Privy Council to rule on Petrotrin/Malcolm Jones matter tomorrow

The Privy Council is on Monday expected to give its decision in the appeal by a UNC activist who is seeking copies of witness statements used by the State to discontinue the multi-million dollar lawsuit against former executive chairman of Petrotrin, Malcolm Jones.

The decision is expected to be delivered on Monday, according to a notice on the Privy Council’s website.

In the appeal, UNC activist Ravi Balgobin Maharaj was seeking disclosure of a judgment in arbitration proceedings between Petrotrin and World GTL over the failed gas-to-liquids plant.

He also wants all the witness statements used in the arbitration proceedings which led to the advice given by British Queen’s Counsel Vincent Nelson that Petrotrin’s claim against Jones for breach of fiduciary duty was not likely to succeed at trial.

Maharaj sought the documents in a freedom of information request, but he was denied the witness statements by Petrotrin although he received the arbitration judgment.

He then filed a judicial review claim challenging the refusual, and lost in both the High Court and Court of Appeal on the basis that he had not shown an arguable ground for judicial review with a real prospect of success.

Maharaj appealed to the Privy Council and according to Maharaj, the witness statements prompted the Attorney General’s decision to discontinue civil proceedings against Jones.

Immediately after the Privy Council’s hearing of the appeal, AG Faris Al Rawi held a press conference, saying he intended to write to the law lords to complain that Maharaj’s attorney, former attorney general Anand Ramlogan, told them “boldface untruths” during the hearing.

He explained that Ramlogan was not being truthful when he said he demitted office as AG in 2014, and when he (Ramlogan) said it was Cabinet who took the decision to initiate legal action against Jones.

At the hearing in March, the law lords expressed “an element of discomfort” over Ramlogan’s appearance in the matter.

One law lord asked if it was appropriate for Ramlogan to be counsel for Maharaj at the hearing, given his political role as AG when the action against Jones was initiated.