Director of the State Assets Recovery Agency (SARA) Professor Clive Thomas has written to the Chief Justice asking that an application which challenges the legitimacy of the agency be urgently disposed of.
“Given the presumption of constitutionality, SARA has continued its work unabated save that no matters filed by the Agency can be addressed substantively before the Court rules in respect of the application by Mr. [Ramon] Gaskin…” Thomas said in a letter dated May 24, 2019 and addressed to Justice Roxane George SC.
Through his attorney, Devindra Kissoon, Gaskin is asking the court to grant dozens of orders and declarations, many of which relate to the State Assets Recovery Act in its entirety as well as specific sections. The main thrust of his arguments is that the Act contains illegal provisions, some of which clash with constitutional provisions and as a result, it should not be implemented. He made mention of the authority given to the National Assembly to appoint the SARA Director and Deputy Director, saying it usurps the authority of the Public Service Commission, as well as the unlawfulness of the powers given to the Director of SARA.
