WASA drops appeal against manager in case over misconduct, political interference

THE WATER and Sewerage Authority (WASA) has withdrawn its appeal of a judge’s ruling which found “credible evidence of misconduct” and an apparent attempt to pervert the course of justice in the authority’s handling of an internal investigation triggered by a former minister.

On May 20, WASA’s attorneys notified the court of a notice of discontinuance filed the day before, “wholly” withdrawing its appeal.

In November 2024, Justice Nadia Kangaloo ordered the release of information to WASA’s internal investigator, Lancelot Lezama, who claimed there was a conspiracy to pervert the course of justice in the probe involving an allegation made by former Public Utilities Minister Marvin Gonzales against WASA employee, Cecil Matthews.

Matthews had been accused of allowing a non-WASA employee to drive a WASA vehicle. It was alleged that Gonzales was an “eyewitness” to his breach.

On February 9, 2021, Lezama was appointed the investigator to look into the allegation against Matthew.

He claimed he was instructed by a manager at the authority to tell Matthews that a “high official” outside WASA had witnessed the alleged breach and that Matthews would receive leniency if he co-operated. He was also reportedly advised not to pursue a witness statement from the minister.

According to Lezama, he refused to compromise his integrity by concluding wrongdoing without proper evidence. Lezama described the disciplinary proceedings as “vexatious, frivolous and without substance,” claiming they were pursued to appease Minister Gonzales. After submitting his report, he said he was asked by another senior manager to remove the conclusion and recommendation sections.

In his lawsuit, Lezama said he was summoned by then-CEO Dr Lennox Sealy, who questioned him about the report and expressed concern over his use of the phrase “absolved of any wrongdoing or liability.”

Lezama said he insisted this wording was consistent with his past investigative reports and reiterated that there was no evidence supporting the allegation.

The next day, Lezama wrote to Sealy requesting an audit report mentioned during their meeting, suspecting he was being pressured to “falsify” his findings to support the minister’s version of events.

He said the report was never provided.

The disciplinary proceedings against Matthews were ultimately dropped by letter dated June 9, 2021, and Matthews received compensation for lost earnings after agreeing to withdraw legal action.

In his freedom of information application, Lezama requested documents including the minutes of his meeting with Sealy, Sealy’s employment contract and remuneration details, and any records of disciplinary action taken against the senior managers.

Kangaloo ruled that the documents must be disclosed, subject to redactions of personal information, stating there was a “prima facie case for further scrutiny.”

She said, “Transparency in how public funds are managed is fundamental, particularly in cases involving alleged manipulation or misconduct by officials.”

She held that WASA’s concerns about disclosure were speculative and did not override the public interest in accountability. She ordered the release of Sealy’s employment contract and remuneration terms, unredacted letters involving the WASA officials Kawal Chun and Marielle Hilaire, and a summary of misconduct allegations against them.

At the time, the opposition MP Barry Padarath criticised Gonzales.

“While the minister has told us to eat less macaroni pie and ham, our taxpayers’ dollars are jumping up to pay out legal costs and settlements for political persecution and victimisation.

“WASA will have to fork out millions of dollars to pay a former WASA employee for political persecution and victimisation.”

Also commenting on the ruling was the Public Services Association (PSA), which said the judge’s ruling affirmed the right of public workers to act with integrity without fear of political or managerial retaliation.

The PSA praised Lezama’s refusal to yield, calling it “a victory for justice and ethical public service.”

“This judgment exposes disturbing levels of interference and misconduct within WASA,” the union said.

“That public officials would pressure an investigator to falsely implicate a worker is deeply troubling.”

The PSA called for immediate accountability from WASA’s current CEO Keithroy Halliday. At the time, the PSA criticised the then-government’s restructuring of WASA, saying it unfairly targets frontline workers while protecting high-level executives.

“No minister has the right to interfere in WASA’s operations,” the PSA stated.

“This ruling is a strong message that workers must not be scapegoated and that due process must be upheld.”

At a post-Cabinet media briefing on May 15, Prime Minister Kamla Persad-Bissessar said her government decided to scrap the transformation plan. Attorneys Anand Ramlogan, SC, Kent Samlal and Ganesh Saroop represented Lezama, while Russell Martineau, SC, Vanessa Gopaul and Elena Araujo represented WASA.