2 weeks ago
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A legal debate surrounding the independence of the Office of the Ombudsman has prompted clarification from Attorney General Anthony Sylvestre, following comments made by former Ombudsman Gilbert Swaso regarding what he described as a conflict within the current system. Swaso recently highlighted what he considers a legal deadlock that can arise when the Ombudsman becomes involved in litigation against the Government. According to the former Ombudsman, the office is generally dependent on government funding to secure legal representation, yet in cases where the Attorney General’s Ministry is challenging a decision of the Ombudsman in court, the Ombudsman cannot realistically turn to the Attorney General for legal defense. While reflecting on his own tenure, Swaso explained that he had sought to secure independent legal representation for the Ombudsman’s Office, arguing that the arrangement creates an unusual situation where the office tasked with providing oversight of government actions may find itself without legal counsel when challenged by the State.
However, Attorney General Anthony Sylvestre has clarified that the responsibility for appointing legal representation for the Ombudsman does not rest with his office. Speaking on the matter, Sylvestre explained that such an appointment would have to come through the National Assembly.
Anthony Sylvester, Attorney General: “The office of the Ombudsman is independent of government. So it makes requests for whatever expenditure whether it be for additional staff and whatever needs. So a request for an independent counsel that would be made through the clerk’s office because the Ombudsman is the parliamentary officer. So what should happen is that that request should be made through the clerk of the National Assembly’s office and in turn that would be transmitted to the Financial Secretary but as I had explained I see no difficulty, no reason, no issue why the office should not have independent counsel. The matter does come up in court and so at that point in time I do believe that issue should be addressed.”
Reporter: You don’t know the dates like when next ?
Anthony Sylvester, Attorney General: “I think it’s next week if I’m not mistaken.”
The issue has resurfaced amid an ongoing legal dispute involving Jeremy Enriquez. Enriquez’s legal team, based in Trinidad and Tobago, has filed a Certificate of Urgency, arguing that he has been excluded from key case management hearings concerning his applications before the court. The attorneys contend that administrative actions taken by the High Court Registry have been unfair and arbitrary. The matter forms part of a wider legal battle involving a multi-million-dollar claim for legal fees. That appeal is currently scheduled to be heard before the courts on June 18.
English (US) ·