Justice Priya Sewnarine-Beharry will at 9 am on Thursday commence hearing the application made by Dipcon for Finance Minister Winston Jordan to be jailed for his failure to pay the US$2,228,400 awarded to the company in 2015.
Lawyers for the Trinidad construction company have asked the court to grant an administrative order compelling the minister to pay.
Justice Rishi Persaud handed down the judgment in the company’s favour on 21st October, 2015.
Stabroek News reached out to Jordan on Saturday for a comment on the way forward but he indicated that this information will come from the Attorney General’s chambers. “A comment will be forthcoming from AG Chambers,” was all he would say.
According to the grounds listed in Dipcon’s application to the court, by letter dated 28th December, 2015, the Registrar of the Supreme Court transmitted the order made by Justice Persaud to the minister who “thereupon became obligated…to direct, by warrant under his hand, that the amount awarded thereby to be paid.”
It was stated that the minister, in breach of his statutory obligation, “deliberately and contumaciously refused and failed to comply with his obligation” under the State Liability and Proceedings Act and has subverted the said order of court [to] pay the said judgment or any part thereof to Dipcon, the applicant.
By way of action instituted on 8th December, 2017, Dipcon applied to the Court and on 1st March, 2018, obtained an Order of Mandamus issued by the Chief Justice (CJ) directing the respondent to perform his obligation and direct the payment of the judgment to the applicant.
Despite being served with that order, payment was not forthcoming.
According to Dipcon, the minister “has deliberately and contumaciously refused and failed to comply with his obligation and with the said Order, and the judgment of 21st October, 2015…”
It was further stated that upon the failure by the respondent to comply with the Order of Mandamus, the applicant applied to the Court and on 12th November, 2018, was granted an Order by the CJ directed to the respondent to obey the Order of Mandamus on or before 15th January, 2019. The money still was not paid.
The court was asked for the awarded sum together with interest calculated at the rate of 6 per cent per annum from 10th February, 2009 to 21st October, 2015, and thereafter at the rate of 4 per cent per annum until fully paid, along with costs in the sum of $1.2 million.
