OMBUDSMAN Rajmanlal Joseph has started summary criminal proceedings at the Port of Spain District Court against CEO of the Tunapuna/Piarco Regional Corporation (TPRC), Kathy Ann Mills-Mark, for failing to attend hearings to which she was summoned.
A statement from the office of the Ombudsman said this is contrary to Section 10 of the Ombudsman Act Chapter 2:52.
It said two summonses were issued on April 1 and April 4, requiring her to appear before Joseph on April 20. Mills-Mark was due to give evidence in two separate complaints against the TPRC.
The first hearing was about a delay in the corporation's addressing a complaint about illegal structures built on a government reserve. The second hearing was in relation to the corporation’s delay in addressing a complaint of the road at Gittens Street, Tacarigua, being blocked.
When the hearings were convened at 11 am and 11.30 am respectively, CEO Mills-Mark failed to appear.
Checks with the Office of the Ombudsman’s Registry confirmed Mills-Mark had sent no excuse either from herself or the TPRC to explain her absence.
“To date, the Office of the Ombudsman has not received any lawful justification or excuse for the absence of Ms Mills-Mark at the hearings to which she was summoned,” the statement read.
It also said since Joseph was appointed on May 19, he has held 102 hearings on 210 matters under investigation.
The statement explained that should public authorities fail to respond to the Ombudsman’s requests for information in the conduct of his investigations, he shall so exercise his jurisdiction under Section 97 (1) of the Constitution of TT.
This gives him High Court powers to summon witnesses and to compel them to give evidence on oath and to produce documents relevant to the proceedings before him.
Under Section 10 of the Ombudsman Act 2:52, a person is liable on summary conviction to a fine or to imprisonment for six months if without lawful justification they refuse or wilfully fail to comply with these requirements.
Public officials were therefore reminded that prompt collaboration with the Office of the Ombudsman is imperative in avoiding such measures being taken.
The statement said the Office of the Ombudsman remains committed to fulfilling its constitutional mandate to investigate complaints of administrative injustice and will use all its powers to carry out its functions expeditiously.
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