By: Capil Bissoon
March 31, 2023
The PNM would want you to believe that in the 43 years they have been in Govt since Independence in 1962, they have been a model and beacon of integrity in managing the affairs of the country. Why didn’t they not zealously pursued other civil litigation cases involving individuals and companies with close affiliation to the PNM
Former Attorney General now Minister of Rural Development and Local Government Faris Al-Rawi, in a media release on 29th Inst, responded to the Miami-Dade Circuit Court ruling in favor of the State of T&T against Brian Kuei Tung, Steve Ferguson (former PNM-turn-UNC Financiers) and Raul Gutierrez as a “Victory for the People of Trinidad and Tobago.”
Kuei Tung, Ferguson and Gutierrez were found to be liable for multi-claims arising from fraud perpetrated in connection with the redevelopment of Piarco Airport in the early 2000’s.
Many citizens would want to join with Al-Rawi and the PNM to “celebrate” other victories if they had zealously pursued other civil litigation cases involving individuals and companies with close affiliation and ties to the PNM.
It is Al-Rawi who, on being named Attorney General in 2015, discontinued the billion-dollar civil action filed by Petrotrin in 2013 against its former President Malcom Jones as a result of the failed Gas-to-Liquid project. This case was filed after extensive forensic investigations were conducted on the advice of former PNM Attorney General Russell Martineau SC and Vincent Nelson KC. The Privy Council subsequently ruled there may have been a basis to support claims that there was political interference in Al-Rawi’s decision.
It is Al-Rawi who in 2018 decided not to pursue the civil action against former eTeck Chairman Ken Julien and five directors who lost their appeal at the Privy Council which paved the way for the special purpose company to pursue a claim against them for a failed 2005 investment of US$5Million (TT$34M) with a China-based company to develop eTeck’s information technology business venture.
Why didn’t Al-Rawi initiate civil action against the Board of NGC when the media was reporting that NGC had invested and potentially lost more than $400Million in a failed attempt to restart the Atlantic LNG Train1 plant, relying on natural gas that was already committed to the petrochemical sector and having no real prospect of getting the gas in the short-term that was necessary for the plant to restart. At the same time, NGC lost another $200Million investment in the Beachfield project which it later realized was not necessary and the Company was left holding the bag including $100Million worth of compressors that it cannot now sell.
As AG in 2021, Al-Rawi had a fiduciary duty to insist that Petrotrin follow the advice of its Attorney Deborah Peake, SC who advised the state-owned Company to move quickly and file an application in the High Court to set aside the results of an arbitration between itself and A&V Oil and Gas that could cost the state company close to $1Billion. It is now a fact that Petrotrin did not follow its learned Senior Counsel’s advice and the State had to pay A&V Oil millions of dollars in damages.
How can anyone forget that former PNM Chairman John O’Halloran constructed two twin-tower high rise office blocks in Scarborough Ontario and was found guilty in a Canadian court?
These are just a very few instances where the PNM has not vigorously pursued civil actions against those with close affiliations/interests to the Party for their actions and mismanagement of the country’s resources.
A “Victory for the People of Trinidad and Tobago” will be an explanation why the AG’s Office, in the last five years, has allowed default judgement in ten cases totaling $1.9Million.
Al-Rawi can really bring “Victory for the People of Trinidad and Tobago” if he becomes the conduit for serious change within the PNM. He can do so by insisting that the Rowley-led PNM immediately revamp the Procurement Legislation to its original form that was passed by the PP Govt and have it activated today. The failure of this Administration to do so will only continue to encourage the 10-30% of the country’s spending which is lost to corruption, which for 20% of $26Billion spent in TT equated to $5.2Billion.
And Al-Rawi can truly bring Victory for the People of Trinidad and Tobago” if he can stop the Govt from gutting the Freedom of Information Act (passed by the Panday-led UNC Administration) where in some instances, barriers were placed in the way of ordinary folks to obtain information from state agencies.
This Rowley-led PNM Administration has failed and refused to assume responsibility for dealing effectively, quickly and fairly with situations involving claims of corruption and mismanagement of the public purse.
The PNM would want you to believe that in the 43 years they have been in Government since Independence in 1962, they have been a model and beacon of integrity in managing the affairs of the country.
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