Court of Appeal Ruling in the Matter of the Telecommunication Services of Trinidad and Tobago and Magdalene Samaroo

05 November 2013

 JUDICIARY OF TRINIDAD & TOBAGO
DEPARTMENT OF COURT ADMINISTRATION
Court Protocol and Information Unit
Hall of Justice Knox Street Port of Spain
Trinidad & Tobago
Tel: (868) 62-TTLAW (628-8529) Exts. 2407/2413-15 Fax: (868) 624-2094 Website: www. ttlawcourts.org

MEDIA RELEASE
Immediate, November 05, 2013

Court of Appeal Ruling in the Matter of the Telecommunication Services of Trinidad and Tobago and Magdalene Samaroo

The Judiciary of the Republic of Trinidad and Tobago wishes to correct inaccuracies in two recent reports appearing in national daily newspapers, which hold implications for future judgments and litigants who may come before the Courts.

The two articles in question related to the Court of Appeal matter involving Telecommunication Services of Trinidad and Tobago (TSTT) and Magdalene Samaroo. They appeared in the Business Guardian of October 31, 2013 headlined "Has the Court of Appeal Quashed the Integrity Act?," and in Newsday of October 29, 2013, under the headline "Appeal Court: TSTT not a State enterprise."

In the case of the Business Guardian article, the second paragraph stated: "This week's judgment determined that TSTT was not subject to the Freedom of Information" Act. This statement is not correct. The relevant case before the Court of Appeal was settled without argument upon the express reservation that the Court was making no pronouncement on the issue as to whether TSTT is subject to the Freedom of Information Act. The Court of Appeal pointed out material differences between the Integrity in Public Life Act and the Freedom of Information Act, and left the question as to whether TSTT was subject to the Freedom of Information Act open for future argument and determination.

In the third paragraph of the same article, the writer stated that "the Court of Appeal...confirmed the determination in June that TSTT was not a state enterprise...." This is not an accurate representation of the Court's determination. The Court of Appeal accepted its earlier decision that, for the purposes of the Integrity in Public Life Act and because of the provisions of that Act, TSTT was not a state enterprise to which that Act would apply. The Court made no general finding that TSTT was not a state enterprise for the purposes of any other Act. Accordingly, the statement at paragraph seven of the said article, that "it seems clear, therefore, that for the purposes of the law, TSTT is no longer a state enterprise," does not reflect the finding of the Court of Appeal.

Similar errors were detected in the Newsday article in which the writer suggested that the Court of Appeal determined that TSTT was not a public authority to whom the Freedom of Information Act applies, and also that TSTT was not a state enterprise. In this connection, our previous statements bear repeating: that the matter before the Court of Appeal was settled without argument and the Court made no determination as to whether TSTT was or was not a public authority for the purposes of the Freedom of Information Act. Additionally, the Court of Appeal made no general finding that TSTT was not a state enterprise.

It is important to rectify these errors so as to correct any mistaken impressions that the articles may have engendered in other present and potential litigants.

For further information, kindly contact:
Jones P. Madeira
Court Protocol and Information Manager
Telephone: (Mobile) 473 8158 (Office) 627 9744
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.