Senior Reporter
jensen.lavende@guardian.co.tt
High Court Judge Frank Seepersad says there is no way to confirm if the court was lied to and must now maintain that there is no single policy pertaining to the Trinidad and Tobago Electricity Commission (T&TEC) running high-tension wires over private property.
The matter became contentious after T&TEC’s legal team sought to correct what it deemed were misrepresentations made by its former external counsel.
The matter was raised in a lawsuit by Dr Fayard Mohammed against the State company in its failure to respond to his Freedom of Information request.
On the last occasion, Seepersad was informed that T&TEC had a policy governing the running of high-tension wires over private property; however, it was previously stated that no such policy existed.
The change in information came as the state agency switched attorneys. It was while being represented by Keith Scotland SC, Asha Watkins-Montserin, and Keisha Kydd-Hannibal that Seepersad was informed that no policy existed. The attorneys were changed to Senior Counsel Anand Ramlogan, Ganesh Saroop and Candice Ramkhelawan when Seepersad was informed that there was a policy in place.
When the matter came up yesterday, Seepersad said, “This court deprecates dishonesty and views any deliberate withholding of material facts as a frontal attack which is designed to undermine the administration of justice. It is evident that incorrect or conflicting information was advanced relative to the existence of a policy with respect to high-tension wires over private property. The question as to whether this was by deliberate design, misrepresentation by counsel, genuine confusion or inadvertence cannot be determined at this stage.”
He added that T&TEC should resolve the matter in a thorough and comprehensive investigation to ascertain what transpired to ensure that proper systems and checks are implemented to ensure this never happens again.
“The Defendant, as a public authority, has an obligation to be frank and forthright with the court, and the situation which unfolded in this case not only incites the ire of the court but also negatively impacts upon public trust and confidence in the affairs and bona fides of public authorities. It must be understood that accountability and transparency cannot be compromised, and when a court has to determine issues involving the state, it will unapologetically uphold the constitution and the law so as to safeguard the welfare of citizens.”
During the matter, Scotland, who is the MP for Port-of-Spain South, said the suggestion that he may have wilfully or inadvertently misled the court matter brought him great distress.
“I am aggrieved. My reputation has been damaged by this matter, and I am aggrieved. All the tabloids reported that I had questions to answer with photographs of me to go along with it,” he said.
