PM’s friend sues State after charges: Cops out to cripple me

DAYS AFTER police shut down an aggregate processing plant in Wallerfield owned by the Warner Group of Companies for operating without a licence, the Ministry of Energy and Energy Industries granted the company temporary permission to operate the plant.

The disclosure was made in a July 10 lawsuit filed by Warns Quarry Co Ltd, Warner Construction and Sanitation Ltd, three other companies under the Warner Group and 12 individuals against the Attorney General and the Director of Public Prosecutions. The lawsuit claims an unlawful conspiracy by the police to "cripple" Warner companies.

The Warner Group, founded by Allan Warner, has substantial businesses in TT. Warner is a close friend of the Prime Minister.

Officers of the Multi-Agency Task Force charged Warner, his son Aluko Ato Warner and 11 other people with illegal mining offences stemming from two separate operations on December 2, 2023, in Vega de Oropouche, Sangre Grande and on May 2, at Moonan Road, Wallerfield.

Police took control of the wash plant at Moonan Road, off Agua Santa Road, Wallerfield, after the May 2 raid and confiscated excavators and other machinery.

The Warners' court action is aimed at getting back access to their property and resuming operations.

The matter is listed to be heard before Justice Frank Seepersad on July 17.

Several interim orders are being sought, including getting the police to vacate the property at Wallerfield and the return of heavy equipment used in the quarry business, including an excavator, a caterpillar, trucks, a crane, a land barge, cellphones and a variety of tools.

They claim the police operation at Wallerfield followed a report made by the Environmental Management Authority (EMA) to the police and the company was not afforded an opportunity to be heard by the EMA. The failure to respond to a request for details on the complaints received by the EMA prompted the Warners' to conclude "their silence is deafening and shows how they are unable to respond to their unlawful actions."

A temporary mining operating licence granted to Keon Warner, CEO of Warns Quarry Co Ltd, signed by the permanent secretary of the Ministry of Energy and Energy Industries on June 18, granted a processing licence for 16.66 hectares of state lands at Moonan Road, Agua Santa, Wallerfield.

The application for the licence was made on June 5.

The permission states: "Given the importance and critical role played by Warns Quarry Co Ltd with respect to the supply of sand and gravel aggregate for highway construction and for the local market, you are conditionally authorised to undertake mineral processing operations, pending the processing of your application for Processing Licence. This permission is valid until December 31, 2025."

A licence agreement between Warns Quarry Co Ltd and Commissioner of State Lands Paula Drakes, dated May 20, granted the company permission to occupy and conduct industrial activities at the Wallerfield site. That agreement was signed by Allan Warner and Keon Warner as directors of the company.

In the lawsuit, Warner's attorneys said they wrote to Commissioner of Police Erla Harewood-Christopher on June 24, saying the company had permission to "undertake mineral processing" at Wallerfield, and demanded the return of the equipment seized on May 2.

They claim the search warrant which authorised the police raids on December 2, 2023, and May 2 "were not based on any reasonable suspicion, nor were the warrants which authorised the seizure of several cellphones."

They claim the police action to obtain the warrants was unconstitutional, unlawful, arbitrary and an abuse of power.

They also claim, as a result, the granting of production orders to examine their financial records is null and void and contravened their constitutional rights.

The Warners argue the police action has also deprived them of their constitutional right to enjoyment of their property and while they acknowledge the police service has the responsibility to investigate crime, it cannot justify the "inordinate delay in its investigations."

They allege malice in the police investigations, claiming senior police officers made "blatant and outrageous statements" that "they will cripple all of our operations.

"The police officers gave the impression that they will continue to attack the applicant/claimant companies and further their campaign of harassment and intimidation," the lawsuit said.

They claim an unnamed police officer told one of their employees that "a serious attack on our organisation in Tobago is on the rise."

The Warners contend the police "ought to act fairly and carry out their duties lawfully.

"These statements, which were made by officers, places the TTPS into disrepute as it shows their heavy-handed approach in their investigations against the applicants/claimants by pre-determining the alleged offences."

The lawsuit said two of Warner's companies – Warner Construction and Sanitation Co Ltd and Pres-T-Con 2021 Ltd – "are engaged in several government contracts for the supply of construction services.

"There is a possibility that the criminal proceedings against the employees and the widespread media coverage will prevent the applicant/claimant companies from continuing and obtaining future government contracts as their good reputation has been maligned unfairly.

"The actions of the TTPS were oppressive, excessive, high-handed, an abuse of authority and without lawful jurisdiction.

"The applicants/claimants were deliberately targeted and ambushed on three separate occasions without being given an opportunity to be heard. "This was orchestrated by the TTPS and was not supported by any legal basis. The TTPS has an agenda against the applicants. This is unlawful and is to be condemned."

It said a balance must be struck between the applicants' right to the enjoyment of their property and the right of the police to carry out investigations.

It added, "There must be a limitation for the time the TTPS is allowed to seize property and conduct investigations. It is unfair that no time frame was provided to the applicants/claimants on when their property will be returned. The delay is unreasonable and inordinate."

The charges

Four men were held for illegal quarrying after a police operation at an area known as Five Acres, Vega de Oropouche, Sangre Grande, on December 2.

Quarry manager Willinsque Tobias, Aaron Neptune and excavator operators Rudy Sahai and Ahmeed David were each granted $50,000 bail after they were charged by officers of the Multi-Agency Task Force led by ASP Leon Haynes.

A 40-tonne excavator and a 20-tonne excavator, among other equipment, were seized during the police operation and taken to the regiment's Camp Cumuto for safekeeping.

One of the excavators has since been returned to Massy Rentals after a ruling by the magistrate.

The men are to reappear before a Sangre Grande magistrate on August 9.

On May 2, eight men were charged with processing minerals without a licence after police raided a washplant on Moonan Road, off Agua Santa Road, Wallerfield.

Cpl Terrence Nowbutt jointly charged Aluko Ato Warner, Robert Wilson, Reuben Maprangala, Ricky Joseph, Corey Charles, Deon George, Shastri Mahadeo and Kimal Williams with processing minerals without a licence. They were granted bail of $75,000.

On July 4, Allan Warner, founder of the Warner Group, was charged with processing minerals without a licence and released on $100,000 bail.

These nine accused are scheduled to appear before an Arima magistrate on July 19.