Derek Achong
The T&T Electricity Commission (T&TEC) has threatened to sue Port-of-Spain South MP Keith Scotland, SC, and a member of his law chambers over the representation they provided in its bid to recover approximately $2.4 million in unpaid electricity charges from now-defunct ice cream manufacturer Flavorite Foods Limited.
The legal threat against Scotland and fellow attorney Keisha Kydd-Hannibal, both of Virtus Chambers, was made in a pre-action protocol letter sent today by T&TEC’s lawyers, led by Senior Counsel Anand Ramlogan of Freedom Law Chambers.
The letter was sent a little over a week after Prime Minister Kamla Persad-Bissessar raised concerns over the duo’s professional conduct in Parliament.
In the correspondence, obtained by Guardian Media, attorney Ganesh Saroop claimed professional negligence, breach of contract, fraudulent and/or negligent misstatement, and deceit against the duo.
“T&TEC will seek damages reflecting the value of the claim and the enforcement opportunity it has lost, together with its wasted, investigative and remedial expenditure, interest and any further consequential loss the evidence establishes,” Saroop said.
“Having regard to the seriousness of the misrepresentations and negligence, and the level of the misconduct, it will also seek aggravated and exemplary damages,” he added.
The lawsuit relates to three identical lawsuits filed in T&TEC’s name against Flavorite Foods over the outstanding debt. Saroop claimed two were automatically struck out due to the failure to advance the case after the company failed to enter a defence.
He claimed the third was commenced without T&TEC’s knowledge and authority and was dismissed due to the failure to address the outcomes of the two previous cases and because it was never validly served.
Providing background to the lawsuit, Saroop claimed the company was given preferential treatment as it was not disconnected despite its significant unpaid debt.
“It failed to pay its periodic bills, broke one payment arrangement after another, tendered cheques that were dishonoured, and yet continued to receive electricity while its arrears climbed,” Saroop said.
He pointed out the company was owned by Louis Andre Monteil, who formerly served as Treasurer of the People’s National Movement (PNM).
Noting Monteil’s connection with the PNM did not automatically prevent Scotland from representing it as a PNM MP, Saroop said: “They (the relationships) did, however, make independence, transparency, diligence and complete candour indispensable.”
“T&TEC was entitled to expect that no political loyalty, no personal relationship, and no conflict of interest or other extraneous consideration would be permitted to touch proceedings brought to recover public money,” he added.
Saroop gave Scotland and Kydd-Hannibal 28 days in which to provide responses either admitting or denying liability and giving an explanation of their purported conduct before a lawsuit is filed.
Responding to the allegations outside Parliament last week, Scotland denied any wrongdoing as he challenged Persad-Bissessar to make the allegations when she is not covered by Parliamentary Privilege.
“I invite the Prime Minister to make these claims outside of the Parliament. We have done the claim, we did the entry for judgment in default of appearance on Flavorite, and to presume or to make an allegation that because (Andre) Monteil (Flavorite owner) is some PNM member, that there was some collusion to suppress a T&TEC matter is a serious allegation, and I call upon her to make those allegations outside of the Parliament.”
Holding up a document with a court stamp, Scotland said there is currently a request for entry of judgment in default, with a query from the registrar pending. However, he said he could not comment on the request, as that may be in breach of client/attorney privilege.
“I have the documentations in my hand, where not only was the claim refiled, but a judgment in default of appearance was made, supporting with all the documents, and we even have a query from the registrar, querying some of the issues that will raise the judgment, and that was not told to the public, and I want to set the record straight,” Scotland said.
He added, “What we will not do is I will not be silenced. I will rile against any injustice, be it against parliamentary staff, be it against people of Trinidad and Tobago, and they will not silence my voice with attacks on my character, attacks on me, and by extension, my family. I not taking that!”
Contacted today, Scotland said he had received the letter and his attorneys would respond in due course. He said he maintains what he said outside Parliament.
