Chief Secretary Relived About Milshirv

Chief Secretary of the Tobago House of Assembly,
Orville London

Tobago House of Assembly (THA) Chief Secretary Orville London said yesterday he felt vindicated that at the end of it all the “AG has finally accepted that Milshirv was about an interpretation of the law and not about abuse of the law by any individual”.

According to London, the Minister of Finance has described Milshirv Properties as an “innocent third party, in a context where his colleagues had accused the company and THA of colluding in an illegal transaction”. 

He said the THA was relieved that the project  can be resumed and hopefully delivered in the shortest possible time, adding that the THA will await the ruling of the court on the powers of the Assembly under the THA Act of 1996. 

“It however, strengthens our determination to have the issue of internal self government for Tobago addressed, as a matter of extreme urgency,” he said. 

Source:trinidadexpress

Anand Ramlogan Backs Down From Milshirv Battle

Attorney General, Anand Ramlogan

Attorney General Anand Ramlogan has backed down from his High Court battle against the Tobago House of Assembly (THA) in the controversial multi-million-dollar Milshirv project at Shirvan, Tobago.

Instead, Ramlogan has asked the court to change his initial application for judicial review of the THA’s decision to enter into a form of financing known as Build, Own, Lease, Transfer (BOLT) which was deemed as “illegal” to instead give an interpretation as to the “true extent” of the THA’s powers under the THA Act Chap: 25:03.

Justice Ronnie Boodoosingh, sitting in the Port of Spain High Court, Hall of Justice, yesterday issued a consent order to this effect.

This now means the way has been cleared for the resumption of construction of the $143 million Milshirv office complex for the THA Division of Agriculture, Marine Affairs, Marketing and the Environment.

Ramlogan had filed civil proceedings against the Tobago House of Assembly in January this year, requesting a judicial review of its decision to enter into a BOLT arrangement with Milshirv Properties Ltd to build the complex on 12 acres of land at the junction of the Claude Noel Highway and Shirvan Road in Lowlands, south-western Tobago. 

Since then work had come to a standstill on the project.

Ramlogan had taken action on the eve of the hotly-contested Tobago House of Assembly (THA) elections and the Milshirv deal was a burning topic on the political platform by the Tobago Organisation of the People (TOP), a coalition partner of the ruling People’s Partnership Government. 

At the time as well, Prime Minister Kamla Persad-Bissessar had called for the project to be halted, and a probe be conducted into what she called questionable dealings of the THA.

Persad-Bissessar also called on the Director of Public Prosecutions and the Integrity Commission to become involved in the investigations. 

At the time of the AG’s decision to take the THA to court over the BOLT arrangement, London had already secured separate legal opinions of former attorney general, John Jeremie, SC and acting President Timothy Hamel-Smith, who both confirmed the ability of the THA to enter into a BOLT arrangement. 

Jeremie’s opinion was specific to Milshirv while Hamel-Smith’s was on the BOLT arrangement.

Milshirv and First Citizens Bank were joined as parties in the proceedings, but  Justice Boodoosingh in his consent order stated that Milshirv and First Citizens be removed as parties to the proceedings.

According to a THA statement yesterday, “During the hearing Alvin Fitzpatrick SC representing the Attorney General submitted a letter from Finance Minister Larry Howai to London dated Friday, July 19.”

The letter stated that the BOLT arrangement for the project was done without the consent of the Finance Minister, and on this basis it was being challenged. 

The THA had however contended it did not require the Minister’s consent to enter into such an arrangement, including the finance component.

Howai, in his letter, said, “It was evident that the question as to whether the THA can enter into such arrangement including the financing component, without the consent of the Minister of Finance, was an important issue which required the guidance of the court.”

Howai also indicated he had been informed by the Attorney General of the change from judicial review to one of “interpretation for the court to determine the true extent of the THA’s powers under the THA Act.” 

But even as the court decides on this new application, Howai has given the green light for the resumption of the project. 

In his letter, he explained, this was “...in view of the possibility that the rights of innocent third parties, in particular Milshirv Properties Limited and FCB Limited, may be adversely affected by the court proceedings as presently constituted and in the interest of good public administration to approve under section 51(b) of the THA Act and all enabling powers, the construction of the office complex as well as the lease and mortgage of the same to the THA and FCB pursuant to the BOLT arrangements entered between the THA and Milshirv.”

He has also approved “under the Act expenditure for the payment of lease rents to Milshirv under the proposed office lease between the THA and Milshirv”.

Alvin Fitzpatrick SC represented the Attorney General, John Jeremy SC represented the THA, while Milshirv was represented by Fyard Hosein SC and Milshirv by Douglas Mendes SC.

Source:trinidadexpress

Stop Milshirv Project

call for stay: Attorneys Lesley Lucky-Samaroo, left,
and Martin George leave the Hall of Justice yesterday
after a hearing in the judicial review filed
 against the Tobago House of Assembly (THA) by the Attorney General
. —Photo: ANISTO ALVES

ATTORNEYS representing Attorney General Anand Ramlogan in the judicial review filed against the Tobago House of Assembly (THA) are seeking to have the $143 million Milshirv THA Administration Complex project halted until the matter is determined by the court.

At the first case management conference before Justice James Aboud, in the High Court at the Hall of Justice in Port of Spain, yesterday, lead attorney for the Attorney General Alvin Fitzpatrick SC made an oral application to the court for a stay of implementation of the THA's decision to enter into the build-own-lease-transfer (BOLT) agreement.

The Express learned the application was resisted by attorney Douglas Mendes SC, lead attorney for Milshirv Properties Ltd, and attorney Kerwin Garcia, who along with Stuart Young is being led by Senior Counsel John Jeremie, instructed by Kahaya Nanhu, on behalf of the THA.

Mendes and Garcia told the court that such an application should properly be made in writing and not orally.

Aboud gave directions for the filing and serving of affidavits and adjourned the matter to April 23.

First Citizens bank was granted leave to join as an interested party to the proceedings. The bank is being represented by attorneys Fyard Hosein SC and Rishi Dass, instructed by Vanessa Mohammed.

On January 13, permission was granted to the Attorney General to challenge the THA's power and authority to enter into deals such as the Milshirv contract.

Questions about the $250 million Bacolet Aquatic Centre and Indoor Sport Complex, and the Milshirv THA Administration Complex in Shirvan Park were raised by Prime Minister Kamla Persad-Bissessar during the budget debate last October.

Persad-Bissessar called for the projects to be halted pending investigations and instructed Finance Minister Larry Howai to conduct an audit.

Saying he welcomed the probe, Milshirv Properties Ltd director Joseph Rahael said the BOLT arrangement was above board and transparent. His view was supported by THA Chief Secretary Orville London.

Also representing the Attorney General are attorneys Lesley Lucky-Samaroo and Martin George, instructed by Kerri Ann Olivierie.

Milshirv is also being represented by attorney Michael Quamina, instructed by Imran Ali.

Reproduced from Trinidadexpress

Howai Has to Wait.

Chief Secretary, Orville London

Chief Secretary, Orville London yesterday indicated that Finance Minister Larry Howai has to wait a little longer than the seven days for documents on the $143M MILSHIRV office complex at Shirvan, in southwest Tobago.

Howai wrote the THA Chief Secretary last week requesting that all documents relating to the office complex being built for the Assembly under a BOLT (Build Own Lease Transfer) arrangement be made available to him by seven (7) days. 

In a media conference yesterday, London indicated that under the laws and the T&T Constitution the Finance Minister has no authority to instruct him to provide information to him within any timeframe.

However, London indicated that in the interest of public disclosure and due to the considerable discussion that surrounded the transaction he has a responsibility to make the information available to the Minister as well as the general public.

London further indicated that he has would send a letter to Minister Howai on Thursday (1st November 2012) explaining that the various documents are being vetted by Senior Council and the THA Senior State Council following which the information will be made available to the public and to him.

London also disclosed at the weekly Post Executive Council media briefing on Wednesday (31st October 2012) that the Integrity Commission had written him requesting that the documents on the MILSHIRV office complex be produced within seven days.

The Tobago Chief Secretary said the Integrity Commission has the legal authority to so instruct and therefore that information will be made available to it within the seven days. He added that more or less the same information that was going to be made available in the public domain will be made available to the commission for it to continue its investigation.

London said he wanted to make it very clear that the decision not to submit the documents within seven days to Howai was by no means meant to prevent the information from being made public; "Quite the contrary, we want to ensure that at the same time the Minister has the information, the public has the information," London added.