Maharaj: Police entitled continue A&V probe but...

ATTORNEY Ramesh Maharaj said the police is entitled to continue its investigation into his client Hanif Nizam Baksh and A&V Oil and Gas and the now defunct Petrotrin, but he will be looking out for any abuse of power in this regard.

Maharaj’s reaction follows statement by Commissioner of Police Gary Griffith of the ongoing police investigation into the alleged “fake oil” scandal although an arbitration panel has ruled in favour of his client against Petrotrin.

Responding to a query from the Newsday about the validity of the police continuing this investigation given the ruling, in an e-mail copied to Griffith and Director of Public Prosecutions Roger Gaspard, Maharaj said the police is always entitled to investigate anyone.

“Police investigations which do not have any merit would entitle the aggrieved individual to redress in law including aggravated and punitive damages.

“The police has its job to do and I, as the attorney at law for A&V, would certainly do my duty if it becomes necessary that the police abuses and/or misuses its powers.”

The arbitration panel ruled in favour of A&V and awarded the sum of $84 million held in escrow, plus damages still to be determined.

Griffith said, at a news conference on Monday, the police investigation into the allegations were continuing.

He said the decision of the arbitrators that Petrotrin failed to prove the company engaged in any inappropriate practices had nothing to do with the police investigation.

He said the police legal department was looking to engage an independent reservoir of engineering experts to assist in several areas including a forensic investigation to validate the legitimacy of crude quantities.

Petrotrin terminated its contract with A&V to explore and extract crude oil from the Catshill Field, Barrackpore for sale to Petrotrin, following revelations in 2017 by Opposition Leader Kamla Persad-Bissessar.

An investigation was triggered after she alleged on a political platform that A&V had overstated its production of oil and was getting away with fraud and misconduct because Baksh was a friend of the Prime Minister and a PNM party financier.

On Wednesday, Maharaj said cheap politics influenced the investigation.

At a news conference, Maharaj underscored that the majority decision of the panel of arbitrators spelled out in Article 36 of the contract, “shall be final and binding, shall not be subject to review or appeal and the parties agree to waive their right to any form of review, appeal or recourse to any State Court or other judicial authority insofar as such waiver may be validly made.”

The esteemed panel of arbitrators included Petrotrin’s appointee, Justice Humphrey Stollmeyer, retired Judge of the Judicial Committee of the Privy Council, Lord David Hope appointed by A&V and the selection by both parties of former president of the Caribbean Court of Justice Sir Dennis Byron who also chaired the panel.

“I would advise the police to obtain from the State a copy of the decision given by Sir Dennis Byron, Lord Hope and Justice of Appeal Stollmeyer in respect of the allegations made by Petrotrin against A&V and Mr Hanif Baksh.

“Both the Constitution and the common law provide remedies which A&V and Mr Baksh can get against both the police officers themselves and the State which remedies include damages for misfeasance in public office.”