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THE Public Services Association (PSA) is making a case for the judge hearing the Trinidad and Tobago Revenue Authority (TTRA) constitutional challenge to step down.
Justice Betsy Ann Lambert-Peterson is presiding over the substantive constitutional claim, and the PSA has raised the issue of apparent bias because of the judge’s familial relationship.
The union is alleging apparent bias because she is the wife of Senior Counsel Gilbert Peterson, SC.
Attorney Vishaal Siewsaran wrote to the judge’s judicial support officer with the union’s complaints. He said Peterson, chairman of the Telecommunications Authority (TATT) and the Legal Aid and Advisory Authority, was the personal lawyer, a close friend and golfing partner of the prime minister.
He also accused Peterson of remaining silent on certain statements made by Dr Rowley.
“The statements made by the Honourable Prime Minister that were widely covered by the media that did not seem to concern Mr Peterson, SC, in his capacity as chairman of TATT,” the letter said.
The letter quoted 14 statements from the Prime Minister, which the PSA said were seen as “scandalous, vulgar, obscene, and degrading” to the Opposition Leader and women in general.
“The fact that Mr Peterson, SC, turned a blind eye to these disgusting statements but was quick to warn and censor radio and television stations that carried statements which were critical of the government has fueled the perception that Mr Peterson’s political bias has led to blatant political discrimination with a policy of ‘different strokes for different folks.’
“This one-sided approach of the TATT under his chairmanship underscores the extent of his political bias in favour of the ruling party.”
It also mentioned Peterson’s support for the Attorney General in a motion of no confidence by the Law Association last year; his alleged purchase of a townhouse in a private development in Tobago, owned by someone said to be a close supporter and friend of Dr Rowley; and his directorship in a company that received a bunkering licence from the Energy Ministry.
Siewsaran appears with a team of attorneys led by former attorney general Anand Ramlogan, SC, for customs officer Terissa Dhoray, who is challenging the constitutionality of the TTRA Act.
They wrote to the judge with the union’s complaint. The letter said Dhoray’s claim had the support of the PSA and its president, Leroy Baptiste, who has given sworn affidavit evidence.
Siewsaran said Dhoray had grave concerns about the appropriateness of the court's dealing with her claim, as it involved a challenge to a politically sensitive government policy which was important to the Government.
“It is clear from (Finance) Minister Imbert’s affidavit that the government wishes to raise revenue by collecting more taxes from the public and it is banking on the TTRA to do this.”
Siewsaran said his client reserved the right to make a formal application for the court to recuse itself on apparent bias, if necessary.
Last week, Lambert-Peterson ruled against an application for an injunction to halt the operationalisation of the TTRA. An appeal of this refusal will be heard on July 4.
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