In a renewed bid to secure the over US$2 million owed to it by government for road construction works, Trinidad engineering and construction company Dipcon, is challenging the presidential respite granted to Finance Minister Winston Jordan, who was liable to be held in criminal contempt for non-payment.
With its latest suit, which lists Attorney General Basil Williams and President David Granger as the respondents, the engineering company is seeking an order of certiorari quashing the Head of State’s decision to grant Jordan a respite from 21 days imprisonment.
Through its attorney, Timothy Jonas, Dipcon (the applicant), is arguing that the president’s decision is flawed and amounts to a nullity, while adding that it was, among other things, improper, unreasonable, arbitrary and in excess of jurisdiction.
In its notice of claim, the applicant is arguing that no reasonable or respectable argument has been or can be advanced in support of the decision.
Dipcon says that the basis of its claim is the excess of jurisdiction and unreasonable exercise of discretion by the president.
In addition to the quashing order being sought, the applicant wants any further order that the court deems just to grant as well as court costs against the respondents.
Dipcon was awarded judgment to the tune of US$2,228,400 since 2015. Despite a number of orders directing government to honour its financial obligation, including one in late June for Jordan to pay over the owed amount no later than July 8th or face 21 days in jail, Dipcon has not received any money.
On June 25th, Justice Priya Sewnarine-Beharry had found Jordan to be in contempt in his personal capacity for not honouring the judgment of Justice Rishi Persaud, made four years ago, that Dipcon be paid the money owed by government.
Against this background, she ordered that Jordan be imprisoned for 21 days if no payment was made by July 8th, having found that he had both the actus reus and mens rea for contempt of the court orders, which she said could be proven beyond reasonable doubt.
Jordan had applied for a stay of Justice Sewnarine-Beharry’s ruling, but this was denied in the Full Court by Justices Diana Insanally and Simone Morris-Ramlall, who declared that his application had no merit.
While the Finance Minister was liable to be held in criminal contempt for non-payment, President Granger on July 8th, invoking his power under Article 188(1) (b) of the Constitution, granted Jordan, both in his personal capacity and in his capacity as minister, “respite of the execution of the punishment until all appeals and remedies available to him and the state have been exhausted.”
Article 188 (1) (b) of the constitution says that the president may “grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence.” (Femi Harris-Smith)
