Maroc - NEWSDAY.CO.TT - A la Une - Hier 04:34

Judge: No tolerance for delay in EMBD cartel-claim lawsuit

Justice Frank Seepersad has issued a stern warning to parties in the Estate Management and Business Development Company Ltd (EMBD) cartel claim lawsuit that delays will not be tolerated. He gave the warning as he refused an application by the EMBD to extend filing deadlines in a written ruling delivered on September 17. “The matters before the court raise important issues as to accountability, transparency, and the protection of the public purse, and they have generated significant political and public interest. “Surely, the new EMBD board is cognisant of these realities, and it is expected that it would act in a responsible and measured manner as it carefully considers the approach to be adopted.” Seepersad said the case, which dates back to 2017 and involves multiple defendants, including Energy Minister Dr Roodal Moonilal, has already suffered excessive procedural delays. He stressed that “delay slowly corrodes the steel of justice” and warned that the court will not tolerate further attempts to stall progress. The EMBD had requested to vary a case management order made on June 17. EMBD sought an additional three months to file draft replies to amended defences from six corporate defendants. Its attorneys argued that a new board, installed after April’s general election, required more time to provide instructions. However, Seepersad ruled that the attorneys already had the necessary information to file replies and that further delays would undermine the civil proceedings rules’ overriding objective of timely and proportionate justice. “At the June 17 CMC, EMBD’s counsel was given approximately two and a half months to file any replies, and this decision contemplated the constitution of a new board and the necessary liaison between the board and its lawyers as to the future conduct of the matters and for the receipt of instructions as to the course of conduct to be engaged. “The parties must understand that delay would not be countenanced, nor will the court allow its process to be manipulated so as to avoid efficient and timely resolution of these matters. “After eight years, there will be a no-tolerance approach to delay, and as long as the instant matters remain docketed to this court, they will progress with alacrity,” he warned. “This court operates on the premise that matters should be tried within two years of their institution and judgments must be delivered without delay. “As a result of its approach, this court has no reserved judgments, and it can afford any litigant a trial within a four-month window. “This position has been achieved through a no-tolerance approach to delay, mediocrity, and inefficiency. Eight years have already elapsed, and one must rhetorically ask, how much more time is required to progress these matters?” In refusing the application, the judge instead granted limited extensions, requiring the filing of draft replies and responses by October and November. Any disputes over the content of replies must be addressed by November 30, after which pleadings will be deemed closed. The matter was adjourned for a further case management conference on December 15. There was no order as to costs on EMBD’s failed variation application. The substantive lawsuit centres around 12 contracts for the rehabilitation of roads and infrastructure, which were granted to five contractors before the September 2015 general election. TN Ramnauth and Company, Kall Co Limited (Kallco), and Mootilal Ramhit and Sons Contracting initiated litigation against the state-owned special purpose company for the almost $200 million balance owed on their respective contracts. EMBD countersued the contractors, claiming that they, as well as contractors Fides and Namalco, conspired together with Moonilal, former EMBD CEO Gary Parmassar, divisional manager Madhoo Balroop and engineer Andrew Walker to corruptly obtain the contracts. It also claimed that the parties agreed to facilitate the contractors receiving preliminary payments for the work, which was allegedly overpriced and substandard and utilised a loan meant to pay for other legitimate contracts to make the interim payments. Through the lawsuit, EMBD is seeking $275 million plus interest and a series of declarations against the parties, including one on the illegality of the contracts. Earlier this year, EMBD amended its case to claim that Moonilal served as a “shadow director” of the company, as its former officials reported to and took instructions from him. It claimed Moonilal breached his fiduciary duties and those under the Integrity in Public Life Act. EMBD’s main new allegation was in relation to payments allegedly made by the contractors to third parties, who it claimed were connected to Moonilal and the United National Congress (UNC). At the time of the amendment, then-opposition leader, now Prime Minister Kamla Persad-Bissessar, described the case as a “political witch-hunt.” Persad-Bissessar suggested that the latest allegations were “fabricated” and did not debar Moonilal from being screened for the April 28 general election. While the EMBD fell under the Ministry of Housing during Moonilal’s previous tenure, it was recently transferred to the Ministry of Agriculture, Land, and Fisheries in May. The post Judge: No tolerance for delay in EMBD cartel-claim lawsuit appeared first on Trinidad and Tobago Newsday.