IT is with extreme dismay and unrelenting reluctance that I write this letter but I feel compelled to do so by the provisions of the Legal Profession Act, the code of ethics thereof and the Oath I took as an Attorney-at-Law.The occurrence of three scandalous, incongruous and ignominious events have caused delirium in Trinidad and Tobago.
These are:
(1) The abominable Prisongate Scandal and the resignation of the then Solicitor General of Trinidad and Tobago and the consequential straddling of a specious and obtuse letter allegedly signed by Mr. Christopher Grant of the Chief State Solicitors office. This is referred to in law as “dolus malus” or “dolus bonus” depending on which side you are on or supporting. The public only have to reflect on who are the Attorneys-at-Law that were involved and who are the Attorneys-at-Law receiving “briefs” and representing the Attorney General in legal matters. There have been numerous importunate calls for investigation and inquiries into these egregious allegations and the ipse dixit of the Honourable Mr. Anand Ramlogan as the Attorney General of Trinidad and Tobago. As far as I recall there should have been an investigation into these allegations firstly uttered by a Judicial Officer in a Claim before the High Court tainted with malus animus. What was/is the outcome of this Investigation? What were/are the findings? What, if any, action has been taken by the Attorney General and/or the Director of Public Prosecution and/or the police? As is often obtrusively said, Trinidad is a “9 day wonder”. The public should demand answers from the Attorney General and/or the Director of Public Prosecution and/or the police. In any event, the Prime Minister has a duty to let the country know what are the findings or outcome of this investigation.
(2) The Speaker of the House, Mr. Wade Mark, either obversely or speciously or inadvertently referred to a letter or document in writing from Mr. Larry Howai as a “Notice from the High Court”. This is remarkable and incredible. A Notice from the High Court would have the High Court address, the Seal of the High Court, the Parties names, the Claim Number, the signature, the Registrar or Deputy Registrar or an Assistant Registrar or a Judicial Support Officer, and several other features that would prominently distinguish a Notice from the High Court from a private correspondence. This is particularly disturbing especially so when the Speaker made this announcement ex mero motu and the embarrassment is now extant and may never be satisfactorily resolved and/or excused. Clearly a motive is discernible if not obvious. The gravamen or sting of the Speaker’s announcement either obviously or by inference was the intent to stultify any vitriolic remarks or comments in Parliament on the Motion of Censure filed by Mr. Jack Warner against Mr. Larry Howai. Are we so gullible or so clumsy. Some people really underestimate the intelligence of our people. This is insulting to say the least.
(3) Allegations of attempting to pervert the course of Justice by AG Ramlogan. Firstly, let me say that I know Mr. David West personally and have represented clients in extradition and related matters in which Mr. David West was in some way involved as the Central Authority of Trinidad and Tobago. I do not know Mr. Gary Griffith but I have had numerous conversations with a number of prominent people who have spoken very highly of Mr. Gary Griffith. I have great respect for and appreciation of Mr. Gary Griffith as Minister of National Security. I have recently told many persons that he is the best and most capable Minister of National Security that I have experienced in Trinidad and Tobago, that he is the most capable Minister to reverse the spiral and spike in crimes in Trinidad and Tobago, and if he does so, this could very well result in the People’s Partnership winning the next General Election.
These two Honourable gentlemen are insalubriously and inextricably linked to the assertion that AG Ramlogan, in Mr. West case, overtly and expressly called upon Mr. West to withdraw his witness statement in the Claim by AG Ramlogan against Dr. Keith Rowley and, in the case of Mr. Gary Griffith, the AG clandestinely, surreptitiously, and dexterously sought the intervention of Mr. Gary Griffith (and it appears incontrovertible with “dolus malus”) to achieve an unpardonable objective of getting Mr. West to withdraw his said Witness Statement. If this allegation is true it amounts to a pollution of the Justice system and an attempt to corrupt the dispensation of Justice in accordance with the principles of fundamental Justice and the Honourable Prime Minister should fortwith dismiss Mr. Anand Ramlogan as the AG. In fact Mr. Anand Ramlogan as the AG has become embroiled in too many controversies and instead of quietly dealing or responding to them, by his conduct and utterances caused these controversial matters to become scandalous, caused public outrage and will seriously hurt this Government in the next general election. He should have taken a page out of the book of Mr. Ramesh Lawrence Maharaj, S.C., one of our best AG, who at all times conducted himself with decorum, dignity, high moral rectitude, and dexterity.
(4) However there is a fourth matter that has not yet reach the public domain and I will adumbrate the salient features so that the informed public can come to their own conclusions. I am the lead Counsel together with three Junior Counsel representing a company by the name of Treasure Queen Tours Limited operating the shipping vessel “Treasure Queen” with cruises and pleasure trips off the Coast of Chaguaramas. On the 14th day of August, 2003, the Chaguaramas Development Authority (C.D.A) granted a licence/lease to Treasure Queen Tours Limited of a parcel of land and facilities to operate these cruises/tours with the vessel Treasure Queen. Treasure Queen Tours Limited made substantial expenditures and investments in infrastructural works and improvements to this site to operate its cruises and tours. By letter dated the 25th of March, 2009, C.D.A granted a Lease of this property/site to Treasure Queen Tours Limited for three (3) years with an option to renew for three (3) further years.
The full period of this lease would have run until the 24th day of March, 2015. By letter from C.D.A to Treasure Queen Tours Limited C.D.A purported to terminate this lease on the 28th day of July, 2013. During the course of the month of April, 2014, it was clear to C.D.A that Treasure Queen Tours Limited was filing a Claim against C.D.A in the High Court. Despite this on the 25th of April, 2014, C.D.A granted a Lease to a company by the name of Fouraime Enterprises Limited for a period of thirty (30) years of a parcel of land comprising of nearly 34 Acres (35.1 acres less the Cuesa River being approximately 1.1 Acres) including the parcel and land leased to Treasure Queen Tours Limited and to other persons lands and businesses. Treasure Queen commenced Claim No. Cv 2014-01562 against C.D.A. The docketed Judge was Justice Rampersad. On the 31st day of July, 2014, Justice Rampersad Ordered that this Claim commenced as Judicial Review proceedings (Public Law) be converted as a Claim in Civil Proceedings (Private Law), that Fouraime Enterprises Ltd be joined as an interested Party and gave directions for the filing of Pleadings, list of documents, list of issues, witnesses statements and so on and fixed the dates for the trial as the 21st and 22nd days of January, 2015. Justice Rampersad also granted in favour of Treasure Queen Tours Limited and against C.D.A an injunction prohibiting C.D.A from evicting and or interfering with Treasure Queen Tours Ltd use and occupation of the property leased to it by C.D.A. On the 3rd of December, 2014, Justice Rampersad made an order, inter alias, that the Proceedings between Treasure Queen Tours Ltd and Fouraime Enterprises Limited be stayed pending the outcome of the trial between Treasure Queen Tours Ltd and C.D.A. Thereafter by an e-mail from the Judicial Support Officer (J.S.O) of the newly appointed Justice Margaret Mohammed Treasure Queen Tours Limited Attorneys-at-Law (including myself) were informed that the trial of the Claim was transferred from Justice Rampersad to Justice Margaret Mohammed. By an e-mail sent on the 7th of January, 2014, by Treasure Queen Tours Ltd Attorneys-at-Law to the J.S.O of both Justice Rampersad and Justice Margaret Mohammed we notified both Judges that we were objecting to the re-assignment of the Claim from the docketed Judge (Justice Rampersad) to Justice Mohammed and that Treasure Queen Tours Limited had filed an Appeal in the Court of Appeal on the 31st of December, 2014, against the transfer or re-assignment of the Claim. The law is as stated by the full Court of the Court of Appeal of TT in the case of Mc Knight vs McKnight (1994) 44 W.I.R P 349 letters H to J that once an Appeal is filed in respect of any Orders made in a case in the High Court the High Court becomes functus officio, that is, the High Court no longer has jurisdiction and cannot hear the Case until the Appeal is heard and determined. Despite this and the Appeal fixed to be heard on the 9th day of February, 2015, Justice Mohammed heard an Application made by Attorneys-at-Law representing Treasure Queen Tours Limited for the said Judge to recuse herself from the trial on the ground of actual or apparent bias on the 21st of January, 2015, and on the 22nd of January, 2015, made an Order refusing to recuse herself and proceeded to start the trial during the hearing of this Application Mr. Reginald Armour, S.C and lead Counsel of C.D.A produced a Notice from the Registrar of the High Court issued on the 9th day of January, 2015, notifying the Parties Attorneys-at-Law that the trial of this Claim was re-assigned to Justice Mohammed. However this Notice was never sent to any of the Attorneys-at-Law representing Treasure Queen Tours Ltd. Captain Basil Joseph, the Managing Director of Treasure Queen Tours Limited, was cross-examined and re-examined on the 22nd day of January, 2015.
This was a remarkable and astonishing development and I instructed my Junior Attorneys-at-law to conduct a search at the Companies Registry since we discovered that Fouraime Enterprises Limited had the same address as Amalgamated Security Services Limited as this Company has a substantial contract with the Judiciary and Government of TT (Justice on Time) and providing security services at several government departments and buildings. What we discovered at the Companies Registry was startling and revealing that will shock this entire nation. On the 7th day of April, 2014 (the same month Fouraime Enterprises Limited was granted a lease for 30 years by CDA in respect of a parcel of lands valued billions of dollars) Fouraime Enterprises was incorporated with Mr. John Aboud listed as a director and Albert Dominique as the Secretary. This company issued only one (1) share by a resolution passed on April 7, 2014, to a company by the name of Pelican Investments Ltd and the resolution was signed by Mr. John Aboud. Now imagine this: Treasure Queen Tours Limited and others were being evicted by C.D.A from C.D.A lands being leased to Fouraime Enterprises incorporated the same month of April, 2014, and being a lease valued billions of dollars to a company having only (1) share valued one dollar (T.T.D) this is astounding and incredible and requires police and other investigations and inquiries.
But more was to be revealed. Mr. John Aboud and Mr. Michael Aboud each own 1,037,500 shares each in Amalgamated Security Services Limited, the sister company of Fouraime Enterprises, and a company with lucrative contracts with the Judiciary and the Government of Trinidad and Tobago.
The Directors and Officers of Treasure Queen Tours Limited have informed me that they have lost all confidence in the Judicial process in the conduct of their Claim and believe that there was interference in the process by switching or transferring or re-assigning this case from Justice Rampersad (who had granted an injunction in favour of Treasure Queen Tours Limited against C.D.A) to Justice Margaret Mohammed and further since the filing of their Appeal it is trite law that the trial should have been stopped to await the decision of the Court of Appeal. Despite this position as a matter of law Justice Mohammed still proceeded with the trial which is now adjourned to the 9th of February, 2015, at 1 pm and the hearing of the Appeal is also fixed for the 9th of February, 2015, at 9 am whilst myself and my Junior Attorneys-at-Law representing Treasure Queen Tours Limited are worried and have lost confidence and are distressed over this development we make no comment. However the public must be aware of these developments and come to their own conclusions.
These events relate to the conduct of the Parliament, the Government and the Judiciary of Trinidad and Tobago. Is everything collapsing around us? I suggest that the President, the Prime Minister, the Chief Justice and the Leader of the Opposition arrange to have a retreat for a few days, without any interruption, and seriously address these matters of the State. Otherwise we could be heading for a failed Nation Status.
ODAI N. S RAMISCHAND
Attorney-at-Law