AG wins first round in legal battle with London and the THA

A High Court judge on Tuesday granted Attorney General Anand Ramlogan leave to proceed with his claim for judicial review against Tobago House of Assembly (THA) Chief Secretary Orville London and the THA in the controversial Milshirv deal. 

Last week Ramlogan filed proceedings in the High Court seeking to challenge the THA’s power and authority to enter into deals such as the controversial Milshirv contract. 

His legal action is seeking an order to quash London’s decision to enter into the controversial transaction, which has drawn criticism from many sections and groups in the society. 

He is also seeking a declaration that London acted illegally and without lawful authority in consequence of which the transaction could be declared null and void.

The matter was first raised in the Parliament by Prime Minister Kamla Persad-Bissessar, who condemned the secretive nature of the arrangement and called for full and frank public disclosure of the terms and conditions governing same. 

The Minister of Finance was not notified of the transaction and no prior approval was sought from the Government.

In his affidavit evidence, the AG highlighted several irregularities including the relatively exorbitant rent that the THA has to pay for the property which it had purchased and immediately leased back to the Rahael owned company. 

Minister of Finance, Larry Howaii, had written to London to request copies of the relevant documents. However, London delayed in doing that and he referred the matter to the AG for legal advice. That led to the AG filing a claim.

Justice James Aboud adjourned the matter and set February 15 as the date for a case management hearing.

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Guest commentary: Would the THA explain please?