‘A shameful abuse of power’

ENERGY MINISTER Dr Roodal Moonilal has described as “shocking and a shameful abuse of power “ a court’s finding against the refusal by the Ministry of Energy and Energy Industries to release a confidential report on the death of Massy Energy pipefitter Allanlane Ramkissoon, who died in a fire at the NiQuan gas-to-liquids plant in 2023.

In a statement on June 7, Moonilal also slammed his predecessor, former minister Stuart Young for the position taken by the ministry.

Moonilal said, “NiQuan was opened by Keith Rowley and Stuart Young with great public celebration and fanfare. It was celebrated as a PNM milestone achievement in the energy sector.

“This explosion at NiQuan claimed the life of a young man with two children. In response to the public outrage over the government’s failure to address health and safety issues at NiQuan, Stuart Young announced an investigation by the Ministry of Energy and promised to release the investigative report to the public in the interest of fairness and transparency.

He added “It is incredible that Stuart Young would backpaddle on his public promise and refuse to disclose this alleged report to the widow who is simply trying to get justice for the death of her husband and father of her two children.

“Young was more concerned about protecting NiQuan than assisting this mother in her quest for justice. They were more concerned about exposing NiQuan to public scrutiny because it would be yet another PNM mega project failure.

“NiQuan is today in receivership owing millions to workers and other stakeholders. Very soon I will speak to the tens of millions of US dollars owed to the people of Trinidad and Tobago by NiQuan.”

Moonilal maintained he had no intention of “perpetuating this type of political arrogance.”

“There will be no cover up and protection by this Government over such scandals. I refuse to sweep such matters under the carpet.

“Had the government not sheltered NiQuan and hid the ugly reality of its creeping corporate collapse, perhaps timely intervention could have saved the company the jobs of workers and Ms Ramkissoon’s husband would have been alive.

“Instead, today, NiQuan has burnt a hole in the balance sheet of local banks and foreign investors to the detriment of the energy sector and the economy. All of this was under the watch of Stuart Young who should hang his head in shame and stop issuing inane statements on energy matters.”

Moonilal said he intends to discuss the matter with Attorney General John Jeremie to bring closure to the “sordid affair.” Justice Avason Quinlan-Williams delivered an oral ruling on June 6.

Ramkissoon, assigned to the NiQuan facility, suffered severe burns while performing maintenance work involving nitrogen purging and steam cleaning.

After his death, his widow, Sarah Ramkissoon, sought legal advice and filed a Freedom of Information Act (FOIA) request in November 2023. She wanted to determine whether legal action for negligence could be taken against either NiQuan or Massy, as her husband had been the sole provider for their two children.

Her FOIA request sought a copy of the ministry’s investigative report, information about the investigation team, the report’s purpose, and any recommendations made to NiQuan and Massy.

The ministry denied the request, citing confidentiality and concerns that disclosure could violate constitutional rights. However, Sarah Ramkissoon’s lawyers argued that the report was essential for justice and accountability, particularly given the seriousness of the incident and the lack of transparency.

According to the evidence, the ministry claimed that the report, finalised in October 2023, contained adverse findings and criticisms of individuals who were not given a chance to respond. It also noted the Occupational Safety and Health Authority was conducting a separate investigation. The ministry claimed the report included sensitive commercial information and trade secrets, and that its release could harm NiQuan’s reputation and financial relationships.

Justice Quinlan-Williams found these arguments unconvincing and lacking in evidence. She held that while the report was not meant for general public release, its disclosure served the broader public interest by shedding light on the ministry’s investigation and findings.

She also criticised the Ministry’s delay in responding to the FOIA request, saying reliance on the Christmas holidays as an excuse was “poor form” and did not justify breaching the statutory deadline.

The judge found the ministry’s explanation that the report’s release would breach the rights of unnamed individuals too vague. She stressed that when exemptions are claimed under the FOIA, the reasons must be specific and clearly reference the relevant sections of the Act.

Quinlan-Williams further noted that the ministry presented no evidence from NiQuan itself to support claims of commercial or reputational harm. She said the ministry failed to properly consider public interest factors. She said the FOIA promoted transparency, accountability, and good governance in favour of disclosure.

She also rejected the argument that the existence of another investigation by the OSH Authority justified withholding the report, noting that the fact that there was another report was of no moment.

In her ruling, the judge said the report was not merely a draft or internal document but one of significant public value. She found that its release would help the public understand how the Ministry investigates serious incidents and regulates companies like NiQuan under the Petroleum Act.

While she agreed there was no public interest in revealing the names of the investigation team, she said the report itself should be disclosed due to the fatal nature of the incident and its wider regulatory implications.

Sarah Ramkissoon was represented by Anand Ramlogan, SC, Kent Samlal, Jared Jagroo, Natasha Bisram, and Aasha Samlal. The Ministry was represented by Russell Martineau, SC, Laura Persad, and Jinai Chong Sing.

Ramkissoon was burned over around 40 per cent of his body, and further injured when he jumped ten feet to escape the flames in the room where he was trapped. Immediately after the incident, the OSH Agency called on NiQuan to stop work at its facility.

In September 2023, former independent senator David Small won a judgment against NiQuan for approximately $25 million, and a receiver was appointed after he filed a petition for the winding-up of NiQuan in an effort to recover the money owed to him by the company. A receiver was appointed and the sale of NiQuan’s assets is ongoing.

By April 2024, approximately 80 employees at NiQuan were sent home after the company’s founder, Ainsley Gill, informed staff that expected funding had not materialised as planned. This led to the mothballing of the gas-to-liquids plant. NiQuan’s gas-to-liquids plant was also placed in “Asset Preserving Silent Mode” due to a lack of natural gas, and financial constraints.

In August 2024, NiQuan also lost its bid for an injunction against the government to compel the State to resume its natural gas supply.

Delivering a decision in August 2024, High Court Judge Kevin Ramcharan dismissed NiQuan’s application for an injunction against the Trinidad and Tobago Upstream Downstream Energy Operations Company Ltd (TTUDEOCL) and the Office of the Attorney General.

NiQuan owed TTUDEOCL US$21 million for natural gas contractually given to it.

Gill established NiQuan Energy LLC, in 2008.

The gas-to-liquids plant was opened in March 2021 with then-prime minister Dr Keith Rowley delivering the feature address.

“In 2018 when NiQuan acquired the plant, Petrotrin received a cash payment of US$10 million, with the remaining US$25 million to be paid in preference shares. To complete the plant, a further capital injection of approximately US$125 million was required,” Rowley said at the opening.

“Additionally, the government is expected to receive TT$2 billion in taxes and statutory payments over the life of the project. NiQuan’s investment represents the first major private investment in the downstream energy sector in recent times, despite difficulties in the global markets,” he said.

In a statement on June 7, Ramlogan welcomed the court ruling.

He said it was a win for transparency and accountability in government.

Ramlogan described the court’s decision as a “victory for the people” and criticised what he called the government’s pattern of promising transparency during public outrage, then later hiding the results of investigations.

“This was a classic case of defending the indefensible,” Ramlogan said. “The money spent fighting this case could have gone to the victim’s widow instead.”

He said despite public assurances, the government has often failed to publish reports on serious issues involving state agencies. Ramlogan listed several similar cases, including Lancelot Lezama and the Water and Sewerage Authority (WASA). WASA recently dropped an appeal and agreed to release findings from an internal probe involving senior employees and release of a report in a sexual harassment case against former minister Darryl Smith. A court had ordered the release of the report and the State later withdrew its appeal.

The other cases include the request for a report from WASA into the death of a young man. WASA refused to release the report and a judgment is pending on a similar lawsuit.

Also pending is a challenge over the North West Regional Health Authority over its refusal to release a report into the deaths of seven newborns at the Port of Spain General Hospital.

Currently before the courts is a case challenging the State’s refusal to disclose the 2023 Unimed Audit Report. Ramlogan said “These investigations are paid for by taxpayers, and the public deserves to know the findings.”

“Suppressing reports is a sign of dictatorship.” He also called on newly appointed Energy Minister Dr Roodal Moonilal and Attorney General John Jeremie to release the NiQuan report, so that Ramkissoon’s widow, Sarah, and her children can have closure.

Ramlogan said his chambers would continue to pursue similar cases until there is full accountability and transparency from the government.