THE Trinidad and Tobago Electricity Commission (T&TEC) has threatened legal action against Member of Parliament for Port of Spain South Keith Scotland, SC, and attorney Keisha Kydd-Hannibal, alleging their handling of a debt recovery case caused the loss of more than $2.39 million in public funds.
In a pre-action protocol letter issued yesterday by attorneys from Freedom Law Chambers, led by Senior Counsel Anand Ramlogan, T&TEC signalled its intention to sue both attorneys for professional negligence, breach of contract, fraudulent and/or negligent misstatement, and deceit.
The proposed claim arises from efforts to recover $2,392,220.11 in unpaid electricity charges from Flavorite Foods Ltd.
According to the letter, T&TEC will seek damages equivalent to the value of the debt, together with interest, legal costs and other losses allegedly incurred as a result of the failed litigation.
The utility also indicated it intends to pursue aggravated and exemplary damages.
The issue first entered the public arena earlier this month when Prime Minister Kamla Persad-Bissessar raised the matter in Parliament, accusing Scotland of mishandling T&TEC’s attempts to recover the debt and announcing that legal action would be pursued.
The Prime Minister also indicated that the matter would be referred to the Fraud Squad and that disciplinary proceedings before the Law Association could be considered.
Speaking to reporters outside Parliament afterwards, Scotland denied any wrongdoing and challenged Persad-Bissessar to repeat the allegations outside the protection of parliamentary privilege.
“I invite the Prime Minister to make these claims outside of the Parliament,” Scotland said.
He maintained that proceedings had been filed against Flavorite and produced court documents which he said supported his position. Scotland had also rejected suggestions of any improper relationship between himself and Flavorite chairman Louis André Monteil, describing allegations of collusion as serious and unfounded.
Contacted yesterday for comment in response to the pre-action protocol letter, Scotland said: “I will respond to this in its entirety through my attorneys-at-law.”
The letter
The letter, which was written by attorney Ganesh Saroop, centres on three separate lawsuits filed between 2022 and 2024 against Flavorite, none of which resulted in a judgment.
In the letter, T&TEC alleges the first two claims were never properly prosecuted and were eventually struck out, while a third claim was filed without the utility’s knowledge or authority and without the court’s permission.
“What followed was very different,” the letter states. “Three claims were commenced, and not one was brought to judgment,” it added.
T&TEC alleges it was repeatedly assured that applications for default judgment had been filed and were awaiting action by court officials.
However, the utility claims subsequent enquiries revealed no such applications had ever been filed.
“The court records, and the Registrar’s own confirmations, establish that no request or application for default judgment was ever filed in either the 2022 or the 2023 claim,” the letter states.
“T&TEC was thus led to believe that the delay lay with the administration of the Court, when its true cause was the failure of its own attorneys to take the most basic procedural steps.” The utility contends that because of those failures, the debt is now irrecoverable.
The letter traces the matter back to October 2022, when T&TEC retained Scotland, then practising through Virtus Chambers, to recover the debt after a pre-action protocol letter sent to Flavorite went unanswered.
According to T&TEC, Kydd-Hannibal handled most of the correspondence and litigation management, while Scotland remained involved as counsel and adviser on strategy.
T&TEC alleges the first claim, filed in December 2022, was never properly served and automatically expired. A second claim, filed in October 2023, allegedly suffered a similar fate.
The utility claims that throughout 2024 it received repeated assurances from Kydd-Hannibal that a default judgment application had been filed and was awaiting action by the Registrar.
Among the quoted communications is a January 2024 response in which Kydd-Hannibal allegedly stated: “Yes it was, the Clerk is following up with the counter.”
Another update reportedly advised that the application was “before the Registrar for consideration”.
T&TEC contends those statements were false because no default judgment application existed.
The utility further alleges that on October 22, 2024, a third claim was filed in its name without authorisation from its corporate secretary or board.
Particular criticism was directed at Scotland’s alleged continuing involvement in the matter after his appointment to Cabinet in July 2024.
T&TEC says it intends to rely on allegations that Scotland advised on litigation strategy, recommended withdrawing and refiling an application and was reported to have communicated with a Registrar concerning the matter.
Both attorneys have been given 28 days to respond, indicating whether liability is admitted or denied, and addressing the allegations contained in the letter.
T&TEC warns that if a satisfactory response is not received, legal proceedings will be commenced without further notice and disciplinary complaints may also be pursued.
