ACHIEVEMENTS: Ministry of the Attorney General
Ministry of the Attorney General
Achievements for the Period
MAY 2012 to NOVEMBER 2014
SEVERAL MATTERS ARISING OUT OF THE STATE OF EMERGENCY.
There has been no legal challenge to the validity of the State of Emergency (SOE) because the AG provided proper legal advice to guide the PM and Cabinet. Despite all the “ole talk”, none of the persons who were detained by the Police during the SOE have been successful in any claims for monetary compensation against the State. To date, not “one red cent” has been paid.
EXCELLENT MANAGEMENT OF LITIGATION PORTFOLIOS
The Attorney General (AG) has skillfully and competently managed the civil litigation portfolio of the State. This includes Privy Council Appeals, International Commercial Arbitrations and claims against the State in our local Courts. Financial risk exposure on some of these matters is quite high with implications for our economy.
Reports were submitted to the Attorney General and historic cases for civil fraud, negligence and breach of fiduciary duties were commenced against certain top officials.
The AG has sued to recover over $2 billion in compensation and has sought orders that will disqualify these individuals from serving as directors of companies in the future.
Following are examples of matters undertaken by the AG…
THE OPV ARBITRATION (LONDON)
The Government emerged victorious in this historic billion dollar arbitration. Despite numerous claims by the Opposition that the Government had lost the arbitration and had to pay British Aerospace Engineering Systems (BAE) (UK) $1 Billion, BAE paid $1.4 Billion dollars to the Government.
The AG defended this claim against the Government and aggressively pursued a Billion dollar counter claim against BAE. History was made when AG Ramlogan testifies on behalf of the State and withstood grueling cross examination by BAE’s British lawyers.
WORLD GTL ARBITRATIONS (NEW YORK)
The scandalous GTL transaction entered into under the former administration spawned Billion dollar arbitrations. This project cost Petrotrin $2.7 billion dollars and the failed plant must now be sold as scrap metal. The International Court of Arbitration ruled that WGTL had breached its obligations under the guarantee contribution agreement and ordered the transfer of over 9 million common shares to Petrotrin. GTL was also ordered to pay our full legal costs.
THE HYATT ARBITRATION (NEW YORK)
The Urban Development Company of Trinidad and Tobago (“UDeCOTT”) has sued Hyatt hotel for the return of Owner’s Remittances in excess of $150 million dollars. This arbitration is ongoing while attempts are being made to negotiate an amicable solution.
ENERGY CLAIM SETTLED
The AG successfully defended a claim of over $1.2 Billion dollars against the State arising out of a gas supply agreement. The matter was settled with the State acquiring a lucrative 50 acre parcel of land on the Point Lisas Industrial estate and a small payment. In the end, the defendants got less than 5% of what they claimed.
PURSUIT OF SOCIAL JUSTICE
The People’s Partnership had promised to pursue those responsible for the negligence, mismanagement and corruption and bring them to justice.
The Constitution vests the civil jurisdiction of the State in the AG. To this end, the AG has taken unprecedented and historic action by suing a number of former board directors and officials for a wide range of breaches and violations.
These cases were filed as a consequence of forensic and legal audits authorised by the Honourable Prime Minister into a number of State entities and suspicious multi-million dollar transactions.
These landmark cases for civil fraud, misrepresentation, misconduct, negligence and breach of fiduciary duties are now before the courts. Over two billion dollars in compensation is being sought.
The following are cases that were assiduously pursued by the Attorney General.
CLAIM AGAINST CALDER HART
UDECOTT, is claiming approximately $500 million from its former executive chairman Calder Hart, and his deputy Krishna Bahardoosingh. Its former Chief Financial Officer, Ricardo O’Brian and its former CEO Neelanda Rampaul have also been sued.
This claim is based on the tender award for the construction of the infamous Brian Lara stadium in Tarouba.
MALCOLM JONES NEGLIGENCE CLAIM
Negligence claim against Petrotrin former executive chairman Malcolm Jones as the company seeks to recover roughly $1.2 billion for the failed gas-to-liquids (GTL) plant.
E-TECK
E-teck is claiming the sum of $30 million from its former Chairman Ken Julien and the other members of the former Board.
The other Defendants in this matter are Dr. Rene Monteil, Uric Mc Nicol, Eugene Tiah, Sonia Noel and Brian Copeland. This claim for negligence and breach of fiduciary duties is based on a failed investment in bamboo Networks Limited in circumstances where no proper due diligence was done.
THE UNIVERSITY OF TRINIDAD AND TOBAGO
The University of Trinidad and Tobago has filed a claim against former President Professor Kenneth Julien and the other members of the Board seeking damages incurred in the sum of $12 million for negligence and breach of their fiduciary duty. Millions were sent to renovate a guest house in Aripo without verifying ownership and title.
AG FIGHTS FOR STEELPAN RIGHTS
The AG has sued Brian Copeland for the Intellectual Property rights for the newly invented Percussive Harmonic Instrument (PHI) pan. The research that led to the development of this pan was funded by the State to the tune of $35 million dollars. He is opposing ownership claims made by Professor Copeland and asserting that the PHI pan belongs to the State and peoples of Trinidad and Tobago.
SUCCESSFULLY MANAGED THE SETTLEMENT OF OVER $1 BILLION IN CLAIMS FROM THE CONSTRUCTION SECTOR
The AG has managed over TT$1 Billion in legal claims which the Government faced upon assuming office as a result of the exorbitant cost overruns and mismanagement of several mega projects by the former administration including the MLA tower, Government Campus Plaza and the Customs and Excise Building.
SCARBOROUGH GENERAL HOSPITAL (SGH)
The contract price for the construction of the SGH was $140 million dollars. In the end, it cost almost $500 million dollars. Several complex construction disputes have arisen which are at various levels in the Court system. The defence of these multi-million dollar claims and arbitral awards is being co-ordinated by the AG.
SECTION 34
The businessmen (whom the AG had extradited to face trial in the US) were prevented from walking free by the immediate repeal of Section 34. Their constitutional case on section 34 was dismissed with legal costs to be paid to the State.
The State also scored another significant victory against businessman Steve Ferguson, in the US courts. The United States Supreme Court denied the Petition for Writ of Certiorari filed by Steve Ferguson with the United States’ highest tribunal on 4 December 2012. Petitions for Writ of Certiorari are requests to the United States Supreme Court asking the Supreme Court to review the decision of a lower court. The Ferguson Petition for Writ of Certiorari, which sought review of a decision by the intermediate appellate court of Florida, was denied.
FORMER FINANCE MINISTER LOSES AGAINST AG
Former Finance Minister Karen Nunez – Tesheira’s case to challenge the new Civil Proceedings Rules of the Supreme Court was dismissed. The AG was responsible for attaining and defending the constitutional challenge as well as the rules committee of the Supreme Court. The matter was heard before Justice Kokaram and the AG was successful in defending the claim of the former Minister of Finance and upholding the constitutionality of the Civil Proceedings Rules.
INTERNATIONAL LAW AND HUMAN RIGHTS
We have maintained a high rating in the area of International Law and Human Rights. Trinidad and Tobago completed its first ever Universal Periodic Review before the United Nations Human Rights Council.
At the review, Trinidad and Tobago received high commendations for our achievements in education, women’s rights, achievements under the Millennium Development Goals, and advancements in the reduction of extreme poverty. In March 2012, Trinidad and Tobago’s National Report was officially adopted by the Human Rights Council.
APPOINTMENT OF COMMISSIONERS OF AFFIDAVITS
After 18 years in the wilderness, new Commissioners of Affidavits (COAs) and Justices of the Peace have been finally appointed for the island of Tobago. The last COA for Tobago was appointed in 1995. This alienation of Tobago negatively impacted on the Administration of Justice but citizens in our sister isle will now have access to these important services.
APPOINTMENT OF MARRIAGE OFFICERS
Over 100 new marriage officers have been appointed throughout Trinidad and Tobago. They were chosen from all faiths and different parts of the country with an eye for diversity and equality.
MOTION OF NO CONFIDENCE DEFEATED
A constant thorn in the side of the Opposition, AG Ramlogan defeated a censure motion brought against him by Leader of the Opposition Dr. Keith Rowley.
His ministerial colleagues and MPs voiced their support of the Ministry of Attorney General under the stewardship of AG Ramlogan during the past two and a half years.
THE ESTABLISHMENT OF THE CABILDO LAW MUSEUM
In the 2011/2012 fiscal period, the Ministry undertook to refurbish the old Cabildo building at No. 6 Sackville Street, Port of Spain, which for years had been left in a state of dilapidation. Furthermore, the Ministry, with guidance from the Historic Restoration Unit at the Ministry of Works, decided to use the building, which is itself a historical monument, to house replicas of the Spanish colonial furniture, documents and other items of display relevant to the work of the Cabildo in that time.
On August 22, 2012, the newly-restored and renovated old Cabildo Building, Sackville Street, Port-of-Spain, was reopened as the Cabildo Law Museum. The building, a national heritage site, was restored by the Office of the Attorney General, whose Cabildo Chambers offices are annexed to it.
The museum is a facility where the chronicles of the evolution of T&T’s legal system and the history and work of past Attorneys general would be stored for the benefit of all generations henceforth.
KEY LEGISLATION DEBATED BY THE ATTORNEY GENERAL
- The Administration of Justice (Deoxyribonucleic Acid) Bill, 2011
- The Administration of Justice (Electronic Monitoring) Bill, 2011
- The Administration of Justice (Indictable Proceedings) (Amendment) Bill, 2012
- The Administration of Justice (Indictable Proceedings) Bill, 2011
- The Anti-Gang Bill, 2010
- The Appropriation (Financial Year – 2012) Bill, 2011
- The Appropriation (Financial Year 2011) Bill, 2010
- The Appropriation (Financial Year 2013) Bill, 2012
- The Bacteriological (Biological) and Toxin Weapons Bill, 2011
- The Bail (Amendment) Bill, 2010
- The Central Bank (Amendment) Bill, 2011
- The Children Bill, 2012
- The Constitution (Amendment)(Capital Offences) Bill, 2011
- The Evidence (Amendment)(No.2) Bill, 2010
- The Exchequer and Audit (Amendment) Bill, 2012
- The Finance (Supplementation and Variation of Appropriation) (Financial Year 2011) Bill, 2012
- The Finance Bill, 2012
- The Financial Intelligence Unit of Trinidad and Tobago (Amendment) Bill, 2011
- The Financial Intelligence Unit of Trinidad and Tobago (Amendment)(No.2) Bill, 2011
- The Interception of Communications Bill, 2010
- The Miscellaneous Provisions (Defence and Police Complaints) Bill, 2013
- The Miscellaneous Provisions (Financial Intelligence Unit of Trinidad and Tobago and Anti-Terrorism) Bill 2012
- The Miscellaneous Provisions (Kidnapping and Bail) Bill, 2010
- The Miscellaneous Provisions (Remand) Bill, 2010
- The Purchase of Certain Rights and Validation Bill, 2011
CENTRAL AUTHORITY UNIT
The Central Authority Unit is the designated authority responsible for issuing, receiving and executing mutual legal assistance requests.
The second key role of the Central Authority Unit is the execution of extradition requests. This is a two-fold function which entails the making extradition requests by Trinidad and Tobago as well as the receipt of extradition requests from foreign governments.
The work of the Central Authority Unit is contingent on the number of requests for Extraditions and Mutual Legal Assistance made to and by Trinidad and Tobago. The work of the Unit is facilitated in large measure by the various arms of the Trinidad and Tobago Police Service including INTERPOL, the Anti-Corruption Investigation Bureau (ACIB) and the Financial Investigation Branch.
EXTRADITION REQUESTS
The CAU, under the purview of the Attorney General was instrumental in the extradition of Andy Nelson to the United Kingdom on the 14th September 2012 to face criminal charges for conspiracy to supply and import cocaine. On 1st February 2013, Nelson pleaded guilty in the UK to both charges.
The CAU was also responsible for the extradition of Gary Govindass in February 2012 to face charges relating to the kidnapping of Vedesh Mohan. On 5th August 2013, Gary Govindass pleaded guilty to conspiracy to commit hostage taking.
In recent times, the CAU successfully represented the interests of the United States of America in obtaining the extradition of Doreen Alexander-Durity to face charges relating to the kidnapping and murder of a US citizen, Balram “Balo” Maharaj. Doreen Alexander-Durity was surrendered to the US authorities on the 31st March 2013 and is currently awaiting trial in the US.
In a press release dated 3rd April 2013, issued by the US Embassy, the US Embassy recognised the “valuable assistance of the Government of T&T, especially the Attorney General, Anand Ramlogan, in effecting this extradition.”
On 31st July 2013, the Attorney General signed the extradition order clearing the way for Keron Pierre to be extradited to the United States to face charges relating to a triple homicide and attempted murder. It is alleged that in 2009 outside a house party in Boston, Pierre, armed with a semi-automatic handgun, fired into a car containing the four victims. Pierre was extradited to stand trial for these charges on the 23rd August 2013.
Recently on the 29th October 2013, the Attorney General issued an Authority to Proceed signifying to the Chief Magistrate that a request had been made by the US for the extradition of Edmund Quincy Muntslag and requiring the Chief Magistrate to commence extradition proceedings. Extradition proceedings are currently ongoing.
Muntslag is wanted in the US for Conspiracy to import and distribute cocaine. Muntslag is named in the US indictment together with Dino Bouterse (son of Surinamese President Desi Bouterse). Bouterse is also charged in the Indictment with possession of an antitank weapon. According to DEA Special Agent in Charge Derek Maltz in a US DOJ press release dated 30th August 2013 “ Bouterse is a significant drug trafficker who allegedly possessed dangerous weapons. Bouterse has a history of drug and weapons trafficking, having been convicted of similar charges in his home country of Suriname in 2005.”
On Monday 30th December 2013, Attorney General Anand Ramlogan successfully facilitated the return of Raymond Francis, a national of Trinidad and Tobago, from Canada to face a $5.5m fraud charge in Trinidad. Francis was also wanted in Tobago in relation to sixty-nine (69) unrelated criminal tax offences.
The fraud charge stemmed from an alleged forgery of a letter from the Sport and Culture Fund which contained instructions for the transfer of the sum of $5.5m TTD into an account held jointly in the names of Raymond Francis and his wife, Gail Francis.
This court matter is currently ongoing.
The Central Authority Unit under the direction of the Attorney General Anand Ramlogan, worked assiduously with authorities from the United Kingdom in order to facilitate the apprehension of Jason Anthony Nelson. Nelson was arrested on the 16th October 2013 under a Provisional Warrant of Arrest. He was later brought before the Chief Magistrate and remanded into custody without bail
Nelson is wanted in the United Kingdom for offences of murder, rape and sexual assault which are all alleged to have occurred on the 26th May, 2013 in the United Kingdom.
An Authority to Proceed was issued by the Attorney General on the 11th December 2013 requiring the Chief Magistrate to commence extradition proceedings. Nelson is currently in custody awaiting extradition proceedings.
MUTUAL LEGAL ASSISTANCE REQUESTS
The CAU has successfully facilitated numerous requests for mutual legal assistance in criminal matters. Requests for legal assistance were received from territories such as the US, the UK, Dubai, St. Vincent and the Grenadines, Netherlands, St. Lucia and Canada.
Additionally, the CAU made several requests to overseas territories for assistance in providing the Trinidad and Tobago Police Service (TTPS) and the DPP with evidence required for ongoing investigations or prosecutions. Requests for assistance were made to Malaysia, Guyana, Jamaica and the British Virgin Islands.
The Attorney General, through the CAU, provided legal assistance and practical cooperation in relation to David Migliore under the Mutual Assistance in Criminal Matters Act and Treaty. Migliore was charged in the US with tax evasion and failing to file tax returns on approximately US$4m.
According to a release from the U.S. Attorney’s office dated 13th December 2013, Migliore, 50, pleaded guilty before the U.S. District Court to one count on the indictment charging him with evading taxes on his 2011 tax return, stemming from the Island Club Casino based in Trinidad.
According to court documents, from 2009 to 2011, Migliore earned millions of dollars from Island Club Casino, resulting in taxes due of $1,286,657. During that time, Migliore took steps to conceal his income and assets from the IRS. At his guilty plea proceeding, Migliore admitted to using unreported bank accounts in Trinidad to deposit personal income; using U.S. bank accounts in the names of his New Jersey business entities to receive income from Island Club Casino; and using those business entities to pay for personal expenses.
Migliore also admitted to transferring income from Island Club Casino directly to vendors in the U.S. for personal expenses and directing Island Club Casino employees to send his income through Western Union to individuals in New Jersey who collected the cash on his behalf.
The tax evasion count to which Migliore pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss arising out of the offense together with the costs of prosecution. Sentencing is scheduled for March 20, 2014.
Pursuant to the plea agreement, Migliore agreed to pay restitution of $1,286,657 to the IRS.
FINANCIAL ACTION TASK FORCE
The AG has played a pivotal role in ensuring that Trinidad and Tobago satisfies the requirements of the World Financial Action Task Force. He has committed the Ministry to the task of drafting tough laws to tackle the problem of money laundering, the financing of terrorism and financial crimes. He has led Government delegations comprising representatives from the Financial Intelligence Unit (FIU), the Central Bank, the Securities and Exchange Commission and the Ministry of National Security and Finance at FATF meetings abroad where he addressed the plenary session and successfully advocated Trinidad and Tobago’s case.
UNIVERSAL PERIODIC REVIEW
At the review, Trinidad and Tobago received high commendations for our achievements in education, women’s rights, achievements under the Millennium Development Goals, and advancements in the reduction of extreme poverty. In March 2012, Trinidad and Tobago’s National Report was officially adopted by the Human Rights Council.
REGIONAL SEMINAR
In March 2013 the Ministry of the Attorney General in conjunction with the Commonwealth Secretariat, hosted a Regional seminar for Parliamentarians on their role in the Promotion and Protection of Human Rights in the Caribbean.
UNITED NATIONS CONVENTION AGAINST CORRUPTION
Trinidad and Tobago has completed its first evaluation under the United Nations Convention against Corruption (UNCAC) which culminated in the publication of the executive report at the Conference of State Parties in Panama City, Panama. Part of this evaluation process involved hosting Officials from the United Nations Office on Drugs and Crime as well as UN Experts from Palau and Argentina in Trinidad and Tobago. They conducted interviews with relevant stakeholders such as Government Officials involved in Anti-Corruption, independent bodies like the Police Complaints Authority and the Integrity Commission as well as Civil Society through the local Chapter of Transparency International. This visit was facilitated by the Attorney General through the ILHRU.
PUBLIC AWARENESS/ LECTURE FOR UWI STUDENTS
The ILHRU recently conducted a lecture for both undergraduate and postgraduate students from the University of the West Indies on international law and Anti-Corruption Mechanisms in Trinidad and Tobago.
AMNESTY INTERNATIONAL MEETS AG
The AG continues to share a close working relationship with several key international organizations such as Amnesty International and The International Press Institute. He has met with international delegations from these organizations to discuss matters of mutual concern and explained the countries position on critical issues and provides support for the advocacy of international issue to which the Government is committed.
The AG successfully piloted a Bill to abolish malicious defamatory libel.
IPI praised the Government’s commitment to a free and fair press and commended its stance on this matter which eliminates the possibility of journalists being charged and prosecuted for malicious defamation.
CIVIL CHILD ABDUCTION AUTHORITY
A Civil Child Abduction Authority has for the first time been established at the MOAG pursuant to the Hague Convention.
To date Trinidad and Tobago has partnered with 48 countries in the world to protect the rights of Children. Discussions between AG Ramlogan and the US Government through Ambassador Susan Jacobs, the US Department Special Adviser on Children’s issues led to a partnership which culminated in the historic signing by both countries of the 1980 Hague Convention on August 1, 2013
Since its establishment, the Unit has successfully facilitated the return of several children who were abducted. It has provided legal assistance and representation to numerous families.
SURAL ARBITRATION
Sural Barbados Limited has sued the government for over $700 million dollars over the controversial aluminium smelter plant project. The AG will testify on behalf of the State in this arbitration (just as he did in the OPV arbitration). The Government has filed a robust defence based on the failure of Sural to pay its share of the capital call made by Alutrint during 2007. This is a complex commercial international arbitration and the AG is committed to defending and protecting our country’s interest in this matter.
AG WINS CASE FILED BY THE INDEPENDENT LIBERAL PARTY
The Court of Appeal comprising Justices of Appeal Allan Mendoca, Gregory Smith and Prakash Moosai dismissed the appeal filed by the Independent Liberal Party (ILP) supporters Mr. Stephen Mitchell and Dayne Evan Francois and ordered them to pay the legal costs of the State in the Constitutional Amendment Bill with the run off provision. Newly appointed Deputy Political Leader Rekha Ramjit appeared for the ILP whilst Attorney General Ramlogan appeared for the State with Zelica Haynes Soo-Hon. This comes on the heels of the judgment of Justice Frank Seepersad who also upheld the Attorney General’s submissions and dismissed the claim in the High Court.
In his address to the Court, AG Ramlogan stated that the claim was speculative, academic and premature. He said the evidence was weak as Mr. Mitchell had not yet even been declared a candidate for the ILP and even if he was, there was no guarantee that anyone would vote for him. Farless, whether a run-off would be necessary.
Ramlogan told the Court that it would be an impermissible intrusion on Parliament’s right to pass laws and it would be improper for the Court to grant pre-emptive relief designed to influence the outcome of the debate or legislation. He submitted that Members of Parliament were entitled to freedom of political expression in the Parliament and this was expressly protected by the Constitution to such an extent that they could be sued for anything said during debated as it was considered privileged.
Deputy Political Leader of the ILP argued that the Bill if passed would deny her client the opportunity to challenge the law in time for the general elections. Mendonca, JA commented that the next general elections were not due until September 2015 and said the Court could not speculate on when general elections will be called. Ramlogan denied that the Bill deprived any citizen of a constitutional right and reserved to the position of the State on this issue in the event if it became necessary to argue the questions.
The Court agreed to the submissions of the AG Ramlogan and delivered an oral judgment, dismissing the Appeal with costs.