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  • 10 months ago
The State has for the most part, lost its appeal against the High Court's ruling in favour of Former Central Bank Governor Jwala Rambarran.


The matter which was decided at the Court of Appeal could see millions of dollars paid to Rambarran, who in 2019, took the Attorney General to court for wrongful dismissal.
A two-week stay on the judgement has been granted.


Alicia Boucher has the details.
Transcript
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
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