Novo wants retraction of Young's statements on airport kiosks contract

THE Cabinet – led by the Prime Minister – is being asked to immediately rescind its decision to appoint a retired judge to investigate how Novo Technologies won the contract to provide the Airports Authority (AATT) with passport-scanning kiosks as part of the Automated Border Control System (ABC system).

In a pre-action protocol letter sent to the Prime Minister last week, attorney Karina Singh called on Dr Rowley and his Cabinet also to rescind the decisions which led the Cabinet to authorise National Security Minister Stuart Young to make public statements about Novo’s contract with the AATT.

Novo also wants all adverse findings against Novo, as referred to by Young at a post-Cabinet press briefing on May 9, to be withdrawn and it also wants copies of all reports and material considered by the Cabinet in arriving at its decision to appoint retired judge Rolston Nelson to investigate the award of the contract to Novo.

At the post-Cabinet media briefing, Young announced Nelson’s appointment to investigate how Novo won the contract, which was awarded in December 2017 and amended in March 2018.

Young alleged the contract was awarded without following the proper tendering process and the amended terms meant the AATT had to pay Novo a minimum of US$510,000 a month. Young said Cabinet had no idea about the contract, nor the terms attached to it, and it was only discovered when the AATT, not being able to pay its fees to Novo, asked its line ministry, Works and Transport, for money. Works and Transport forwarded the request to the Ministry of Finance, which queried the request.

Novo immediately denied all claims of impropriety, which it maintained in its pre-action protocol letter to the Prime Minister, sent on May 20. The letter was copied to the Finance Minister, the Works Minister, the permanent secretaries of both ministries, and the chairman of the AATT.

Novo is also represented by Senior Counsel Ramesh Lawrence Maharaj, Jagdeo Singh and Kiel Taklalsingh.

The Cabinet was given 14 days in which to give a “positive response” to Novo’s proposal to have the Cabinet decisions rescinded.

In its letter, Novo said it would prefer an amicable resolution but made it clear it reserved all its rights to make claims in public law, constitutional law and private law for redress, if considered necessary.

“It is most unfair for the Cabinet to have decided to make these public statements without giving Novo an opportunity to defend itself," the letter said. "It is expected that the Cabinet would recognise that this is not only unlawful but it is unfair and it is not the way to treat corporate citizens or entitles akin to corporate citizens.”

Novo says the minister's statements were completely untrue and pointed out that Cabinet did not have any power to administer the AATT or supervise the authority, a statutory body. It said it was an abuse of power for the Cabinet to authorise the National Security Minister to make statements about Novo and its contract with the AATT without adhering to the statutory process of giving instructions to the AATT’s line minister to direct the board, in writing, to investigate the contract.

Novo also said the Cabinet decisions violated the principles of natural justice and procedural fairness, since it was not given an opportunity to be heard, and that adverse findings had been made against Novo.

It also raised the question of apparent bias in Nelson’s appointment, pointing out that he had been retained by the State for several matters including the Chief Justice vs the Law Association over the sabbatical issue, his investigations into allegations of sexual harassment against a government-appointed director of Angostura and the fact that he was appointed chairman of the Unit Trust Corporation.

Novo said it cannot be reasonably contended that it would be satisfied that any investigation by Nelson would be free from bias.

The letter also said the actions of the Cabinet had caused “irreparable damage” to the company's commercial reputation, adding that it has acted in the highest traditions of a reputable international corporation and worked with the AATT to provide technology to serve the best interest of the people of TT and give a better service at the airport.

It maintained that it has held open, transparent and accountable negotiations with the AATT.