Warner Group appeals judge's decision in illegal mining case

THE Warner Group of Companies has appealed a judge’s refusal to approve an application it is seeking.

The group, a quarry operator, is owned by Allan Warner, a friend of the Prime Minister.

It wants the police to vacate its Wallerfield plant and return multi-million-dollar quarry equipment and machinery they seized as part of a complex illegal mining probe.

At a status hearing of Warner’s constitutional claim on September 3, Justice Frank Seepersad was told a procedural appeal had been filed earlier in the day and was expected to be served on the State.

He is presiding over a lawsuit filed by five companies in the Warner Group – Warns Quarry Co Ltd, Warner Construction and Sanitation Ltd, Inez Investments Ltd, Pres-T-Con 2021 Ltd and Allcrete Ltd – and 12 people charged with illegal mining

September 3’s hearing was a status hearing. Another will be held on November 11, after Warner’s attorneys and those for the Attorney General and the Director of Public Prosecutions file evidence and objections.

Warner, his son Aluko, and 11 others were charged with offences arising out of illegal quarrying in two separate police operations on December 2, 2023, at Vega de Oropouche, Sangre Grande, and on May 2, 2023, at Moonan Road, Wallerfield. They remain on bail pending the hearing of the criminal charges.

Attorney Farai Masaisai and Christopher George represent Warner and the others.

Attorneys Jason Mootoo, SC, and Tamara Toolsie appeared for the Attorney General. Ian Benjamin, SC, Tekijah Jorsling, Vincent Jardine and Akeenie Murray appeared for the DPP.

At September 3’s hearing, Mootoo took issue with the claimants’ reliance on affidavits filed in the interlocutory application to vacate the plant and return the quarrying equipment.

He said this would lead to the State having to make unnecessary evidentiary objection applications to hearsay claims. Mootoo called for compliance with the rules of evidence, since all parties had a duty to manage the case efficiently and conserve the court’s resources.

“We couldn't take objection at the interlocutory stage, because the matter was deemed urgent. But when it comes to the full trial, it is a horse of a different colour. For him to say we are being presumptive…The better progress is to comply with the requirements for a trial.”

Benjamin supported this position, urging against the ”squandering of judicial time.”

Masaisai said a notice would be filed indicating the paragraphs his clients were relying on at the full trial.

In an oral ruling on August 21, Seepersad rejected the group’s application, saying, "In this society, lawlessness is rampant and there is a culture that connections will always circumvent the need for due process. However, this court will always adopt a no-tolerance approach to any possible unlawful conduct."

He stressed the public interest in illegal, unregulated mining, saying it could have damaging environmental effect such as silting up waterways and causing flooding.

Seepersad also said reasonable time should be given for investigative processes.

He said he could not disregard the fact the charges against the claimants were still before a magistrate, including an application there for the return of an excavator.

He also said the police had deposed that several items seized, such as cellphones, tools and a trash pump, have already been returned.

Hence the court felt "the prosecuting authority is acting in good faith and is not behaving in a manner which is oppressive and unreasonable."

The judge said while he appreciated the "economic loss" to the Warner companies, as they have not been able to operate without key equipment or access to the site, they can be compensated if the charges are eventually dismissed and they can establish that they were maliciously prosecuted.

"A constitutional court must act with caution and should not pre-empt any legitimate investigative process. Nor should it interfere with the reasonable and/or rational exercise of investigative and prosecutorial discretion," Seepersad said.

He said where alternative remedies are available to the claimants, a constitutional claim should only be maintained where special features justified the invocation of the court's constitutional jurisdiction.

Seepersad said there were "no exceptional circumstances which would warrant any interference with the ongoing criminal proceedings and/or with the investigative processes which are being engaged."

He said Warns Quarry Co Ltd had not provided any evidence to show it had the relevant clearance under the Minerals Act to process aggregate when the charges were filed, and a licence granted by the Ministry of Energy and Energy Industries on June 18 did not have retroactive effect.

The judge also referred to a licence Commissioner of State Land Paula Drakes granted on May 24 authorising Warns Quarry to occupy 16.6 hectares of land at Wallerfield after the criminal charges were laid, but said there was no information before him to show any connection with an existing lease Moonan granted to Pres-T-Con 2021 to occupy ten acres of the same property.

He said the documentary evidence shows the lease to Pres-T-con does not vest Warns Quarry "with any right to exclusive possession of the Moonan property," and the same licence acknowledges the State is the landlord.

Background

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.

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 excavator has since been returned to Massy Machinery Ltd after a magistrate's ruling.

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

Aluko Ato Warner, Robert Wilson, Reuben Maprangala, Ricky Joseph, Corey Charles, Deon George, Shastri Mahadeo and Kimal Williams were charged 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.