UNC pursued Piarco fraud case

■ Stories Anna Ramdass

anna.ramdass@trinidadexpress.com

OPPOSITION LEADER Kamla Persad- Bissessar says her government pursued the Piarco corruption matter without fear or favour and recovered monies, unlike the People's National Movement (PNM), which discontinued multi-million-dollar court cases for their friends.

She was responding to comments made by Rural Development and Local Government Minister Faris Al-Rawi at a news conference yesterday where he said that, in 2010, the litigations in the Miami proceedings effectively went into hibernation.

In announcing that ...., Al-Rawi said: 'It is important to note that in the judgment that was delivered today, the final judgment, we gave a credit. It's a set-off that was applied today. And the set-off is specifically that we deducted from the judgment amount, the sum of $4,631,691.25.

'So in arriving at the US$131.3 million, we deducted, before getting to that sum, the sum of $4.6 million. That sum represents monies which were received by Trinidad and Tobago.

'And I wish to state that some of that money was received in the course of the UNC government's tenure.

'So I must admit that I was quite surprised to learn that there was some allegation of political persecution in this matter by the Leader of the Opposition, if I recall correctly, subject to correction.

'I want to remind that several million dollars United States dollars were received by the UNC administration government, and, therefore, they would be well aware of the propriety of the lawsuit which was commenced, and therefore I would be very surprised that the Leader of the Opposition could be speaking to something being wrong in this matter, because if it was wrong, the question would be begging: Why did you therefore receive approximately US$2 million, at least, whilst in office as the Prime Minister of this country?'

He said the record demonstrates that there was near no activity in the Piarco civil matter in the period 2010 to 2015 under then-attorney general Anand Ramlogan, 'and that matter fell into risk of being thrown out of court'.

He said, following the change in government in 2015, proceedings got back on track in 2017, and effectively resuscitated the litigation.

Kamla: Train wreck coming

In a telephone interview with the Express yesterday, the former prime Minister said no cases were withdrawn under her government.

'Contrary to this pattern that they have that every time there is a matter against their friends, what did they do? Withdraw them,' she said.

'I think he (Faris Al-Rawi) knows a possible train wreck is coming in the local government matter and he's looking to distract from that and all their failures in terms of governance and crime-fighting,' she said.

Pointed out the millions the PNM government is spending on legal fees, Persad-Bissessar noted that in the Piarco Airport Miami matter, some $23 million was paid to Sequor Law firm which was disqualified from the matter along with AG Reginald Armour.

Another $33 million was paid in a short time frame to legal firm White and Case, she added.

In a release later, Persad-Bissessar said Al-Rawi should be addressing the fact that it was under his tenure as AG that the PNM withdrew a number of cases such as the civil corruption case against former executive chairman of Petrotrin Malcolm Jones for $1.2 billion and the $35 million claim against the former PNM-appointed board of E-Teck over the failed bamboo investment deal.

'Had the $1.2 billion loss suffered by Petrotrin as a result of the failed gas to liquids project where the plan has to be eventually sold as scrap iron is what crippled Petrotrin and led to its eventual closure. Had Al-Rawi pursued that claim, there is no doubt that the public would have benefited from a billion-dollar judgment and Petrotrin would not be closed today with thousands on the breadline,' she said.

Al-Rawi should also be speaking about his government's failure to appeal the AV drilling matter by going against the advice of their own senior counsel which cost taxpayers over $100 million, she said.

Persad-Bissessar said even 'more troubling' was the case against former PNM general secretary Ashton Ford where no defence was filed, going on to note that when the matter came up for a trial on May 15, 2019, no lawyers from the Office of the Attorney General attended court.

Ford and others had sued the former government for breach of contract in relation to their foreign postings as attachés. Persad-Bissessar noted the Attorney General's office, under Al-Rawi, submitted no defence and, as a result, the High Court by judgment dated March 18, 2022, awarded the sum of $2.65 million in damages, cost and interest to Ford and Elvin Edwards, a former mayor.

Background

In October 2012, then-attorney general Anand Ramlogan said the Attorney General's Office was recovering money from civil suits filed by the Government in the United States courts.

He said then the latest recovery from the civil fraud cases involved US$2.75 million (TT$18 million), as well as a painting valued at over TT$600,000.

In 2009, the then-PNM government said it had already recovered in excess of $250 million in compensation as a result of the civil action in the foreign jurisdiction and restitution from those convicted in the United States for the Piarco International Airport scandal.

Ramlogan continued the legal matters under the People's Partnership government.

Reports stated that Ramlogan managed out-of-court settlements pertaining to Eduardo Hillman and Rene de Villegas, who were fingered as co-conspirators with Galbaransingh and Ferguson in fraud cases.

Ramlogan handed over $18 million to former minister of finance Winston Dookeran in September 2010.

In April 2013 Ramlogan said the State scored another significant victory against businessmen Ishwar Galbaransingh and Steve Ferguson in the US courts.

According to the records, Ramlogan said then that the Office of the AG had been pursuing several civil cases against Steve Ferguson for violations of the Florida Racketeer Influenced and Corrupt Organisation Act ('RICO'), the Florida Civil Remedies for Criminal Practices Act, and related claims against numerous corporate entities and individuals arising out of the racketeering acts regarding the rigging of bids in Florida, the making of corrupt payments from Florida, fraudulent bidding practices in Florida and deployed from Florida, and the laundering of proceeds through and into Florida in relation to the construction of Piarco International Airport in Trinidad.

Ramlogan issued a statement advising that the United States Supreme Court had denied the Petition for Writ of Certiorari filed by Steve Ferguson with the United States' highest tribunal on December 4, 2012.

Petitions for Writ of Certiorari are requests to the United States Supreme Court asking the Supreme Court to review the decision of a lower court.

As part of that litigation, the State simultaneously defeated a motion by Steve Ferguson to stay the same discovery pending resolution of the criminal case against him here in Trinidad.

Following the first instance court's rulings in favour of the State, Steve Ferguson appealed to the Florida Third District Court of Appeals where a three-judge appellate panel received extensive briefing and heard oral argument before affirming the lower court's rulings in favour of the State.

Ramlogan stated that these hardfought victories in the Florida courts and the United States Supreme Court's denial of Steve Ferguson's Petition for Writ of Certiorari cleared the way for the State to continue its civil litigation in Florida which the then-government expected to have resulted in a significant civil judgment in favour of the State and its citizens and against Steve Ferguson and the other named defendants.

'WE RECOVERED MONIES': Opposition Leader Kamla Persad-Bissessar.