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  • 10 months ago
The official written ruling of the Privy Council in the matter of the Finance Minister vs the Auditor General, was released on Tuesday.

This stems from an allegation of the understatement of over 2.5 million dollars in the country's 2023 fiscal records.

On Wednesday Senior Counsel Avory Sinanan sought to explain what exactly the ruling meant.

Tv6's Nicole M Romany files this report.
Transcript
00:00The matter was heard last November, dismissing the State's case and opening the way for the Auditor General to file her lawsuit.
00:09Today, Senior Counsel Avery Synanon tells TV6 the decision of the Privy Council does not determine who's right or wrong.
00:19He explains that it was just procedural and the substantive matter still must be determined.
00:27However, he notes as important that the ruling highlights the fact that the rules of natural justice are not limited to adjudicative proceedings.
00:37He tells the Morning Edition it highlights the treatment meted out to him.
00:42The allegation of bias. That is one of the basis or the main basis of her claim.
00:49And what she's saying is, look, I have a dispute with you. You have chastised me publicly and privately.
00:57But yet you, you, the minister of finance, are appointing a committee to investigate me.
01:03You are appointing them there to report to you. You are paying them. You settle the terms of reference.
01:09So therefore, it leads to the inference you're really being a judge in your own cause.
01:14The senior counsel notes that the Privy Council had no issue with the ministry commissioning an internal probe.
01:21But a line was crossed when the investigation sought to besmirch the reputation of the auditor general.
01:29That is what she's saying. Well, listen, look, you can't do that.
01:32If you have evidence against me, then invoke Section 136.
01:38Yes. And I will deal with it there. But you can't have a private, a private tete-a-tete in the ministry of finance
01:46and impugn my character and impugn my reputation as auditor general, my professional reputation and treat it as a fait accompli.
01:56The attorney tells TV6 Trinidad and Tobago has not fully accepted the Westminster system of which the Privy Council is a part.
02:06As such, he says, he will not be surprised if the ruling is ignored.
02:11Maybe the government might take, might take the position, an escape valve from them to get away from the Privy Council,
02:17the strictures of the Privy Council's decision is to say that that too is one sided in the sense that they have not been heard substantively yet.
02:25The matter has not been adjudicated upon yet.
02:28So that any view, any view expressed by the Privy Council has to be a prima facie view on the facts and matters put forward by Miss Ramdas only.
02:39Yeah. But but a lot, a lot of the facts and matters put forward by her are indisputable.
02:46He believes this could all have been avoided through proper negotiation,
02:52a proper representation having been made to the auditor general,
02:56admitting that a mistake was made and then asking that her office rectify it in the interest of the nation.
03:03However, he believes the matter should be transparently addressed and the chips fall where they may.
03:10Good governance would be enhanced by having this matter properly ventilated and the allegations dealt with once and for all.
03:19Either Miss Ramdas is right or she's wrong.
03:22And if she's wrong, it enhances and fortifies the administration in their trust to provide a certain measure of good governance to the country.
03:32But if she's right, it is damning, as I see, and really impacts negatively and adversely on the on the minister of finance and the Ministry of Finance.
03:44Nicole M Romani, TV6 News.
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