- NEWSDAY.CO.TT - A la Une - 11/Aug 12:57

Cepep chair: I never spoke to Al-Rawi about new contracts

CEPEP chairman Joel Edwards says he never spoke with former Rural Development and Local Government minister Faris Al-Rawi about a recent Cabinet decision on extending contracts. Edwards was asked by Cepep’s attorneys, led by Anand Ramlogan, SC, on the advice he received from the ex-minister on the eve of the general election in April. On August 10, in his response to the barrage of pre-action protocol letters from Cepep’s attorneys, Edwards’ legal counsel St Clair O’Neil denied Edwards ever spoke with or received instructions from then-line minister Al-Rawi about any recent Cabinet decision related to the disputed board note. He said Edwards recalled having several discussions during his tenure as chairman with the CEO, the minister and others regarding a 2017 Cabinet decision and the authority it gave the board. Edwards, he added, categorically rejected claims that he fabricated a fraudulent misrepresentation to deceive Cepep into extending the contracts, insisting he was not guilty of fraud, misrepresentation or any breach of duty. “My client categorically rejects any allegation that he deliberately and wilfully fabricated a so-called fraudulent misrepresentation with the intent of deceiving Cepep into extending the said contracts on the allegedly false premise that Cepep was simply ratifying and implementing a decision already taken by the Cabinet. “My client is not guilty of any fraud, misrepresentation or breach of statutory and/or common law duty.” Edwards accused the state-owned company and its legal team of waging a “deliberate public persecution” against him, claiming that pre-action correspondence was leaked to the media before being sent to his attorneys. O’Neil said the publication of allegations in all three major daily newspapers before his client received the August 8 letter showed “an apparent priority to prosecute in the court of public opinion” rather than follow proper legal protocols. The dispute stems from Cepep’s claim that Edwards misled the company’s board into approving 336 contract extensions worth $1.4 billion by falsely stating Cabinet had granted approval. Cepep has said the April 2025 board note bearing Edwards’ signature was fraudulent; Edwards insists it was covered by a standing 2017 Cabinet authorisation that allowed the company to manage contracts without fresh Cabinet decisions. O’Neil renewed demands for Cepep to produce 13 categories of documents, including board minutes, Cabinet notes, government correspondence and audit reports. He said the material would prove that Cepep, including CEO Keith Eddy, had repeatedly relied on the “undisturbed 2017 Cabinet approval” to issue or extend multi-year contracts without specific new Cabinet approval. The letter also accused Cepep and its executives of withholding relevant evidence from the High Court in the claim filed by Eastman Enterprises Ltd against Cepep over the termination of contracts, which Justice Margaret Mohammed stayed last week pending review by the Director of Public Prosecutions. Addressing Cepep’s direct questions, Edwards said he orally instructed Eddy to correct the board note after realising its wording could be read as referring to a new Cabinet decision, rather than the 2017 authorisation. “My client is being deliberately persecuted for naked political purposes… and denied a fair opportunity to defend himself,” O’Neil wrote, warning that any premature lawsuit during Edwards’ absence abroad until the end of August would be met with applications for wasted costs against Cepep and its lawyers. Edwards asked for 28 days to respond in full after receiving the requested disclosure, accusing Cepep of “ludicrous” refusals designed to delay and obstruct his defence. Cepep has so far dismissed the disclosure demands as irrelevant to the core allegation. In correspondence exchanged between attorneys last.week, Cepep accused Edwards of falsely claiming Cabinet had approved the extension of 336 contracts for core contractors, key personnel and operational services until 2029. The move, the company’s attorneys argued, locked the company into massive financial commitments without proper authorisation. Cepep’s CEO said Edwards personally assured him that then-line minister Al-Rawi had confirmed Cabinet’s approval, which Eddy says was never supported by written evidence. Cepep’s lawyers had rejected a request for disclosure as a “fishing expedition” and accused Edwards of showing “casual indifference” to the gravity of the allegations, particularly given his travel abroad and his counsel’s absence. “It is abundantly clear that your client, Mr Joel Edwards is one of the main protagonists in this scandalous drama. We trust that the findings made by the court in its judgment and the reference to the DPP were sufficient to impress upon your client the need for urgency and expedition in this matter.” Jagroo reminded that Edwards “stated quite clearly that Cabinet had considered and approved the extension of all contracts across the company,” and had signed the board note. “Your client’s attitude would have no doubt by now been radically changed in light of the referral of this matter to the DPP. “We note that your client carefully navigated his way around the core allegation that he told CEO Eddy that then line minister Faris Al-Rawi had informed him that Cabinet approval has been granted authorising and directing Cepep to extend all core contractors and key operational personnel and services for a maximum period of three years. “We would appreciate a direct response to this very serious allegation.” Jagroo also asserted that such a scenario would indicate a serious matter involving the accuracy of information provided to the company. The letter also described the explanation of an “error” as implausible, and said that none of the requested documents were relevant to that point. They have given him until August 15 to respond directly to the central question of whether Al-Rawi told him Cabinet had granted approval. Cepep said it will seek to hold Edwards personally liable for any losses. In a statement on August 7, Al-Rawi pointed to what he described as “critical material” not before the court, including a 2017 Cabinet note authorising Cepep to terminate, suspend and hire contractors, and a 2025 Cabinet decision approving midyear budget supplementation. Both, he said, had been publicly acknowledged by former finance minister Colm Imbert. “It is starkly relevant to note that these cabinet decisions and other critical material have not been disclosed in the Eastman proceedings and were therefore not before the Honourable Madame Justice Mohammed in her deliberations leading to the ruling today. “Any proper investigation into this matter and any questions arising is welcomed. Cepep has a continuing duty of full candour and disclosure.” At an opposition news conference, Imbert said as far back as 2015, the Cabinet gave the Cepep board the authority to award new contracts. The post Cepep chair: I never spoke to Al-Rawi about new contracts appeared first on Trinidad and Tobago Newsday.