Moonilal: AG, EMBD engaged in political persecution

FORMER Housing Minister Dr Roodal Moonilal has taken issue with a release by the Attorney General and one by the Estate Management Business Development Company (EMBD) on the Privy Council's refusal to allow a group of contractors to have their complaints of the multi-million dollar cartel claim against them heard in the apex court.

The AG and EMBD issued identical statements on October 22.

On October 23, Moonilal described the statements as a “desperate act of political persecution.”

Moonilal pointed out he was not a party to the appeal.

“Curiously while I was not a party to those proceedings, both the Office of the Attorney General and the EMBDC, a state company, introduce my name and both state ‘The appellants and Dr Moonilal who have avoided filing their respective defences for approximately seven years…’

“I take this opportunity to state categorically that I have never ‘avoided’ filing a defence in this matter.

“That is further political mischief by two political organisations.”

He said his defence was prepared “years ago.”

He has until November 15 to file it by order of presiding judge, Justice Frank Seepersad.

Moonilal said given that named companies took action to strike out the claim, “it was deemed prudent to await the outcome of those matters which could have impacted the claim by the EMBDC.”

He added, “In fact, remarkably, the lawyers for the EMBDC agreed that filing defences would be best after the final ruling on those matters.

“I wish to remind the public that this is a civil claim brought by the Attorney General, a political functionary.

“This is NOT a criminal matter! This is a case of the PNM v Roodal Moonilal!

“To this day, I have never been even questioned or interviewed by the police on any matter related to the EMBDC.

“In fact the police is embarrassed by the political manipulation and misleading posturing on this matter.”

The Opposition MP said the civil claim had been the focus of the Prime Minister and his ministers “for several years on the political platform and within the Parliament.

“This is Rowley’s last desperate act of political persecution.”

He added that he remains “anxious to defend myself in this matter at the appropriate time.

“I repeat, this was not my application so the order doesn’t affect my defence.

“It was an application by contractors for further and better particulars of the allegations made against their companies. The ruling clears the way for the matter to progress and in due course, justice will be allowed to take its course.”

He also said the EMBD has not provided audited financial records for seven years.

Several others have already filed their defences except for contractors TN Ramnauth, Mootilal Ramhit and Sons Contracting Ltd, Fides Ltd and Kall Company (Kallco), who, on April 30, appealed a ruling of the Court of Appeal to uphold a judge’s refusal to strike out the case against them.

In their ruling in January, Justices of Appeal Charmaine Pemberton, Peter Rajkumar and Vasheist Kokaram upheld a 2020 decision of Justice James Aboud to allow the EMBD’s case to proceed. In August 2020, Aboud dismissed preliminary applications by the five contractors to have the EMBD detail allegations against them so they could fairly mount their defence, or strike out the claims.

The substantive lawsuit centres around 12 contracts for the rehabilitation of roads and infrastructure granted to five contractors before the September 2015 general election.

The contractors – TN Ramnauth and Company Ltd; its CEO Taradauth Ramnauth; Kall Co and Mootilal Ramhit and Sons Contracting Ltd – had initiated proceedings against the state-owned special purpose company for the almost $200 million balance owed on their respective contracts.

The EMBD countersued the contractors, claiming they conspired with Moonilal, former EMBD CEO Gary Parmassar, ex-divisional manager Madhoo Balroop, and engineer Andrew Walker to corruptly obtain the contracts. Also sued by EMBD are Fides Ltd, Namalco Construction Services Ltd and LCB Contractors Ltd.