Moonilal to bring 'political witch-hunt' bill to Parliament

Former minister of housing Roodal Moonilal is again calling on Attorney General Reginald Armour to disclose how much the state has spent on legal and professional fees in court matters involving the Estate Management and Business Development Company Ltd (EMBD).

The Privy Council recently instructed the EMBD to pay Junior Sammy Contractors Ltd (JSCL) $82.8 million in a civil case over unpaid work.

EMBD is also pursuing another civil matter against Moonilal, former EMBD officials and three contractors over claims of collusion.

The EMBD alleges the group conspired to corruptly obtain contracts for the rehabilitation of roads and infrastructure granted before the September 2015 general election.

Speaking at a media briefing on October 30, Armour did not disclose the amount spent on legal fees in the Junior Sammy lawsuit, but defended the decision to pursue the appeal all the way to the Privy Council. He also defended the composition of the legal team.

“It is always a judgment call on the seniority and number of lawyers you will retain to defend or advance a particular case, and it is expected that the judgment call to select the attorneys will be responsible.”

He added, “This was not a frivolous appeal by the EMBD. This was a serious appeal. There were serious issues of law to be addressed.”

Armour said EMBD had been prudent and responsible in its approach and denied the company had wasted taxpayers’ money.

“In the interest of fairness and prudence, they paid to Junior Sammy what they conceded was his right. And they paid the disputed balance into court to be put into an interest-bearing account, so that at the end of the day, when the case was determined, that money would be allocated to the rightful owner. That money, with the interest that it has earned, will now be paid over from the court.”

Moonilal, however, told Newsday he believed both cases would cost the government in excess of half a billion dollars.

“I call upon the Attorney General to state categorically and openly the legal and professional and accounting course of the Junior Sammy case, where they moved from the High Court to the Privy Council with all their technical people, King's Counsel and so on, and incurred what we believe to be $200 million in costs, only to lose in such a scandalous manner.

"In the (cartel case), I can tell you that that cost is in excess of $400 million.”

Moonilal reiterated his claim that the case against him was a political witch-hunt and warned he intended to bring a bill to Parliament to discourage politicians from using public funds to target their political rivals.

He said if he had his way, Armour would be made to pay for the cost of the cases himself.

“It is my intention to go to Parliament eventually with a bill that holds public officials accountable for political witch hunts. I believe the time has come when politicians must pay from their pocket when they embark upon political witch hunts that cost the taxpayers hundreds of millions of dollars, and that money should be garnished from their gratuity, their pension and other outstanding monies owed to them.

“I have said before that Keith Rowley, Stuart Young and (Faris) Al-Rawi will pay from their pension and gratuity for this. I'm now today prepared to add Reginald Armour to that list of public officials when they demit office. A future government will hold them accountable for this political witch hunt and the reckless and negligent spending of taxpayers’ money!”

Newsday tried to contact Armour, but calls to his phone went unanswered and he did not respond to a WhatsApp message.

Armour, at the media briefing, said the two cases involving EMBD were unrelated, and emphasised the result of the JSCL case did not have any bearing on the cartel case involving Moonilal.

“Nothing pronounced on by way of the Privy Council in that matter involving the EMBD and Mr Junior Sammy’s company affects the merits of the case that the EMBD is going to trial on in the cartel claim against Dr Moonilal or any of the other defendants in that matter.”

While the EMBD lost the JSCL matter, Armour insisted the evidence in the cartel case involving Moonilal was compelling.

“I have seen the documentation and I know the EMBD not only did a significant audit, but they have amassed a significant amount of expert evidence which is now going to be presented to the courts. In fact, it was that expert evidence which persuaded the High Court, Court of Appeal and Privy Council judges to dismiss the claim brought by the contractors to say this case could not succeed in a trial.”

Moonilal dismissed Armour’s comments and said the evidence was not a sign of success for EMBD.

“The court just looked at the allegations made and determined they are serious allegations that are best answered at a trial, not in a preliminary matter. The EMBDC has not so far disclosed any of that secret evidence.”

He added the similarities in the two cases, despite Armour’s comments to the contrary, were numerous.

“This is not a criminal matter. There are two types of actions known to us, a police action and a PNM action. This is not police, this is PNM action! And just as they failed in the (JSCL) case, they will fail in the (cartel) case as well because they are making the same arguments by the same lawyers, the same PNM board, and the same PNM management is making the same claims. And if they couldn't sustain it in (JSCL), they cannot sustain it for the (cartel) case.”

Moonilal insisted the cases were related as they both spoke to his leadership, integrity and governance, since both contracts were executed during his tenure as the minister responsible for EMBD.

“This (JSCL) case indicates the governance of the People's Partnership because we managed a $231-million  project and they could not find one fault with that project in terms of any wrongdoing. I'm proud of that, because in the other (cartel) case, they have argued the same thing.”