The State is being saddled with a million-dollar bill to represent cash strapped Caribbean Airlines Ltd (CAL) in a legal battle against dismissed chief executive officer Ian Brunton. The airline has retained Andrew Mitchell, QC, the same attorney who had been representing CAL chairman George Nicholas III in the controversial legal battle against Dr Krishna Persad for control of Mora Ven Holdings Limited. Persad was before the court on six fraud charges brought against him by Nicholas.
Mitchell has represented Nicholas at the High Court and at the Privy Council in that matter. But according to sources, Attorney General Anand Ramlogan must be consulted on the matter and has the power to sanction which attorneys should be retained to represent the State. Legal sources revealed to Sunday Guardian that Mitchell's fees range from £100,000 ($1, 000,000 TT) per brief, excluding retainer fees. Mitchell is no stranger when it comes to dealing with controversial matters. In 2007, he represented former Chief Justice Satnarine Sharma at the Privy Council, attempting to prevent police from executing a warrant on him on a charge of perverting the course of justice.
The former administration also appointed Mitchell as a member of the CL Financial board following the $7-billion bail out. He has since been replaced by new head, Gerald Yetming. Mitchell, however, would be instructed by attorney Om Lalla. Lalla, who has represented Minister of Works and Transport Jack Warner for over ten years, is also representing Nicholas, who has defied Warner int he firing of the airline's Chief Executive officer Ian Brunton. He is currently representing Warner in a number of matters before the court. He is also the attorney for Fifa and T&T Football Federation.
OM: I am committed to representing Warner
But in an interview with Sunday Guardian yesterday, Lalla said he remains committed to representing Warner. "Sure, I remain as one of Mr Warner's attorneys. I have been retained by CAL. The whole issue is about a chief executive officer that was terminated and it is the company that has retained my services. I do not see any issue for a conflict of interest to arise. It is a company taking a decision; it is a corporate issue and not a personal issue," Lalla said when contacted.
Despite Cabinet ratifying the decision to acquire nine turboprop aircraft from Avions de Transport Regional (ATR), the CAL Board is seeking to overturn the decision. It is clear, however, that Warner and Nicholas are at loggerheads as the former openly expressed displeasure over the decision to dismiss Brunton who has since initiated legal proceedings against CAL after refusal to reinstate him. Warner, who is in Zurich, is still awaiting instructions from Prime Minister Kamla Persad-Bissessar on how to proceed. Contacted yesterday, Nicholas refused comment on the matter saying: "I would have my attorney contact you." Meanwhile, Ramlogan said he had absolutely no comment to make on the matter.
About Mitchell
•2005 represented Nicholas in Mora Ven matter
• 2007 represented former Chief Justice Satnarine Sharma
•2009 member of CL Financial board
-reporting by SHALIZA HASSANALI