Warner Group's lawsuit in illegal mining case goes to January

A major point of contention emerged over the qualifications of a proposed expert witness in the ongoing civil case of Warner Group of companies, owned by Allan Warner, the Prime Minister's friend, at a procedural hearing on November 11.

There was also an admission attorneys for the state are encountering “issues” in getting a witness from the Environmental Management Authority (EMA) on affidavit.

Justice Frank Seepersad was apprised of the developments in the case which has been adjourned to January 14, 2025, since a procedural appeal is still resolved.

The outcome of the November 25 procedural appeal may set the stage for the case’s future trajectory. In that appeal, the Warner Group has challenged a judge’s refusal to approve an application for 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.

The lawsuit before Seepersad was 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.

At the hearing, attorneys for the Director of Public Prosecutions (DPP) said a response affidavit was filed but Warner’s attorney, Farai Hove Masaisai, said his team have not had an opportunity to go through it. Masaisai said the procedural appeal was set for November 25.

Seepersad asked Masaisai if the matter should be put on hold until the appeal or if he wanted to reply to the affidavits. Attorneys for the Attorney General (AG) asked for an extension of time to file responses.

Senior Counsel Jason Mootoo, for the AG, also said an application was filed for an expert witness in addition to seven or eight more affidavits being filed for the State. He also admitted there were issues getting a witness from the EMA to go on affidavit. Mootoo said this evidence would be material. In a move to streamline proceedings, the judge granted an order for a witness summary to be provided for the EMA official.

The court suggested that a formal letter be sent to inform the witness of an impending summons, contingent upon securing a trial date. Indicating a desire to avoid protracted litigation, he also allowed the application on the expert witness despite objections from Masaisai.

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.

Christopher George and Chelsea Edwards also appear for the Warner Group while Tamara Toolsie, Alana Mohan and Dana Singh also represent the AG. Senior Counsel Ian Benjamin, Tekiya Jorsling and Rachael Wright appear for the DPP.