The Trinidad and Tobago Electricity Commission (T&TEC) has been mandated by the High Court to disclose its policy on installing high-tension power lines over private property within 14 days. Justice Frank Seepersad issued the ruling on October 15, 2024, following a legal challenge by Dr. Fayard Mohammed, who accused T&TEC of breaching its obligations under the Freedom of Information Act (FOIA).
Dr. Mohammed initiated the case after T&TEC installed power lines on his private property without providing the policy justifying such actions. Despite his initial request for information, T&TEC failed to respond within the legally required 30-day period, prompting Dr. Mohammed to seek judicial review. Justice Seepersad found T&TEC’s delay and subsequent refusal, citing the sub judice rule and allegations of a ‘fishing expedition,’ to be unlawful and unsupported by valid exemptions under the FOIA.
The judge emphasized that administrative inefficiency or resource constraints cannot excuse non-compliance with statutory obligations. He declared that T&TEC violated Sections 13, 15, and 23 of the FOIA by failing to notify Dr. Mohammed of its decision, provide written reasons for refusal, and uphold his legitimate expectation of lawful and fair processing of his request. Justice Seepersad also dismissed T&TEC’s claims of procedural abuse and nondisclosure, labeling them as disingenuous deflections.
In his ruling, Justice Seepersad underscored the importance of transparency and accountability, stating that the FOIA is designed to empower citizens to access information held by public bodies. He ordered T&TEC to pay Dr. Mohammed’s legal costs, reinforcing the principle that such requests are fundamental rights, not litigation tactics. Dr. Mohammed was represented by attorneys Farai Hove Masaisai and Chelsea Edwards, while T&TEC’s legal team included Senior Counsel Keith Scotland, Asha Watkins-Montserin, and Keisha Kydd-Hannibal.