A "secret" report on the financial situation of the Hindu Credit Union (HCU) can be handed over to the board of directors. This report was prepared by auditors Ernst and Young in 2008, after the Commissioner of Co-operatives, Clarence Mitchell, moved in, following a collapse of the credit union. But the report was kept confidential in the winding-up case before Justice Nolan Bereaux in the Port-of-Spain High Court. In the appeal before the Minister of Labour, HCU complained that it could not argue its case properly, without knowing what was in that report.
So HCU brought a "case stated" petition to the High Court. Yesterday, Justice Vasheist Kokaram, presiding in the Port-of-Spain High Court, said he had perused the report and found nothing in it which could prejudice a criminal investigation. The "case stated" petition involved the Commissioner of Co-operatives, HCU and the Anti-Corruption Investigations Bureau (ACIB), all of whom retained senior counsel to argue the matter. Kokaram said it was two years since the winding-up order and the involvement of the ACIB.
He recommended that the ACIB and the Director of Public Prosecutions (DPP) should get on with the matter because it was delaying the matter, in which there are 150,000 members waiting for finality. The judge also ruled that it was wrong for the Commissioner of Co-operatives to wind up HCU without giving the board of directors an opportunity to be heard. The Commissioner of Co-operatives appointed R Rampersad and Co as liquidators for the HCU.