By FRANCIS JOSEPH
Fired Governor of the Central Bank, Jwala Rambarran, is heading to the Judicial Committee of the Privy Council for more damages.
His appeal has been listed for April 29, 2027.
So what is the issue?
Two questions arise:
(1) Did the Court of Appeal err in setting aside the judge’s award of vindicatory damages, and failing to increase that award?
(2) Did the Court of Appeal err in reducing the judge’s award of compensatory damages?
THE FACTS
On the 4th of December 2015, while Rambarran was Governor of the Central Bank of Trinidad and Tobago, he publicly named top users of the foreign exchange market in Trinidad and Tobago and the amounts they had used.
He was subsequently accused of having acted improperly, in particular breaching Section 56 of the Central Bank Act 1964 and section 8 of the Financial Institutions Act 2008. On the 24th of December 2015, Rambarran was dismissed as Governor by the then Acting President of Trinidad and Tobago, Christine Kangaloo, under the 1964 Act.
The Acting President acted on the advice of the Cabinet of Trinidad and Tobago. Under the 1964 Act, the President can terminate the Governor’s appointment where the Governor is guilty of misconduct in relation to his duties or fails to carry out any of the duties or functions conferred or imposed upon him under that Act.
Rambarran brought a claim under the Constitution of Trinidad and Tobago against the Attorney General. He alleged that the Cabinet had breached his right to the protection of the law (section 4(b) of the Constitution) and his right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations (section 5(2)(e)).
Rambarran was successful before Justice Devindra Rampersad and the Court of Appeal, comprising Justices Nolan Bereaux, Mark Mohammed, and Peter Rajkumar. He appealed to the Privy Council on questions relating to compensatory and vindicatory damages.
Compensatory damages are awarded to compensate for losses suffered due to the defendant’s wrongful conduct. Vindicatory damages are an additional award which may be granted to reflect the sense of public outrage, emphasize the importance of a constitutional right and gravity of the breach, and deter future breaches.
THE CASE
On the 7th January 2019, Rambarran brought a constitutional motion against the Attorney General alleging that the Cabinet had breached his right to protection of the law set out in section 4(b) of the Constitution of the Republic of Trinidad and Tobago because the Cabinet failed to afford to him a fair hearing guaranteed by section 5(2)(e) of the Constitution and by the rules of natural justice, before advising the acting President to revoke his appointment.
He claimed that the acting President’s termination of his appointment was illegal, null, void and of no effect. Rambarran sought specific declarations in relation to the termination and an order that he was entitled to an award of compensation including vindicatory damages, to be assessed by a Master of the Court.
Governor by the then Acting President of Trinidad and Tobago,
Christine Kangaloo
On the 22nd of June 2022, Justice Rampersad gave judgment for Rambarran. He granted the declarations sought and ordered compensatory damages representing Rambarran’s remaining salary and benefits due to him from the 24th of December 2015 to the 16th of July 2017 less deductions, including for income tax and other statutory deductions. He also ordered vindicatory damages in the sum of $175,000.
On the 25th of October 2022, the judge quantified the compensation payable to Rambarran in the sum of $7,545,217.57 from which the taxes were deducted in the sum of $1,931,162.29 leaving a balance payable in the sum of $ 5,470,055.28. The Attorney General appealed against the entire judgment.
Rambarran cross-appealed and filed his own appeal contending that the award of compensation (including vindicatory damages) was too low.
