Senior Reporter
jensen.lavende@guardian.co.tt
One day after a High Court judge ordered the State to release information previously denied under a Freedom of Information request, another ruling has again compelled a state entity to provide documents that serve the public interest.
Yesterday, Justice Frank Seepersad ruled that the T&T Electricity Commission (T&TEC) breached its statutory duties by failing to respond in a timely manner to a request from a doctor.
The decision follows Tuesday’s ruling by High Court Judge Joan Charles, who gave the Office of the Prime Minister (OPM) seven days to disclose the names of attorneys and fees paid for services during the Commission of Enquiry (CoE) into the Paria diving tragedy. That order was made in favour of political activist Marsha Walker, who had been denied the information under the Freedom of Information Act (FOIA).
In his judgment, Justice Seepersad ordered T&TEC to provide the information requested by Dr Fayard Mohammed within 14 days. The request relates to the installation of high-tension power lines over private property.
Seepersad found that T&TEC’s response was “unreasonable and irrational”, in violation of Sections 13, 15, and 23 of the FOIA.
Mohammed initially submitted his request on September 26 last year, seeking T&TEC’s policies and procedures on installing high-tension wires. In response, the commission labelled the request a “fishing expedition”, claiming it was linked to another matter involving Mohammed and that providing the information would be sub judice.
The judge disagreed, noting that the FOIA grants a clear right of access to information and cannot be used to justify non-compliance.
“The entire scheme of the FOIA is oriented towards ensuring that aggrieved persons are able to gain access to documents and information held by public bodies, and reliance on that statutory scheme to achieve its fundamental goal cannot properly be described as a parallel tactic or oppressive litigation,” he wrote.
Seepersad further noted that T&TEC’s response, submitted seven weeks after the request, failed to provide any lawful justification for withholding the information. He said Mohammed had a “legitimate expectation” that his request would be granted and emphasised that any refusal should be reasoned, lawful, and procedurally fair.
“The breach of statutory obligations violates public trust, erodes accountability and transparency, and ultimately undermines the entire legislative scheme of the FOIA,” the judge added.
Mohammed was represented by attorneys Farai Hove Masaisai and Chelsea Edwards, while T&TEC was represented by Senior Counsel Keith Scotland, along with Asha Watkins-Montserin and Keisha Kydd Hannibal.
