Half of the historic $1.1million awarded to the State in 1997 for payment by then Opposition Leader Patrick Manning—now Prime Minister—has been paid, according to figures from Attorney General John Jeremie yesterday. And the PNM Government will be adopting policy and may consider proposals by former UNC attorney general Ramesh Maharaj to waive costs awarded to the State in certain issues, Jeremie said. However, Jeremie said the matter was not pressing and he could not give a timeframe for such policy finalisation.

The $1.1m costs awarded to the state in April 1997, stemmed from court action when Manning—then Opposition leader—sought the court’s intervention for an interpretation of the Crossing of the Floor Act. This followed a decision by former PNM MPs Rupert Griffith and Vincent Lasse to join the UNC Government. Jeremie, in the Senate yesterday, said the original costs awarded to the state totalled $1,153,811 with a statutory interest rate of six per cent from April 1997. Jeremie added, “A sum of $555,000 was paid on account of the award on December 27, 2002. “In 1997 there was no other matter in which a sum of money even remotely similar to this has been either awarded to or collected by the state as costs. No equivalent sum has ever been received by the state as costs in any action ever.”

Jeremie said the average quantum of costs awarded to the state in any one matter which has gone to trial is normally in the vicinity of $12,000 to $15,000. “Very often it is presumed that the costs of recovery may outweigh the costs awarded,” Jeremie said, adding that matters such as the $1.1m costs awarded in Manning’s action, were extremely rare and considered an aberration, Jeremie said, “At present the State has no official policy position with respect to the recovery of costs owed to it. Further, the state does not have a stated official position to treat with the varying circumstances in each case in which costs are awarded.”

Asked by the Opposition whether Government would formulate a policy which would write off Manning’s debt, Jeremie said the State would never formulate policy to favour the Prime Minister or directed at any person in particular. Jeremie said policy may be adopted to treat with the general issue of costs and that may include the Prime Minister as well as other persons. He said Government may consider some of the policy proposals which his predecessor Maharaj had drafted in 2000 regarding collection of costs awarded to the state. Jeremie said since the court award involving Manning was in 1997, Maharaj’s policy proposals of 2000, would have included Manning. He said other matters in which outstanding costs were owed to the State, include matters involving Opposition Leader Basdeo Panday, former UNC financiers Steve Ferguson and Ish Galbaransingh and UNC MP Chandresh Sharma and one Balram Singh.

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Cost waiving proposed for:

• Matters where orders awarding such costs are over five years.
• Humanitarian grounds;
• Interpretation of constitutional provisions/appointments, matters of public/national interest.
• Litigants such as condemned prisoners, suspended/dismissed public servants & other “men of straw”.
• Costs however will be pursued against litigants bringing tort actions disguised as constitutional motions.