Former Central Bank governor Jwala Rambarran has been given the green light to pursue his lawsuit challenging Cabinet’s decision to refuse to reveal its reasons for dismissing him last December.
Delivering an oral decision in the Port-of-Spain High Court yesterday, High Court judge Nadia Kangaloo ruled that Rambarran’s attorney had “a real prospect of success” in his case over Cabinet’s refusal to accede to his requests under the Freedom of Information Act for information related to the revocation of his appointment.
Rambarran was appointed to the post on July 17, 2012 and was told of his dismissal in a letter from Senate President Christine Kangaloo, who was acting President on December 23, 2015. Justice Kangaloo is the Senate president’s sister-in-law.
Justice Kangaloo disclosed this fact at the start of the case but attorneys for the State and Rambarran did not oppose her continuing to preside over the case.
While Rambarran received no reasons for the decision, Finance Minister Colm Imbert told the Senate in March that it was due to misconduct and failure to perform his duties.
Speaking during a debate of a private motion challenging the decision, brought by the Opposition, Imbert said that Rambarran had breached the Central Bank Act by disclosing the largest users of foreign exchange, almost two weeks prior to his dismissal.
In his lawsuit, Rambarran is contending that he had written to Cabinet asking for the grounds and evidence used by it in coming to the decision but his requests were refused without giving a valid explanation as to how the information requested fell within those exempted under the legislation.
He said that the information was necessary for him to consider his future legal options.
“There is no issue of any damage which can result from disclosure of the reasons for the revocation of the appointment of the Governor of the Central Bank.
“Indeed, the public will benefit from such a disclosure as transparency and fairness require it,” Rambarran’s lawyers said.
Rambarran is seeking a declaration that Cabinet acted unreasonably and irrationally and an order reversing the decision.
Rambarran has been given until September 29 to file his judicial review claim. The case has been adjourned to November 21.
Rambarran’s legal team includes Anand Ramlogan, SC, Gerald Ramdeen, Jayanti Lutchmedial and Alvin Pariagsingh, while Sanjeev Lalla, Tamara Toolsie and Brent James appeared for the State.