Appeal Court rules against PM Manning in cases involving two civil servants

The Court of Appeal on Wednesday delivered two judgments in favour of two senior public servants that amount to a slap in the face for Prime Minister Patrick Manning who had vetoed their appointments to high-ranking positions in the Public Service.

In one case Manning had determined that Feroza Ramjohn, an accountant in the Ministry of Foreign Affairs, was a national security risk and rescinded her transfer to the Trinidad and Tobago High Commission in London.

A judge ruled in favour of the government but on Wednesday the Appeal Court dismissed the State’s appeal, granting a declaration to Ramjohn that she was treated unfairly, by the failure of the Prime Minister to inform her of the case against her, and to give her an opportunity to make representations.

Ramjohn has worked in the public service for 38 years and was the officer in charge of the registry in the Consulate in New York, and as accounts officer in the permanent mission to the United Nations, also in New York.

In 2001 Ramjohn was accused in an intelligence report of being a part of a conspiracy to steal 200 blank Trinidad and Tobago passports. The documents were in two diplomatic pouches sent to the New York office from Port of Spain on a BWIA flight.

Ramjohn denied the allegations and no action was taken against her or anyone in connection with the incident. However another accountant, Bissoon Boodhai, was charged with others for conspiracy to traffic cocaine in diplomatic pouches.

She was transferred from New York and reassigned to London but the prime minister stepped in and blocked that claiming that Ramjohn was a national security risk and the government sent a junior officer to London.

The other case involved Ganga Persad Kissoon, a public servant with 36 years service, who was bypassed for promotion although he was the number one choice to become Commissioner of State Lands.

Manning wrote to the Public Service Commission (PSC) on Nov. 10, 2004 rejecting its recommendation to promote Kissoon and proposed another name, which the PSC accepted.

Kissoon filed for judicial review asking the court to declare that Manning unfairly and illegally used his constitutional veto. The Appeal Court agreed.

This is not the first time the prime minister has intervened only to be rebuffed later. Among the two most prominent cases that he lost were his attempt to arbitrarily transfer the CEO of the San Fernando City Corporation, Marlene Coudray, to Point Fortin, and the refusal to grant a radio station license to the Maha Sabha.

Last year Manning vetoed the appointment of Stephen Williams, the number one choice for Commissioner of Police, stating that the recuritment process was flawed. The government later announced that it would make changes to the way the police commissioner is hired. (Read related storied)

Read the story: Williams silent on meetings with PM

He also blocked the appointment of the Acting Director of Public Prosecutions.

Read the story: Manning uses veto to block appointment of DPP