Lawyers representing a contracting company with an ongoing $1.3 billion lawsuit against the Estate Management and Business Development Company (EMBD) have claimed that Agriculture Minister Clarence Rambharat prejudiced the case while on the campaign trail on Tuesday night.
The issue with Rambharat’s comments, made in his speech at the PNM’s Local Government Elections campaign at Signature Hall in Chaguanas, was raised as the trial resumed before Justice Ricky Rahim at the Hall of Justice in Port-of-Spain, yesterday.
Rambharat’s comments centred around the distribution of deeds for land, formerly held by Caroni (1975) Ltd and which was being developed by EMBD.
Rambharat said: “If you read the papers, you see a case, a civil case going on with a $1.2 billion claim. We had to take a decision on those claims and those sites could not be finished until we got to the root of all the corruption that is involved, Until we deal with it and when we clean it up and account to the taxpayers. not only about the money but about the criminal conduct of people on those projects then we will move on with distribution.”
Senior Counsel Alvin Fitzpatrick, who is leading Namalco’s legal team, described Rambharat’s statements as highly disturbing as he pointed out that he (Rambharat) is the current line-minister for EMBD.
“I know it is silly season with local government elections around the corner but no one should make a comment while the matter is before the courts that the parties, in this case, are criminals. It is completely disrespectful and quite improper,” Fitzpatrick said.
Although Fitzpatrick noted that Rahim would not be swayed by the political rhetoric, he indicated that he still wanted to register his complaint.
Responding to the claims, British Queen’s Counsel Jonathan Davis, who is leading the EMBD’s legal team, claimed he was unaware of what transpired. However, he undertook to investigate Fitzpatrick’s complaint.
After listening to the attorneys, Rahim suggested that Fitzpatrick file an affidavit outlining his complaint.
While he acknowledged that contempt of court proceedings may be an option, he suggested that a public advisory on commenting on the case was also suitable in the circumstances.
In the lawsuit, Namalco is seeking compensation for its unpaid contracts for infrastructure works at projects at Cedar Hill, Roopsingh Road, Petite Morne, and Picton.
In defence of the claim, EMBD is contending that the company’s invoices were inflated and the work did not meet the requirements set by it. EMBD is also contending that the contracts were awarded by its former chief executive without board approval.
EMBD has brought several project management companies and engineering firms, who certified the work, into the case as ancillary defendants. EMBD is asking the court to make them pay a portion of the money if it is eventually found liable for the claims.
Namalco was initially seeking payment for six contracts but two were split from the case as they fell under a separate $200 million lawsuit brought by the Government against it and four other contractors.
In the cartel claim, EMBD is claiming the contractors conspired with the company’s former officials to obtain contracts in September 2015.
Oropouche East MP Dr Roodal Moonilal, former EMBD CEO Gary Parmassar, former divisional managers Madhoo Balroop and Andrew Walker are listed as parties in that claim, which is yet to go on trial.
Namalco is also being represented by Roger Kawalsingh, Shiv Sharma and Javid Mohammed. EMBD’s legal team also includes George Hayman, QC, Colin Kangaloo and Danielle Inglefield.
Douglas Mendes, SC, Devesh Maharaj and Kandace Bharath-Nahous are representing Atlantic Project Consultants Ltd, which is one of the ancillary defendants raised by EMBD.
Anand Singh and Jayanti Lutchmedial are representing the other ancillary defendants.