Former managing director of the Housing Development Corporation (HDC) Jearlean John and former HDC chairman Henckle Lall are among eight officials and entities that the Attorney General Faris Al- Rawi has commenced legal action against, according to documents from attorney Gerald Ramdeen.
Two Thursdays ago, Prime Minister Dr Keith Rowley announced that the Government filed proceedings against people "who have improperly removed public monies for their own benefit through conspiracies".
Al-Rawi announced that the multi-million dollar lawsuit was against nine former public officials. The documents have been sealed at the Hall of Justice, Port-of-Spain.
However, Ramdeen, in a letter to Al-Rawi dated November 7, revealed that he was able to find out the names of those being sued. He only listed eight names. The other entities that are expected to be sued apart from John and Lall are Greg Davis, Peter Ford, Project Specialists Ltd, Point Lisas Park Ltd, Anthony Sampath, and Patrick Soo Ting, Ramdeen said. The name of the ninth entity has not been revealed.
In his letter to Al-Rawi, Ramdeen said on November 4 he caused searches to be made at the High Court Registry and discovered that on November 2 the Attorney General had filed the legal action against John and the rest.
Ramdeen, who is John's attorney, said his client has still not received any pre-action protocol correspondence related to the matter.
"The public disclosures by you and the Prime Minister have only caused damage to my client's reputation and engendered suspicions of wrongdoing by members of the public directed towards my client. To date, my client has not even been afforded the most fundamental right of being told what are the allegations that are being made against her but that may well accord with your understanding and that of the Prime Minister of due process and the protection of the law," Ramdeen stated in his letter.
Ramdeen called on Al-Rawi to serve John with the documents before noon on Tuesday.
"My client was the former managing director of the HDC, who carried out her functions in the most diligent and transparent manner. She is entitled to the protection of the law and due process and will invoke the powers of the court to secure her interest in this matter, prove the allegations made against her to be unfounded and malicious and expose the maladministration and wanton abuse of state power that underlays the allegations that form the basis of this action and characterises the administration of which you are a part," Ramdeen stated.
THE LAND TRANSACTION
The lawsuit against John and the others is believed to stem from the purchase of 50 acres of land in Freeport called Eden Gardens. Less than a year after being valued at $52 million by an independent valuator, the land in Freeport was purchased by the People's Partnership administration for $175 million.
The property owners had purchased it for $5 million two years earlier.
Eden Gardens is located at Calcutta Road 2, opposite Madhoo Trace, Freeport. It comprises 264 residential lots averaging 5,600 square feet per lot, two residential/commercial sites, two nursery sites, four community sites, two recreational grounds and four playgrounds.
This is the breakdown of the transaction:
�2Point Lisas Parks Ltd (PLP) was incorporated in 2007 by Sampath, Soo Ting and Azad Niamat.
�2February 3, 2010, PLP purchased the property from the owner, Sookdeo Deousaran, for $5 million, paying Stamp Duty of $350,000.
�2November 7, 2011, PLP indicated its interest in selling the property.
�2November 28, 2011, Linden Scott and Associates Ltd valued the property at $52 million.
�2January 20, 2012, PLP offered the property to the HDC for $200 million.
�2February 2, 2012, the HDC board authorised the corporation to approach Commissioner of Valuations Ronald Heeralal to do an independent valuation on the property.
�2March 6, 2012, a letter signed by Heeralal and addressed to the HDC managing director stated the property was "grossly understated" by Linden Scott and Associates.
�2April 26, 2012, Heeralal valued the property at $180 million. Heeralal said he believed the sum was a "fair estimate of the current open market value for the unencumbered freehold interest in the subject parcel of land with vacant possession subject to the following provisos:
1. All statutory and other relevant approvals have been had.
2. The Sewer Treatment Plant which serves the development is commissioned and fully operational.
3. All plots within the development are readily available for sale on the open market free from encumbrances."
�2June 6, 2012, Cabinet approved acquisition of the property at the cost of $175 million.
�2July 1, 2013, the Integrity Commission wrote John stating that it had launched an investigation into the Eden Gardens land deal.
�2October 21, 2014, the Integrity Commission wrote John stating that its investigation into the matter was closed pending any further development.
Asked to comment on the valuation of the land at Eden Gardens, Linden Scott yesterday said, "Sorry, I cannot comment on it."