AG appeals ruling against President’s ‘respite’ order

THE Attorney General and Minister of Legal Affairs Basil Williams has moved to the Appeal Court and filed an application appealing the ruling by High Court Judge Nareshwar Harnanan on a critical decision of President David Granger.

On March 11, 2020, Justice Harnanan had ruled in favour of Trinidad engineering and construction company Dipcon, and quashed President David Granger’s decision to grant Jordan a respite from 21 days’ imprisonment.

To avoid imprisonment, Minister of Finance Winston Jordan has finally paid Trinidad engineering and construction company Dipcon, US$2,228,400.67, which it was rightfully awarded since 2015.

High Court Judge Nareshwar Harnanan, on Wednesday, March 11, 2020, had ruled in favour of Dipcon and quashed President David Granger’s decision to grant Jordan a respite from 21 days’ imprisonment.,

Dipcon, the claimant, which listed Attorney General Basil Williams as the respondent, was granted an order of certiorari. The company was represented by attorney-at-law Timothy Jonas.

The company had moved to the High Court to secure the over US$2.2 million owed it by government for road- construction works, thus challenging the presidential respite granted to Finance Minister Winston Jordan, who was liable to be held in criminal contempt for non-payment.

The Trinidad engineering and construction company wants any further order that the court deems just to grant, as well as court costs against the respondents.

Justice Sewnarine-Beharry made the order on June 24, 2019, in the High Court, which stemmed from a contempt motion filed on behalf of the company by Attorney-at-law Timothy Jonas in May 2019.

The award to the company was first handed down by Justice of Appeal Rishi Persaud, on October 21, 2015, and, while the government had challenged the award, Jonas moved to the court with contempt proceedings against Jordan.

The AG, unsatisfied with the decision, moved to the Appeal Court claiming that the judge erred in law.