Unreasonable delay in appointing T&T Integrity Commission: Court

A High Court Judge in Port of Spain ruled on Tuesday that Trinidad and Tobago President George Maxwell Richards was guilty of unreasonable delay in appointing the new Integrity Commission.

Justice Ronnie Boodoosingh made the landmark in a constitutional motion filed by the Chairman of the Indo Trinbago Equality Council, Devant Maharaj.

The tenure of the last Integrity Commission expired in 2009 and a new Commission was not appointed until March 15, 2010.

The Court indicated that while the President had immunity, this was limited to situations where he was acting lawfully.

The Judge said “In a constitutional democracy the court as the ultimate guardian of the constitution must be allowed to review unlawful executive action even when such action may reside with the Head of State.”

He added that Maharaj had several pending complaints before the Commission concerning discrimination and political corruption and acknowledged the legitimacy of these complaints.

The Court said the Commission is an important institution in developing and promoting good administration and governance, protecting the resources of the State and ensuring its fair distribution. It added that a properly functioning Integrity Commission promotes accountability.

The Judge said it may also have been legitimate to take more time to come up with prospective names but ruled that a year is unreasonable.

“I therefore find that not withstanding the significant difficulties faced by the President there was unreasonable delay in making the appointment to the Integrity Commission," he ruled.

The Court said since a fair investigation into complaints filed by Maharaj is still Maharaj’s right to protection of the law was not infringed.