the low threshold for meeting the test of arguability and the need to demonstrate what is a clear knockout blow in resisting the grant of leave to apply for judicial review.
"The significance of this is that a public body seeking to resist the grant of leave for judicial review of its acts or decisions ought generally to be able to demonstrate a knockout blow in a summary way without the need for extensive investigation of and argument on the knockout point relied on.
"In a case such as this, where wider questions of the public interest may have some bearing on whether leave should be granted, it is unfortunate that the so-called knockout blow relied on by the Minister has not only led to extensive argument in the domestic courts, but also to this second appeal.
"It might have been thought preferable for this case to go forward to a full judicial review hearing so that the serious allegations of unlawful conduct made by the respondent could be fully investigated, considered and determined on their merits.
"To borrow from the words of Mendonça CJ (Ag) in the Law Association case, it might be thought that public confidence in the appellants would be strengthened if the allegations are found to be without merit; but if there is no investigation, the allegations do not simply disappear; on the contrary, they may simply grow louder in volume.
For all the reasons given above, the appeal is dismissed. The respondent's judicial review claim therefore proceeds on all grounds."
CLICK LINK FOR FULL JUDGEMENT
https://www.bailii.org/uk/cases/UKPC/2025/4.html
Sent from my SM-N986U1 using TriniTuner mobile app
When the case was called back on Nov 7th, ten minutes in the Lords was like nah... imbert on some royal sheet and wasting time. They gave the judgement on the spot![]()
Article above is the written judgement which came out today:
https://jcpc.uk/uploads/jcpc_2024_0057_ ... 6bc171.pdf
Dem UNC lawyers in freedom chambers real good boi... where wing?
Remember imbert not losing any money from his pocket? He knew it was a lost cause from the very beginning but didn't want the mark to buss so soon. Funny enough the lords of the privy council questioned why isn't the finance minister under investigation for his suspicious behaviour and they don't even live here but they seeing something just isn't right. Wing? Well he in time out he needed some time to reflect on his transgressionsThe_Honourable wrote:hover11 wrote:IMBERT AND ROWLEY'S CABINET LOSE PRIVY COUNCIL APPEAL AGAINST JAIWANTIE'S JUDICIAL REVIEW
'It might have been thought preferable for this case to go forward to a full judicial review hearing so that Jaiwantie's serious allegations of unlawful conduct could be fully investigated, considered and determined on their merits' - Privy Council
LONDON, UK (January 28, 2025): THE Judicial Committee of the Privy Council (JCPC) today dismissed the appeal by the Minister of Finance and the Cabinet of Trinidad and Tobago against the Appeal Court's grant of permission for Auditor General Jaiwantie Ramdass to pursue a judicial review challenging the Minister's recommendation (accepted by the Cabinet) to appoint an investigation team whose members and terms of reference were determined by Finance Minister Colm Imbert.
The investigation team was mandated to report on the conduct of the Auditor General in response to an understatement by the Ministry of Finance ("the MoF") of revenue of $2.6 billion in the public accounts for the financial year 2023.
The respondent contends that the Minister's decisions are tainted by bias and breach the constitutional protections for the Auditor General in sections 116 and 136 of the Constitution.
The case was heard by a five-person panel comprising Lord Hodge, Lord Sales, Lord Stephens, Lady Rose and Lady Simler.
In its written judgement posted on the JCPC's website and social media pages, the panel ruled that: "None of the arguments raised by the appellants cross the high threshold required for the Court of Appeal's grant of leave to be reversed.
"The appellants have failed to establish a knockout blow to either ground or to demonstrate that the Court of Appeal was plainly wrong to grant leave to apply for judicial review.
"On the contrary, the respondent's case on both grounds is arguable, with a realistic prospect of success.
"The Board has emphasised the low threshold for meeting the test of arguability and the need to demonstrate what is a clear knockout blow in resisting the grant of leave to apply for judicial review.
"The significance of this is that a public body seeking to resist the grant of leave for judicial review of its acts or decisions ought generally to be able to demonstrate a knockout blow in a summary way without the need for extensive investigation of and argument on the knockout point relied on.
"In a case such as this, where wider questions of the public interest may have some bearing on whether leave should be granted, it is unfortunate that the so-called knockout blow relied on by the Minister has not only led to extensive argument in the domestic courts, but also to this second appeal.
"It might have been thought preferable for this case to go forward to a full judicial review hearing so that the serious allegations of unlawful conduct made by the respondent could be fully investigated, considered and determined on their merits.
"To borrow from the words of Mendonça CJ (Ag) in the Law Association case, it might be thought that public confidence in the appellants would be strengthened if the allegations are found to be without merit; but if there is no investigation, the allegations do not simply disappear; on the contrary, they may simply grow louder in volume.
For all the reasons given above, the appeal is dismissed. The respondent's judicial review claim therefore proceeds on all grounds."
CLICK LINK FOR FULL JUDGEMENT
https://www.bailii.org/uk/cases/UKPC/2025/4.html
Sent from my SM-N986U1 using TriniTuner mobile app
When the case was called back on Nov 7th, ten minutes in the Lords was like nah... imbert on some royal sheet and wasting time. They gave the judgement on the spot![]()
Article above is the written judgement which came out today:
https://jcpc.uk/uploads/jcpc_2024_0057_ ... 6bc171.pdf
Dem UNC lawyers in freedom chambers real good boi... where wing?
The prime minister or president of South Korea try a stunt and declare martial law recently , the ministers convened to denounce it, and now he is being charged for the misuse of the powers and position .hover11 wrote:Remember imbert not losing any money from his pocket? He knew it was a lost cause from the very beginning but didn't want the mark to buss so soon. Funny enough the lords of the privy council questioned why isn't the finance minister under investigation for his suspicious behaviour and they don't even live here but they seeing something just isn't right. Wing? Well he in time out he needed some time to reflect on his transgressionsThe_Honourable wrote:hover11 wrote:IMBERT AND ROWLEY'S CABINET LOSE PRIVY COUNCIL APPEAL AGAINST JAIWANTIE'S JUDICIAL REVIEW
'It might have been thought preferable for this case to go forward to a full judicial review hearing so that Jaiwantie's serious allegations of unlawful conduct could be fully investigated, considered and determined on their merits' - Privy Council
LONDON, UK (January 28, 2025): THE Judicial Committee of the Privy Council (JCPC) today dismissed the appeal by the Minister of Finance and the Cabinet of Trinidad and Tobago against the Appeal Court's grant of permission for Auditor General Jaiwantie Ramdass to pursue a judicial review challenging the Minister's recommendation (accepted by the Cabinet) to appoint an investigation team whose members and terms of reference were determined by Finance Minister Colm Imbert.
The investigation team was mandated to report on the conduct of the Auditor General in response to an understatement by the Ministry of Finance ("the MoF") of revenue of $2.6 billion in the public accounts for the financial year 2023.
The respondent contends that the Minister's decisions are tainted by bias and breach the constitutional protections for the Auditor General in sections 116 and 136 of the Constitution.
The case was heard by a five-person panel comprising Lord Hodge, Lord Sales, Lord Stephens, Lady Rose and Lady Simler.
In its written judgement posted on the JCPC's website and social media pages, the panel ruled that: "None of the arguments raised by the appellants cross the high threshold required for the Court of Appeal's grant of leave to be reversed.
"The appellants have failed to establish a knockout blow to either ground or to demonstrate that the Court of Appeal was plainly wrong to grant leave to apply for judicial review.
"On the contrary, the respondent's case on both grounds is arguable, with a realistic prospect of success.
"The Board has emphasised the low threshold for meeting the test of arguability and the need to demonstrate what is a clear knockout blow in resisting the grant of leave to apply for judicial review.
"The significance of this is that a public body seeking to resist the grant of leave for judicial review of its acts or decisions ought generally to be able to demonstrate a knockout blow in a summary way without the need for extensive investigation of and argument on the knockout point relied on.
"In a case such as this, where wider questions of the public interest may have some bearing on whether leave should be granted, it is unfortunate that the so-called knockout blow relied on by the Minister has not only led to extensive argument in the domestic courts, but also to this second appeal.
"It might have been thought preferable for this case to go forward to a full judicial review hearing so that the serious allegations of unlawful conduct made by the respondent could be fully investigated, considered and determined on their merits.
"To borrow from the words of Mendonça CJ (Ag) in the Law Association case, it might be thought that public confidence in the appellants would be strengthened if the allegations are found to be without merit; but if there is no investigation, the allegations do not simply disappear; on the contrary, they may simply grow louder in volume.
For all the reasons given above, the appeal is dismissed. The respondent's judicial review claim therefore proceeds on all grounds."
CLICK LINK FOR FULL JUDGEMENT
https://www.bailii.org/uk/cases/UKPC/2025/4.html
Sent from my SM-N986U1 using TriniTuner mobile app
When the case was called back on Nov 7th, ten minutes in the Lords was like nah... imbert on some royal sheet and wasting time. They gave the judgement on the spot![]()
Article above is the written judgement which came out today:
https://jcpc.uk/uploads/jcpc_2024_0057_ ... 6bc171.pdf
Dem UNC lawyers in freedom chambers real good boi... where wing?
Sent from my SM-N986U1 using TriniTuner mobile app
sMASH: govt need to steamline it's workforce to ensure the people get value for moneysMASH wrote:No , son. I was saying u was one of them dumb pnm bloggers on social media .st7 wrote:sMASH wrote:Bring proof...st7 wrote:sMASH wrote:No, sonny boy.st7 wrote:sMASH wrote:And who in charge of managing the productivity of workers, son?
and govt office workers deserve a raise because of poor management?
lulz
They deserve a raise because of the agreed upon terms and conditions of employment and renumeration .
The govt can produce statistical data about the performance and effectiveness of the workers and streamline to suit.
Instead of punishing all workers by not paying what u agreed to pay, why not go through the ranks and files and cut the dead weight, And if needs be, hire more productive personnel?
Next time there is wage negotiations , don't agree to pay people what ur not willing to pay, cause they will eventually sue, and win, and the govt will have to pay with interest.
But is pnm ... Pnm are dummies.
i see nothing wrong with cutting the dead weight. but what are those terms and conditions of employment and remuneration? if the 'contract' is not being honoured when it comes to what you stating, then why arent any lawsuits coming against any govt yet?
state them terms so i can be corrected. otherwise dead weight govt offices surely being paid enough for the work they have been delivering for the last 30+ years.
you want me go find hover posts boasting he makes more money than us on here? i wonder if he search and edited them posts by now... lolol
The govt needs to take their productivity stats when they enter wage negotiations , then pay the salaries they agreed to pay when they signed the completed wage negotiations .
Pay people according to the deal that u sign. Determine thier worth BEFORE u sign.
If any worker is not performing for the position they have, go through the greivence procedure as guided in the labor act.
I hope allyuh does get paid to be dumb , and allyuh not dumb for real. I really can't fathom more Fitzgerald Hinds operating in public.
Ofc they do, do you know how expensive it is to take a matter before the privy council hope the auditor general give them a run for their money. Why worry though not like anyone going to riot over such16 cycles wrote:scamp indeed.
hope there is an FOI request for the cost to taxpayers for MoF carrying it to Privy Council.
In a judgement like this, does the MoF have to re-imburse the defendant for legal fees?
The_Honourable wrote:big ribbon cutting and ting... morvart/laventille get thru...
hover11 wrote:Honour oh gosh boi it would've killed them to just clean the surroundings before placing the sign. Anybody want to give a ballpark figure how much they think this masterpiece cost us the taxpayers?The_Honourable wrote:big ribbon cutting and ting... morvart/laventille get thru...
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The_Honourable wrote:big ribbon cutting and ting... morvart/laventille get thru...
shaneelal wrote:The_Honourable wrote:big ribbon cutting and ting... morvart/laventille get thru...
Shouldn't that be Arneaud Avenue.
paid_influencer wrote:
no wonder rowley want to get rid of the privy council. even the suggestion of accountability for the minister's conduct having them in a panic
King imbert ? Who can do as he pleases, who going to investigate him, wait for the auditor general report to be revealed , 3.5 billion simply vanished and imbert rubbished the claims simply sending it to court to muzzle her, well look how the tables have turned now.paid_influencer wrote:
no wonder rowley want to get rid of the privy council. even the suggestion of accountability for the minister's conduct having them in a panic
hover11 wrote:So Town say they want to replace Imbert as MP. About time he needs go
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And is dat....hover11 wrote:So the clowns like the defence force , ttps, prison and teachers who accepted 4 percent, how allya feeling now?
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