00:00The state's appeal being dismissed in part comes from a 2022 High Court judgement awarding
00:06the sum of $7.5 million to former Central Bank Governor Jawaharlal Nehru, inclusive
00:11of tax and $175,000 in vindicatory damages.
00:16In a 149-page judgement handed down by the Court of Appeal on February 11th, under Justices
00:23of Appeal Nolan Barrow, Mark Mohammed and Peter Rajkumar, the decision taken by the
00:28High Court that Ramboran was wrongfully dismissed and is entitled to compensation was upheld.
00:34But the appeal court has set aside the vindicatory damages in favour of the state.
00:39However, a compensatory award has been increased for aggravated damages for mental distress,
00:45suffering and inconvenience in the sum of $100,000.
00:49The net sum set out in the 2022 High Court judgement to be paid to Ramboran was $5.47
00:56million, as pay-as-you-earn tax was deducted to the tune of $1.93 million.
01:02The Court of Appeal said that this deduction, which it called significant, was a possible
01:06inference that Ramboran is not liable to again pay tax on the sum awarded to him.
01:12The appeal court has also deducted 50% of close to a $2 million bonus compensation ordered
01:18to be paid by the High Court trial judge Devendra Rampersad, instead awarding that
01:23$982,000 be paid to Ramboran in that regard.
01:29The deductions from the initial trial sums awarded amounts to just over $1 million.
01:35The appeal court affirmed the High Court's judgement that Ramboran's termination was
01:39quote, in breach of the Constitution and the claimant's rights thereunder, and is accordingly
01:44illegal, null and void, and of no effect, end quote.
01:49However, most of Ramboran's counter-appeal claims for additional damages were dismissed.
01:54Senior counsel Russell Martino, who was one of the attorneys representing the state, asked
01:58the court to grant a stay of the judgement for a period of 21 days to allow them to read
02:04through the extensive judgement and determine the way forward, whether by way of filing
02:08an appeal to the Privy Council or not.
02:10However, Ramboran's lead attorney, senior counsel Anand Ramlogan, argued that the time
02:15was too lengthy, and instead asked for a 14-day stay.
02:19He also said that if the matter is to go to the Privy Council, it should be done expeditiously.
02:25Ramlogan said that his client's case has been ongoing since 2019, and he added that Ramboran
02:31had been financially ruined.
02:33In the end, Justice Barrow agreed to the 14-day stay, saying that it could be later extended
02:38once there is agreement from the parties.
02:41Alicia Boucher, TV6 News.
02:45For more information, visit www.fema.gov
Comments