Former Central Bank governor Jwala Rambarran has been ordered to pay over $100,000 in compensation to former Finance Minister Colm Imbert for defamation.
Delivering a judgment via email on Monday, High Court Judge Kevin Ramcharan upheld Imbert’s claim and ordered the compensation.
Guardian Media understands that Imbert may have to wait a while before he potentially receives the damages ordered, as Rambarran is expected to appeal the outcome.
The lawsuit centred around a blog post on Rambarran’s personal website on June 9, 2019.
While the contents of the post cannot be repeated as such was deemed to be defamatory, it included accusations that Imbert stymied Rambarran’s job prospects after he was terminated from his role in the Central Bank in December 2015.
Rambarran also alleged that Imbert breached a court order in a Freedom of Information Act (FOIA) lawsuit over Imbert’s refusal to disclose his communications with an official of the international economic institution G24, who was trying to recruit him.
Dealing with the second allegation first, Justice Ramcharan ruled that Rambarran ought to have known that the court order was extended as a public holiday fell within the seven-day period in which Imbert was given to disclose the correspondence.
“Even if somehow, despite his former position, he was not aware of the provisions, common sense would dictate that a deadline for something like compliance with a court order, could not fall on a non-working day,” Justice Ramcharan said.
“The conclusion he drew, therefore, would not have been honestly reached by a reasonable person and therefore is defamatory of the Claimant as it alleges that he was so petty and spiteful that he breached a court order,” he added.
Dealing with Imbert’s communications with the G24 official, Ramcharan ruled that Imbert did not affect Rambarran’s employment prospects as claimed.
“The letter in which the offer of employment was revoked makes it clear that the reason for the revocation of the offer was consequent on there being some matter on which the Secretariat was waiting before the appointment could be finalised,” Justice Ramcharan said.
Noting that it was obvious that the decision was not based on Imbert delaying responding to the official, he pointed out that Imbert responded one month before the revocation was communicated.
“Further, there is no mention of the Claimant’s response being a negative against the Defendant,” Justice Ramcharan said.
In assessing the appropriate compensation for Imbert, Justice Ramcharan noted that he was not entitled to significant damages as the allegations were not as serious as in other political cases.
“The article does not accuse the Claimant of engaging in illegal or unlawful conduct, or of holding abhorrent views, such as being a racist,” he said.
“Insofar as the Claimant received racist abuse from the defenders of the Defendant, this is more due to the state of politics in T&T than anything the Defendant wrote in his article,” he added.
Rambarran was appointed to the post in July 2012.
The decision to terminate him came shortly after he announced that T&T was in a recession and after he revealed the biggest foreign exchange users in the country.
In his constitutional claim, he contended that the government unlawfully revoked his appointment in breach of his constitutional rights
In 2022, Justice Devindra Rampersad ruled that his termination was “seriously flawed” and his constitutional rights to protection of the law and to a fair hearing in accordance with the principles of fundamental justice were breached.
Rambarran was awarded over $5.47 million in compensation, which was mostly based on the salary he would have received under his contract had it not been terminated.
In February, Appellate Judges Nolan Bereaux, Mark Mohammed, and Peter Rajkumar dismissed an appeal from the Office of the Attorney General challenging Justice Rampersad’s decision.
However, the Appeal Court marginally reduced the compensation owed to Rambarran.
Legal sources said that Rambarran’s potential appeal in the defamation case may be related to Justice Ramcharan’s findings in relation to the failed recruitment, which contradicted concurrent findings made by Justice Rampersad and upheld by the Court of Appeal.
Imbert was represented by Russell Martineau, SC, Jason Mootoo, SC, and Romney Thomas. Rambarran was represented by Anand Ramlogan, SC, Che Dindial, Asha Ramlal, and Vishaal Siewsaran.