Introduction to the Case
A judicial review claim brought by former Central Bank governor Alvin Hilaire against the Cabinet and the Attorney General, moved a step closer to trial on January 9, when the matter came before Justice Devindra Rampersad for directions. Hilaire is represented by Stuart Young, SC, along with Anthony Bullock and Imran Ali, while the Cabinet and the Attorney General are represented by Anand Ramlogan, SC, and Radha Sookdeo.
The Hearing and Liability
The question of liability took centre stage at the virtual hearing, with Young suggesting the case appeared to be shaping into one focused mainly on damages. Young said affidavits have already been filed and the only outstanding procedural issues were a formal extension of time for the respondents and the filing of replies. He said the claimant had received the state’s affidavits on January 6 and had no objection to the extension being granted. Young told the judge that, having reviewed the affidavits, the issues appeared to be “significantly narrowed,” with very little remaining on the question of liability.
The State’s Position
Young queried whether Ramlogan was prepared to concede liability, which, he said, would leave the matter to be determined largely on damages. However, Ramlogan declined to take a position, telling the court he preferred to wait until the claimant’s reply affidavits were filed, before considering the evidence and determining the state’s position. He said it would be premature and pre-emptive to comment on liability at this stage. Ramlogan also cautioned against treating the matter as urgent, noting this was not the first time a Central Bank governor had initiated court proceedings.
The Court’s Decision
Justice Rampersad acknowledged the pressure on the court’s schedule, describing his calendar as “ugly,” with no open trial dates until next year. He proposed that the court first allow the affidavit process to be completed, then address any applications for cross-examination before determining how the matter should proceed. The court extended the time for the filing and service of the state’s affidavits in response, with Hilaire’s team to file any reply affidavits by January 30. By February 23, the parties are to indicate whether there will be any applications for cross-examination and are to confer on whether such applications are agreed and, if not, provide a proposed timetable for submissions by March 19.
The Claim
Hilaire is challenging his dismissal as governor in June as being unlawful and politically-motivated and is seeking declaratory relief, reinstatement, and $9.8 million in damages for loss of income, emotional distress, and breaches of his constitutional rights. Hilaire, who was reappointed governor in December 2023 and was expected to serve until December 2026, claims the Cabinet’s advice to President Christine Kangaloo to revoke his appointment breached the Constitution and the Central Bank Act. Central to his claim is a June 24, meeting with Planning Minister Dr Kennedy Swaratsingh, where Hilaire alleges he was pressured to resign in exchange for payment of the remainder of his contract.
Conclusion
The case of Alvin Hilaire, the former Central Bank governor, is a complex one, with many issues at play. The court’s decision to allow the affidavit process to be completed and to address any applications for cross-examination before determining how the matter should proceed is a step in the right direction. As the case moves forward, it will be interesting to see how the court ultimately rules on the issue of liability and whether Hilaire will be successful in his claim for damages. The matter will return for case management on April 15, and it is likely that the outcome of this case will have significant implications for the governance of the Central Bank and the rights of its governors.
