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Scandal at regional 'spy' agency
By Akile Simon
http://www.trinidadexpress.com/news/Sca ... 90179.html
Story Created: Apr 16, 2011 at 11:54 PM ECT
Story Updated: Apr 17, 2011 at 8:07 PM ECT
Allegations of corruption are being levelled at yet another security agency, this one headed by a woman who was once at the helm of the controversial Special Intelligence Agency (SIA).
Misappropriation of funds, hiring of unqualified staff and fraudulent accounting practices are said to be the order of the day at Implementation Agency for Crime and Security (Impacs) which is headed by Lynne Anne Williams who was director of the SIA for 14 years.
Impacs has never been audited nor submitted prepared financial statements since its inception in 2006.
Ten former SIA employees are now employed at Impacs, raking in huge salaries and allowances at taxpayers' expense. Family and friends have also found employment at Impacs, also enjoying significant monetary rewards. One such employee, hired as a project officer for the International Cricket Council (ICC) World Cup in 2007, takes home $15,750 a month. She has no portfolio within the organisational structure of Impacs, sources say.
Williams was appointed executive director of Impacs with effect from September 1, 2009 at the Twentieth Inter-Sessional Meeting of the Conference of Heads of Government held in Belize in March of that year.
She is responsible for the general leadership, oversight, administrative and financial management of Impacs and its sub-agencies, the Joint Regional Communications Centre (Barbados) and the Regional Intelligence Fusion Centre (Trinidad and Tobago).
Williams herself has been identified as being involved in ripping off the agency to the tune of thousands of dollars.
She receives a salary of US$11,300 (TT$67,800), inclusive of allowances. She maintains a residence in Barbados and in T&T, and collects a monthly housing allowance of US$2,500.
However, for 2010, Williams submitted several invoices for hotel accommodation at a particular location in Barbados. Checks with the Barbadian authorities and other sources in that country revealed that the hotel identified in invoices submitted by Williams for payment, — Darreyl's Bungalow Short Term Accommodation — does not exist.
Several of the invoices, copies of which were obtained by the Sunday Express, also contained inconsistencies and carried no contact information nor address for the "hotel".
The only contact information appearing on the invoices were that of Williams and her address is listed as Impacs' head office at Sagicor Building, Queen's Park Savannah, Port of Spain.
Reliable sources at the agency said the invoices were prepared by an employee.
"Most of her invoices for travel are submitted before she leaves for her intended destination and that's wrong," said an employee.
In one particular instance, Williams submitted an invoice for two bookings — July 11, 2010 to May 19, 2010 and also for August 29, 2010 to September 1, 2010. However, the amount claimed for on the invoice was for only one period. (See invoice on Page 4) The date of one of the bookings on this particular invoice was also changed and initialed by Williams — and not the 'hotel's management.
At the end of each invoice from "Darreyl's Accommodation', the name Phillip Brennan appears as the person who prepared and checked the invoices.
Employees also say that they have seen vouchers sent to Impacs' financial department for payment, and which were approved by Williams, but about which transactions they knew nothing.
They point out, in particular, several invoices submitted by Trincargo International Services Company Ltd to Impacs for the payment of thousands of dollars, for shipping personal effects for staff.
"Nobody knows who the personal effects belonged to, what it was, where it went, but it was paid for and cleared at the expense of Impacs," said one employee.
On July 13, last year, Williams submitted an invoice for payment in the sum of $USD5,740, mere days before she left to attend a meeting in Barbados regarding the Caricom Travel Card System, Caripass, project.
The invoice that was prepared and approved gave Williams purpose of a 20-day visit in Barbados as being to coordinate activities relating to the Caripass project. The project has its co-ordinating team.
Sources said staff assigned to the Caripass project had no knowledge on any such meeting in Barbados around the time of the annual Crop Over festivities.
"If there was in fact a meeting regarding the Caripass project, then why wasn't the staff aware of such and why representatives for that section were not set to attend?
"And furthermore, there was no need for anyone to travel at such expense when the meeting, if it in fact took place, could have been done by video conferencing, a facility available to us," said a source.
Said one employee, "Impacs is rampant with corruption. Caricom member states are not getting their monies worth when it comes to 'implementation of policies for crime and security' for the region.
"Employees are too busy enjoying the 'fat' of the Caricom pot to achieve its mandates"
"They talk about Caricom Security and is ah bunch ah Caricom crooks inside.
"Three hours of polygraph testing before you could get a job but at the end of the day is a bunch of thieves I'm working with," the employee charged.
Another staff member had some questions for Williams. She asked:
* Why is it that the Executive Director:
— Does not travel using the most economical route? Always business class!
— Stays over in Barbados when returning from travel, particularly on weekends, and claims per diem.
* Why was the refurbished Executive Suite Office, alleged to have exceeded TTD$1M, never questioned by the Management Committee?
* Why were invoices submitted by a fictitious hotel called 'Darreyls Bungalow Short Term Accommodation' as supporting documents for business travels.
*Why are those invoices generated in Impacs' office before she travels, and why are they signed off by the Executive Director?
Employees also questioned Williams' reluctance to repay per diems when her travel arrangements are cancelled.
Devant's Slush Fund
Hires lover, mother-in-law at PTSC, Maha Sabha
TRANSPORT Minister Devant Maharaj, who is now campaigning against an alleged “slush fund”, is yet to explain how his live-in lover, as well as her mother came to be employed at the Public Transport Service Corporation (PTSC) when he assumed the chairmanship of the organisation.
Neither of the jobs was advertised, TnT Mirror has learnt. On Maharaj’s appointment as Transport Minister, in December 2010, Kristal Ramroopsingh quit her post and replaced him as chief executive officer of Radio Jaagriti, the radio station reputedly awarded to the Sanatan Dharma Maha Sabha after Maharaj, represented by then attorney Anand Ramlogan, challenged the decision of the Patrick Manning administration to deny a radio license to the SDMS.
Although the Maha Sabha is a national Hindu organization which receives state subventions as well as donations from members of the Hindu community, that job was reportedly also not advertised, with not even other Hindus being given the opportunity to apply.
Ramroopsingh, who was hired as an “executive administrative officer” at PTSC in February 2011, after Maharaj’s appointment as chairman in December 2010, was among a number of people linked to Ramlogan, employed at PTSC by Maharaj.
Ramroopsingh’s only experience prior to that appointment was as a legal assistant at the Ministry of the Attorney General working with Ramlogan under whom she previously worked as a paralegal at his Freedom House Chambers.
She is still working towards an external law degree from the University of London and completed a negotiation and mediation course in the alternative dispute resolution programme through the University of Windsor Law School.
Although not yet holding a degree, Ramroopsingh has succeeded Maharaj as CEO of Radio Jaagriti, president of the Indo-Trinidadian Equality Council ITEC, and chairman of the Sugar Cane Museum, which also received a hefty donation from the Government.
But Ramroopsingh, whose mother was also hired as a supervisor at PTSC’s San Fernando operations following Maharaj’s appointment as chairman, a position that also was not advertised, is not the only link between Maharaj and Ramlogan.
Ramlogan’s brother, Rishi, also gained employment as the information technology manager at the PTSC subsequent to Maharaj’s appointment.
Questioned on this earlier this year by the Mirror, Maharaj said that “among the applicants, Rishi was the most qualified, having worked in a similar position with British Petroleum (BP) and he was given the post.”
He denied his friendship with Rishi and his brother Anand Ramlogan had anything to do with the appointment.
“If people are qualified for a job and are related to top government officials, I see no reason why they cannot be appointed,” he said. This is contrary to the position he has taken in the scholarships issue, complaining of scholarships awarded to the relatives of senior PNM officials.
The head legal officer at the Equal Opportunity Commission, Narendra Lalbeharry, who played a key role in drafting the controversial report which found for Maharaj in his complaint against the Ministry of Community Development, Culture and Gender Affairs, was also previously employed at Ramlogan’s Freedom House Chambers in San Fernando.
Lalbeharry, who joined the EoC as a legal officer II in 2009, was quickly promoted to head legal officer and is said to be in charge of running the EoC, since the executive director position has remained unfilled.
Two months ago, the EoC staff complained to the TnT Mirror that Lalbeharry, who has a close relationship with AG Ramlogan, is not only the head legal officer but has made himself the head of the Legal Department, the head of the Investigations Department, and the head of the Mediation Unit of the commission.
He would have handled the award of the scholarship matter in all three capacities. Staff at the commission have also complained that Lalbeharry’s position was re-designated from legal officer II to head legal officer with the approval of the Attorney General, but several attempts to speak to Ramlogan on the matter proved futile as his assistant said he was unavailable.
Lalbeharry, who reportedly operates his own law school, College of Legal Studies, in Chaguanas, confirmed to the TnT Mirror that he did in fact work at Ramlogan’s Freedom House “for two to three years, when I had just started off”.
Asked about his relationship with the AG, since the EoC also falls under the jurisdiction of Ramlogan, Lalbeharry said: “I have no relationship with the AG.” He said he was hired “under the former PNM administration in 2009.”
Lalbeharry also denied any relationship with the Transport Minister, saying: “ I don’t even know him.”
For his part, the usually talkative Devant Maharaj refused to answer any question put to him by the TnT Mirror about his hiring practices at the PTSC. Do you think it was a conflict of interest to hire your girl-friend at PTSC? His response: “No comment.” Was that job ever advertised? “No comment.”
Was the job given to your mother-in-law ever advertised? “No comment.”
What qualification does Ramroopsingh have to allow her to be the chief executive officer at Radio Jagriti? “No comment.” Was the position ever advertised to allow other Hindus to a chance? “No comment.”
Several calls and a text message to the Attorney General went unanswered. Chairman of the EoC Prof. John La Guerre also could not be reached for comment.
It may be just one of the drawbacks to living in a small country but the relationships revealed among the key players in the ongoing controversy over the alleged Equal Opportunity Commission report must be a source of concern to the national community.
When Prime Minister Kamla Persad-Bissessar made her announcement in Parliament during the debate on the 2012 Budget of an EoC investigation discovering a “slush fund” at the then Ministry of Community Development, Culture and Gender Affairs, members of the public could have been forgiven for believing that this was an independent, non-partisan investigation. Under normal circumstances, one could have even been forgiven for assuming that her decision to refer the report to the Attorney General for forwarding to the Integrity Commission and the Director of Public Prosecutions was the most appropriate under the circumstances.
Given the Mirror’s probing into this matter, a different picture is emerging, however. In the first place, the relationship between the Attorney General and the Minister of Transport is much too close for the man on the Priority Bus Route maxi-taxi to assume that the AG can be dispassionate about the matter. The AG in private practice prosecuted all the ethnically tinged cases and causes of now Transport Minister Devant Maharaj’s Gopio and Indo-Trinidadian Equality Council (ITEC). By Minister Maharaj’s own admission the two are close friends, so much so that the AG provided employment for Maharaj’s girlfriend prior to his elevation to high office.
Another person to whom the Attorney General provided employment in his private capacity, and who was appointed to the position of Head Legal Officer at the EoC with the support of the Attorney General, is the chief investigator, prosecutor and mediator of Maharaj’s complaint to the Integrity Commission that has found for the Transport Minister.
The report of the EoC, drafted by Ken Mark Rampersad, the erstwhile colleague of Ramlogan, reads very much like a statement of claim the AG would have written while in private practice. It makes several inferential leaps, like assuming that because only seven percent of awards went to Indo-Trinidadians that they were discriminated against without even considering the percentage who applied. It did not seek to explain how, if the programme was secret, so many people came to know about it, and bizarrely sought to apportion the applicants into constituencies, even non-existent ones like “San Fernando”, although there was no such information field on the application forms.
We have no doubt that both Attorney General and Transport Minister are both honourable men; in any case as parliamentarians, they have the title to prove it. But we also have a responsibility to ensure that in a matter which touches upon the sensitive and potentially divisive issue of race that justice is not only done but also seen to be done.
To compound the matter further, the Chairman of the EoC, Prof. John La Guerre, is on record as telling both Opposition Leader Dr. Keith Rowley and subsequently the TnT Mirror that the report, pronounced as final by the PM and Maharaj, is a preliminary one.
In all this the point is being missed that a truly national government should be equally concerned about allegedly “secret scholarships” being given predominantly to one segment of the population as it should be by the fact that only one segment of the population seems to do well in the public scholarships awarded based on the results of Advanced Level examinations, while another equally large segment is under-performing.
In any case, given these new revelations, it is clear that the EoC report prepared by the AG’s erstwhile protégé should be rejected and that an independent investigation should be launched into the operation of the bursaries programme.
And rather than stopping at 2007, the investigation should go right up to the recent transfer of the programme to the Office of the Prime Minister.
A PETITION has been sent to Transport Minister Devant Maharaj seeking the removal of the Chairman, Captain Varman Bajnath, and Deputy Chairman, Felix Hernandez, of the Airports Authority of Trinidad and Tobago (AATT) following the passage of two resolutions at the last AATT board meeting.
The petition, which according to informed sources was expected to lead to an attempt to have them both removed at last Thursday’s board meeting, is said to have been drafted by a faction of the board which has Maharaj’s support, while Bajnath, Hernandez and two other directors are said to have been nominated to the board by former Minister Jack Warner.
The split in the board, according to informed sources, arises from the jockeying by party financiers, including Ish Galbaransingh, for airport contracts and the insistence by some members that the AATT’s procurement procedures be scrupulously adhered to.
Bajnath was last weekend quoted in the Sunday Guardian as stating that he will not tolerate any nonsense under his watch and is said to have the support of Hernandez, who is chairman of the Tenders Committee.
The issue came to a head when votes of no confidence were moved against both at the last board meeting on Friday October 21. In Hernandez’s case, the vote of no confidence was moved on the basis that he had spoken “disrespectfully” of Maharaj.
According to the board minutes of October 21, board member Gary Kalliecharan, who is also chairman of the Security Committee, alleged that at the August 2011 meeting of the board, Hernandez received a phone call from Maharaj and upon recognising the caller ID said, “Ya see, ya see, look he calling me again.”
Maharaj told the board that this gave the “impression” that the “line Minister is a nuisance to him (Hernandez) and the management of the authority.”
Kalliecharan also complained to the board at that same meeting, that the General Manager, Louis Frederick, “stupes” when the call came from Maharaj, “giving the impression ‘what this man want now’ and implying he was harassing the authority relentlessly.”
It was at this point that board member Clyde Adams sought to caution members that Kalliecharan’s “reasoning has no merit and therefore should not be entertained.” He further advised that the board had no authority to propose such motions and that the action was unlawful.
According to him, any move to remove Hernandez and Bajnath should be done via a petition to the Minister of Transport. He said this was not the forum to take such action.
Kalliecharan ignored his advice and moved a motion of no confidence in the Chairman, which was seconded by fellow board member Dyanand Maharaj.
A vote was subsequently taken, with six members voting in agreement while four voted against.
According to the minutes, sometime during the meeting, on the insistence of Adams, Kalliecharan was forced to withdraw a statement he had made alleging that Hernandez had “acted in a contemptuous manner with respect to the line Minister.”
Devant in AATT confusion
Published: Sun, 2011-11-13 21:54
Anika Gumbs-Sandiford
Transport Minister Devant Maharaj has landed himself in a dilemma regarding the award of contracts at the Airports Authority of T&T (AATT). The matter is now engaging the attention of Prime Minister Kamla Persad-Bissessar. Correspondence obtained by Sunday Guardian which was sent to the Prime Minister by the AATT chairman Vaman Bajnath details a list of ‘special requests’ Maharaj had instructed him to carry out. Maharaj, the line minister for the AATT, yesterday admitted in a telephone interview with the Sunday Guardian that he did in fact discuss some of the ‘special requests’ with Bajnath. At the centre of the exposé are the award of contracts and the short-listing of people to be hired for employment at the AATT. The revelation comes on the heels of the minister’s move to have Bajnath’s appointment revoked following a vote of no-confidence against him on October 21. It was in a letter dated October 31 that Maharaj informed Bajnath a copy of the resolution was sent to Attorney General Anand Ramlogan for direction on the matter. But Bajnath, who has taken issue with the handling of the matter, and in attempt to clear his name, responded to the allegations in a tell-it-all style.
Bajnath chastised Maharaj for not affording him the opportunity to respond to the ‘baseless allegations’ before the matter engaged the attention of the Attorney General, claiming the rift between AATT board members was due to political interference and meddling. Bajnath stated: “The present wrangling and disruptive behaviour of members of the board is directly linked to the carrying out of the directions and desires of your office.” Referring to Section: 12A (2) of the AATT Act which states: “In the performance of its functions and in the exercise of its powers, the Authority shall act in accordance with specific or general written directions given by the line minister,” Bajnath claimed that he facilitated the minister’s “expressed desires” since his appointment.
Chairman claimed he fulfilled minister’s ‘expressed desires’
Dismissing allegations that he failed to carry out instructions of the line minister in a timely manner, Bajnath listed several occasions to the Prime Minister where he allegedly fulfilled the minister’s ‘special requests’.
• Request: Favourable consideration for Bridgcom Ltd with respect to a three-year contract for grass cutting of the airfield, maintenance of the drains and fence line at the Piarco International Airport.
Action: At a July 2011 meeting, the board of the AATT awarded the contract to Bridgecom Ltd in the sum of $2,156,189 plus VAT per annum for three years for the grass cutting of the airfield, maintenance of the drains and fence line at the Piarco International Airport.
• Request: Favourable consideration for attorney Jagdeo Singh of Fortis Chambers to receive AATT Oropune legal portfolio.
Action: At the September 2011 board meeting, the appointment of Jagdeo Singh, Fortis Chambers to provide professional services in settling the legal issues associated with the relocation of the Oropune villagers.
• Request: Human Resources consultant to remain on a month-to-month contract.
Action: Members were advised at the August 2011 board meeting that the decision of the board taken to with respect to the renewal of a one-year contract for the human resource consultant will revert to a month-to-month contract on the basis that the potentially new appointee to the position of human resource manager possessed the capabilities and experience to address industrial relations issues.
• Request: Favourable consideration be given to three specific attorneys for the vacant positions within the AATT Legal Department. Action: The positions were publicly advertised, and the recommended people were shortlisted in preparation for the interview process.
• Request: Removal of board member Diane Hadad as chairman of the Business Development Committee (BDC) and or termination decision and instructing management to halt negotiations with various concessionaries in the absence of board approval. In addition, you advised that negotiations must continue with potential concessionaries.
Action: The BDC was immediately disbanded on the basis that the decisions taken with respect to the halting of negotiations with concessionaries were not in the interest of the authority nor was it approved by the board. Additionally, while the committee was established by the board, no terms of reference were documented and items discussed overlapped with the business of the operations committee. Furthermore, negotiations with the following concessionaries resumed without delay.
According to Bajnath, among the requests to be filled with the concessionaries are:
•T o issue a letter of commitment to open one food kiosk at the International Departure Lounge East and another in the International Departure Lounge West
• To lease 16 square meters of space at the south terminal for an Automated Teller Machine (ATM)
• To issue a licence to place an ATM at the north terminal
• To send a sample lease without rates
• To lease 172.69 square meters of office space at the south terminal
• To complete negotiations with the company when the review of rates and charges has been completed.
Bajnath also disregarded all grounds for moving the motion stating that the allegations were without fact and a breach of protocol.
Six against Bajnath on the board
The fall-out between Maharaj and Bajnath comes one month after chairman of the Port Authority of T&T Clive Spencer was fired. Spencer had claimed that he was given the boot because he refused to adhere to the minister’s directives. Sunday Guardian has been reliably informed that board members—Gary Kalliecharan, Suresh Ramdial, Emile Baptiste, Dyanand Maharaj, Ian Gomez and Diane Hadad voted in favour of the no-cofidence motion against Bajnath.
Citing grounds for the motion, the board members stated the following reasons for removing Bajnath:
• Has demonstrated total disregard for the AATT Act and procedures governing the authority, pertaining to his authority and decisions taken by the board.
• Failure to call a vote on motions which were proposed and seconded at the board meeting.
• Failure to carry out instructions of the line minister in a timely manner.
• On several occasions displaying an inability to control and conduct board meetings in an orderly manner
•Chairman has on occasions disregarded requests by members of the board to have employees of AATT leave the boardroom for private discussion.
Deputy chairman also under fire
The saga does not end there though, as Maharaj is also reportedly butting heads with the deputy chairman of AATT Felix Hernandez. This, after Maharaj claimed that a no-confidence motion was also moved against Hernandez on October 21. Maharaj also referred Hernandez’s matter to the Attorney General.As to which members moved the motion remains an issue of contention.
Six board members, Maharaj stated, gave the following reasons for their decision:
• Has demonstrated a failure to understand and comply with the AATT Act and procedures governing the AATT
• Unilaterally changing lawful decisions taken by the board
• Has on occasions displayed abusive behaviour towards members of the board and employees
• Allow misinformation to be presented to the board, despite objection from board members.
• On several occasions displaying inability to support chairman in conducting meetings in an orderly manner
• Displaying poor judgement with little regard for fair and natural justice.
Vehemently denying that the majority of members voted in favour of the motion, Hernandez responded to Maharaj stating: “I was present and attended the monthly statutory meeting of AATT on October 21. At that meeting no resolution was tabled or voted upon in terms of the enclosure in your under reference. One of the members of the board moved a motion of no confidence in me as deputy chairman. The motion was seconded. No notice was given of this resolution nor was any details supplied. Some discussion took place on the resolution but it was never put to vote and therefore not passed.” Hernandez who is weighing his legal options has deemed the allegations as ‘vague’ and ‘malicious’, insisting that he acted in accordance with the provisions of the AATT Act.
Transport Minister responds to allegations
Contacted yesterday, Maharaj attempted to downplay the rift at the AATT insisting that the “board is very much in place” and Bajnath remains the chairman. Pressed further as to why he opted to refer the no-confidence motion against Bajnath and Hernandez to the Attorney General, Maharaj said: “No, no, it is not true I have not referred the matter to the Attorney General,” Maharaj said. However, when told that the Sunday Guardian was in possession of the correspondence dated October 31, that stated the matter was engaging the attention of the Attorney General, Maharaj then replied: “I have to see what you have before you.” On the issue of giving directives to Bajnath for the granting of ‘special requests’ in relation to the maintenance of the grass and fence line at the airport, Maharaj explained: “I have a letter from Bridgecom Ltd stating that they have some concerns with the tendering process. In terms of Mr Bajnath, I spoke to him identifying the concern of this person who tendered and that he should review the tender process if indeed the allegations made by Bridgcom is correct. “Subsequently, the board indicated that they did indeed find out that there were some problems with the evaluation criteria of that particular contract and they deliberated upon it and arised at the lowest bidder.”
Admitting that attorney Jagdeo Singh of Fortis Chambers has been retained to represent the interest of AATT regarding the relocation of farmers in Orpoune Maharaj said: “There was issue regarding the brief from the previous attorney amounting to $1.8 million or $2 million dollars. It was felt that that price was exceptionally high for the brief. I asked them to look around for other attorneys and my experience with Mr Singh is that he is reasonable; we are ensuring that we get value for money and not exorbitant legal fees.” The minister, however, was oblivious on the issue with the human resource consultant who has been hired on a month-to-month contract. As to whether he requested for three ‘specific’ attorneys to fill the vacancies in the legal department, Maharaj explained: “Since I came into office I have been getting request for jobs and so on. What I do is that I take the resumes and filter them out to the various departments and ask if they can consider them. As far as I know, the AATT has not met in a number of months to fill any positions.” The minister, however, denied that he requested the removal of the BDC chairman. “Only recently, I was in Tobago with Ms Hadad; we have a good relationship. This issue with the BDC is one that troubled Mr Bajnath because he felt it was impeding some of the work he wanted to do in regard to the concessionaries. He identified that negotiations had halted because of the BDC.
“Those details with the concessionaries I would not know,” Maharaj stated. Attempts to contact managing director of Bridgcom Ltd Narindra Ramsubhag proved futile.
PS sends legal letter to minister
The permanent secretary (PS) in the Ministry of Tobago Development Hermia Tyson-Cuffie is demanding an apology from Transport Minister Devant Maharaj in relation to claims that she played a role in the alleged “slush fund” set up under the Community Development Scholarship Financial Assistance Programme. Through her attorneys Alexander, Jeremie and Company, Tyson-Cuffie, who was recently promoted to the rank of PS, has issued a pre-action protocol letter to Maharaj regarding statements he allegedly hurled at her outside the office of the Equal Opportunity Commission on October 25. Tyson-Cufffie, who has been employed in the public service for the last 36 years, is claiming that the statements identified her as a “player” in the alleged slush fund at the Ministry of Community Development, Culture and Gender Affairs.
In her claim for damages, the PS said the statements also imputed that during the period 2003 to 2007, when she held the position of deputy permanent secretary she acted in a racist manner, discriminated against people of East Indian descent, favoured and facilitated members of a political party and managed the Ministry’s funds in such a manner that they were dissipated and could not properly be accounted for. The statements, Tyson-Cuffie said, could be interpreted as she committed a criminal offence in public office under the relevant statutes of the Prevention of Corruption Act and the Integrity and Public Life Act. The permanent secretary further contented that the fund fell under the jurisdiction of the Minister of Community Development and Gender Affairs and was managed by a committee of which she was never a member of as deputy permanent secretary, since the inception of the programme in 2003. All recommendations, Tyson-Cuffie claimed, were approved by the relevant minister and payments were authorised by the then PS for the Ministry of Community Development, Culture and Gender Affairs.
Substantiating her claim, Tyson-Cuffie said no where in the alleged Equal Opportunity Commission report makes mention of her name or any responsibility attached to the office of the deputy permanent secretary that she formerly held.
Transport Minister Devant Maharaj has landed himself in a dilemma regarding the award of contracts at the Airports Authority of T&T (AATT). The matter is now engaging the attention of Prime Minister Kamla Persad-Bissessar. Correspondence obtained by Sunday Guardian which was sent to the Prime Minister by the AATT chairman Vaman Bajnath details a list of ‘special requests’ Maharaj had instructed him to carry out. Maharaj, the line minister for the AATT, yesterday admitted in a telephone interview with the Sunday Guardian that he did in fact discuss some of the ‘special requests’ with Bajnath. At the centre of the exposé are the award of contracts and the short-listing of people to be hired for employment at the AATT. The revelation comes on the heels of the minister’s move to have Bajnath’s appointment revoked following a vote of no-confidence against him on October 21. It was in a letter dated October 31 that Maharaj informed Bajnath a copy of the resolution was sent to Attorney General Anand Ramlogan for direction on the matter. But Bajnath, who has taken issue with the handling of the matter, and in attempt to clear his name, responded to the allegations in a tell-it-all style.
Bajnath chastised Maharaj for not affording him the opportunity to respond to the ‘baseless allegations’ before the matter engaged the attention of the Attorney General, claiming the rift between AATT board members was due to political interference and meddling. Bajnath stated: “The present wrangling and disruptive behaviour of members of the board is directly linked to the carrying out of the directions and desires of your office.” Referring to Section: 12A (2) of the AATT Act which states: “In the performance of its functions and in the exercise of its powers, the Authority shall act in accordance with specific or general written directions given by the line minister,” Bajnath claimed that he facilitated the minister’s “expressed desires” since his appointment.
Chairman claimed he fulfilled minister’s ‘expressed desires’
Dismissing allegations that he failed to carry out instructions of the line minister in a timely manner, Bajnath listed several occasions to the Prime Minister where he allegedly fulfilled the minister’s ‘special requests’.
• Request: Favourable consideration for Bridgcom Ltd with respect to a three-year contract for grass cutting of the airfield, maintenance of the drains and fence line at the Piarco International Airport.
Action: At a July 2011 meeting, the board of the AATT awarded the contract to Bridgecom Ltd in the sum of $2,156,189 plus VAT per annum for three years for the grass cutting of the airfield, maintenance of the drains and fence line at the Piarco International Airport.
• Request: Favourable consideration for attorney Jagdeo Singh of Fortis Chambers to receive AATT Oropune legal portfolio.
Action: At the September 2011 board meeting, the appointment of Jagdeo Singh, Fortis Chambers to provide professional services in settling the legal issues associated with the relocation of the Oropune villagers.
• Request: Human Resources consultant to remain on a month-to-month contract.
Action: Members were advised at the August 2011 board meeting that the decision of the board taken to with respect to the renewal of a one-year contract for the human resource consultant will revert to a month-to-month contract on the basis that the potentially new appointee to the position of human resource manager possessed the capabilities and experience to address industrial relations issues.
• Request: Favourable consideration be given to three specific attorneys for the vacant positions within the AATT Legal Department. Action: The positions were publicly advertised, and the recommended people were shortlisted in preparation for the interview process.
• Request: Removal of board member Diane Hadad as chairman of the Business Development Committee (BDC) and or termination decision and instructing management to halt negotiations with various concessionaries in the absence of board approval. In addition, you advised that negotiations must continue with potential concessionaries.
Action: The BDC was immediately disbanded on the basis that the decisions taken with respect to the halting of negotiations with concessionaries were not in the interest of the authority nor was it approved by the board. Additionally, while the committee was established by the board, no terms of reference were documented and items discussed overlapped with the business of the operations committee. Furthermore, negotiations with the following concessionaries resumed without delay.
According to Bajnath, among the requests to be filled with the concessionaries are:
•T o issue a letter of commitment to open one food kiosk at the International Departure Lounge East and another in the International Departure Lounge West
• To lease 16 square meters of space at the south terminal for an Automated Teller Machine (ATM)
• To issue a licence to place an ATM at the north terminal
• To send a sample lease without rates
• To lease 172.69 square meters of office space at the south terminal
• To complete negotiations with the company when the review of rates and charges has been completed.
Bajnath also disregarded all grounds for moving the motion stating that the allegations were without fact and a breach of protocol.
Six against Bajnath on the board
The fall-out between Maharaj and Bajnath comes one month after chairman of the Port Authority of T&T Clive Spencer was fired. Spencer had claimed that he was given the boot because he refused to adhere to the minister’s directives. Sunday Guardian has been reliably informed that board members—Gary Kalliecharan, Suresh Ramdial, Emile Baptiste, Dyanand Maharaj, Ian Gomez and Diane Hadad voted in favour of the no-cofidence motion against Bajnath.
Citing grounds for the motion, the board members stated the following reasons for removing Bajnath:
• Has demonstrated total disregard for the AATT Act and procedures governing the authority, pertaining to his authority and decisions taken by the board.
• Failure to call a vote on motions which were proposed and seconded at the board meeting.
• Failure to carry out instructions of the line minister in a timely manner.
• On several occasions displaying an inability to control and conduct board meetings in an orderly manner
•Chairman has on occasions disregarded requests by members of the board to have employees of AATT leave the boardroom for private discussion.
Deputy chairman also under fire
The saga does not end there though, as Maharaj is also reportedly butting heads with the deputy chairman of AATT Felix Hernandez. This, after Maharaj claimed that a no-confidence motion was also moved against Hernandez on October 21. Maharaj also referred Hernandez’s matter to the Attorney General.As to which members moved the motion remains an issue of contention.
Six board members, Maharaj stated, gave the following reasons for their decision:
• Has demonstrated a failure to understand and comply with the AATT Act and procedures governing the AATT
• Unilaterally changing lawful decisions taken by the board
• Has on occasions displayed abusive behaviour towards members of the board and employees
• Allow misinformation to be presented to the board, despite objection from board members.
• On several occasions displaying inability to support chairman in conducting meetings in an orderly manner
• Displaying poor judgement with little regard for fair and natural justice.
Vehemently denying that the majority of members voted in favour of the motion, Hernandez responded to Maharaj stating: “I was present and attended the monthly statutory meeting of AATT on October 21. At that meeting no resolution was tabled or voted upon in terms of the enclosure in your under reference. One of the members of the board moved a motion of no confidence in me as deputy chairman. The motion was seconded. No notice was given of this resolution nor was any details supplied. Some discussion took place on the resolution but it was never put to vote and therefore not passed.” Hernandez who is weighing his legal options has deemed the allegations as ‘vague’ and ‘malicious’, insisting that he acted in accordance with the provisions of the AATT Act.
Transport Minister responds to allegations
Contacted yesterday, Maharaj attempted to downplay the rift at the AATT insisting that the “board is very much in place” and Bajnath remains the chairman. Pressed further as to why he opted to refer the no-confidence motion against Bajnath and Hernandez to the Attorney General, Maharaj said: “No, no, it is not true I have not referred the matter to the Attorney General,” Maharaj said. However, when told that the Sunday Guardian was in possession of the correspondence dated October 31, that stated the matter was engaging the attention of the Attorney General, Maharaj then replied: “I have to see what you have before you.” On the issue of giving directives to Bajnath for the granting of ‘special requests’ in relation to the maintenance of the grass and fence line at the airport, Maharaj explained: “I have a letter from Bridgecom Ltd stating that they have some concerns with the tendering process. In terms of Mr Bajnath, I spoke to him identifying the concern of this person who tendered and that he should review the tender process if indeed the allegations made by Bridgcom is correct. “Subsequently, the board indicated that they did indeed find out that there were some problems with the evaluation criteria of that particular contract and they deliberated upon it and arised at the lowest bidder.”
Admitting that attorney Jagdeo Singh of Fortis Chambers has been retained to represent the interest of AATT regarding the relocation of farmers in Orpoune Maharaj said: “There was issue regarding the brief from the previous attorney amounting to $1.8 million or $2 million dollars. It was felt that that price was exceptionally high for the brief. I asked them to look around for other attorneys and my experience with Mr Singh is that he is reasonable; we are ensuring that we get value for money and not exorbitant legal fees.” The minister, however, was oblivious on the issue with the human resource consultant who has been hired on a month-to-month contract. As to whether he requested for three ‘specific’ attorneys to fill the vacancies in the legal department, Maharaj explained: “Since I came into office I have been getting request for jobs and so on. What I do is that I take the resumes and filter them out to the various departments and ask if they can consider them. As far as I know, the AATT has not met in a number of months to fill any positions.” The minister, however, denied that he requested the removal of the BDC chairman. “Only recently, I was in Tobago with Ms Hadad; we have a good relationship. This issue with the BDC is one that troubled Mr Bajnath because he felt it was impeding some of the work he wanted to do in regard to the concessionaries. He identified that negotiations had halted because of the BDC.
“Those details with the concessionaries I would not know,” Maharaj stated. Attempts to contact managing director of Bridgcom Ltd Narindra Ramsubhag proved futile.
PS sends legal letter to minister
The permanent secretary (PS) in the Ministry of Tobago Development Hermia Tyson-Cuffie is demanding an apology from Transport Minister Devant Maharaj in relation to claims that she played a role in the alleged “slush fund” set up under the Community Development Scholarship Financial Assistance Programme. Through her attorneys Alexander, Jeremie and Company, Tyson-Cuffie, who was recently promoted to the rank of PS, has issued a pre-action protocol letter to Maharaj regarding statements he allegedly hurled at her outside the office of the Equal Opportunity Commission on October 25. Tyson-Cufffie, who has been employed in the public service for the last 36 years, is claiming that the statements identified her as a “player” in the alleged slush fund at the Ministry of Community Development, Culture and Gender Affairs.
In her claim for damages, the PS said the statements also imputed that during the period 2003 to 2007, when she held the position of deputy permanent secretary she acted in a racist manner, discriminated against people of East Indian descent, favoured and facilitated members of a political party and managed the Ministry’s funds in such a manner that they were dissipated and could not properly be accounted for. The statements, Tyson-Cuffie said, could be interpreted as she committed a criminal offence in public office under the relevant statutes of the Prevention of Corruption Act and the Integrity and Public Life Act. The permanent secretary further contented that the fund fell under the jurisdiction of the Minister of Community Development and Gender Affairs and was managed by a committee of which she was never a member of as deputy permanent secretary, since the inception of the programme in 2003. All recommendations, Tyson-Cuffie claimed, were approved by the relevant minister and payments were authorised by the then PS for the Ministry of Community Development, Culture and Gender Affairs.
Substantiating her claim, Tyson-Cuffie said no where in the alleged Equal Opportunity Commission report makes mention of her name or any responsibility attached to the office of the deputy permanent secretary that she formerly held.
hustla_ambition101 wrote:40 views and untouched
In the face of a $339 million loss, State carrier Caribbean Airlines is now paying $20,000 a month to local company Triple D Rentals to lease a Toyota Prado vehicle for chairman Rabindra Moonan.
The Sunday Express understands that Moonan initially requested an Audi Q7 to be leased for the chairman's use but subsequently changed his preference to the Prado.
The Sunday Express was told that it actually cost the airline more to lease the PCL-licensed Prado than the Audi Q7.
Moonan requested the vehicle be delivered on the first day of his board meeting on May 9.
It was authorised by CAL's legal department.
Contacted yesterday, Moonan asked why this issue was news.
"CAL may have leased a Prado for themselves and they have used it to transport me to various events. If there are any events which I attend on behalf of the company, the company provides me with transport," he told the Sunday Express.
When it was pointed out that former chairmen did not enjoy such luxuries, Moonan defended the lease: "The last chairman was George Nicholas III. I live in San Fernando. At times, I have to go to three meetings in one day."
CAL sources explained that it was an unusual development in the company as only board fees have traditionally been paid to the directors.
But the State Enterprises Performance Monitoring Manual titled: "Improving The Corporate Governance Framework for State Enterprises" published by the Ministry of Finance in July 2011 and given to all State appointees states under the Car Loans section: "Company cars of car loans should not be granted to chairmen or directors."
Further the manual lists exactly what chairmen are entitled to: a monthly fee and a travelling allowance.
The Sunday Express understands the chairman of CAL is paid a meeting fee of $7,000 and is entitled to $1,000 in travelling.
The vice chair is paid $6,500 per meeting and is entitled to a $750 travelling allowance while directors are paid $5,500 meeting fee with a $500 travelling allowance.
The Ministry of Finance held a workshop for all State appointees last year to make them aware of their fiduciary responsibilities.
That meeting was attended by Nicholas.
Moonan explained that his focus was on the "bigger picture" at CAL.
At the moment, the airline is facing "operational risk" with its debt challenges.
Finance Minister Winston Dookeran had said Government will have to intervene to keep the airline flying even as it faces some US$140 million in bills—$40 million to various entities and US$100 million to France's Aviones de Transport Regional (ATR) .
Dookeran said his ministry had asked the State airline for a list of its financial requirements and a business plan for the future which will inform the amount and type of intervention which the government will pursue for CAL.
On May 4, Dookeran disclosed to Parliament that the airline made an unaudited loss of US$52.8 million ($339.5 million) for 2011 while Air Jamaica recorded an unaudited loss of US$38.1 million ($245.2 million) for 2011.
Despite the losses, CAL remains committed to expanding its network to London next month for the London 2012 Olympics. Transport Minister Devant Maharaj has said the route's feasibility will be reviewed after six weeks.
But the Sunday Express learned that the airline was recently facing problems with getting its two aircraft for the route prepared in time and it resulted in a slashing of flights which were previously proposed. It was learned that one aircraft would operate the route from June 14-29 while the other aircraft will start from June 30.
Transport Minister Devant Maharaj has said Caribbean Airlines (CAL) chairman Rabindra Moonan did not request a luxury vehicle for his use when he was appointed to lead the board of the State carrier.
Maharaj spoke with reporters at the Port of Port of Spain yesterday as he unveiled two new empty container handler machines, a new website and software for port operations.
He said a new leased Toyota Prado used by Moonan was actually costing less than the previous leased vehicle.
Maharaj said before Moonan assumed office, a Mercedes Benz was leased for use by the chairman and the rest of the board of directors at CAL but Moonan found the price of the lease was exorbitant and as such he recommended that lease be cancelled.
Express investigations have however revealed two previous CAL boards did not lease a Mercedes or any other vehicle for use by directors.
Directors led by former chairman Arthur Lok Jack all drove their own vehicles to attend board meetings up until they resigned in 2010 with the change of government that year, CAL sources confirmed yesterday.
A former director on the CAL board which followed Lok Jack also said yesterday no airline director used a leased vehicle.
Former director Alan Clovis told the Express no CAL director used a leased vehicle for board meetings. Clovis left the CAL board in June 2011.
CAL recently returned a leased Honda Accord which was sometimes used by one of its vice presidents, CAL sources said. The lease for this vehicle cost $6,000 a month.
The Prado leased by CAL at present is costing the airline $20,000 a month.
Transport Minister Maharaj said yesterday: "The Prado would be leased for use of the management and board of the Caribbean Airlines, it would not be used only by the chairman."
Maharaj defended Moonan's access to the vehicle, saying he had a "hectic schedule" as he sought to "turn things around" at the State carrier.
"It is required now that almost every other day (he has) to be in meetings with various stakeholders to carry about his duties. This is not an executive position. If we want Caribbean Airlines to really turn around we need the chairman to be very focused at this time," he said.
Maharaj said this was not some back-door deal brokered in the "dead of night", but was decided at a board level.
"Clearly the facts need to be verified before headlines are written," he said.
With regard to last Thursday's announcement by Prime Minister Kamla Persad-Bissessar of a Cabinet reorganisation, Maharaj said he was not overly concerned, even though he came in as a minister after the previous reshuffle last year.
"I have always felt that a continuous review of boards and chairmen under my watch was my standard of working practice," he said.
Maharaj even warned the Port board members in attendance that a review was a necessary part of the job.
"Nationals of Trinidad and Tobago need to get the best service and if the Prime Minister in her wisdom feels the need to realign portfolios then nobody can argue with that," he said.
AN internal procurement audit of the National Agricultural Marketing and Development Corporation (Namdevco) has unearthed multiple cases of money being spent without contracts, backdated invoices, over-compensation for projects and contracts being awarded to companies without Value Added Tax (VAT) registration.
It has concluded that the procurement of goods and services at Namdevco "are weak/ineffective/absent at times. At present the internal controls are not strong and the filing system is almost non-existent".
The audit, dated May 21, was conducted by Namdevco's internal auditor Andre Sookram.
The scope was from 2010/2011 to November 2011.
The audit noted that there was no formalised procurement procedures and the State enterprise received bids which did not comply with the tender rules "by incomplete forms and non submission of NIS registration, Board of Inland Revenue and VAT clearance certificates. It appears the bids did not go through a pre-qualification analysis."
In one instance, Namdevco received 12 invoices from a contractor, See First Construction Services of Lendore Village, Chaguanas, for a $256,200 contract it was awarded to upgrade the Piarco Packing House. The invoices were broken down into varying amounts of ranging from $22,000 to $24,900.
"It was observed that See First Construction submitted all its invoices below $25,000. It appears that this was done to avoid seeking the tender committee's approval for the amount of $256,200 but rather splitting the cost into 12 invoices below $25,000 to meet the CEO spending limit," the report noted.
The auditor observed that that there was also an over-payment to the project manager of $20,142 and furthermore, Namdevco did not have a contact on file for See First Construction Services.
"If there was no contract what were the scope of works and the specifications of the work to be done? How was it determined that the contractor was capable to do work that was required? There was no contractual price (Bill of Quantities), how was it determined if the corporation was getting value for money?" the report observed.
"It was also observed that See First Construction Services total invoices was for $256,200 which was over the VAT threshold of $200,000 at the time and was not registered for VAT," it said.
The audit also examined Namdevco's tendering for tables to companies also not registered for VAT and over the threshold.
"The Corporation should remember it is a State Enterprise and it should seek to work with companies/sole traders that follow the laws (tax) of the land," it said.
The audit also considered that variations were made to the contract to upgrade the Southern Wholesale Market but that the variations were never brought to the Tenders Committee nor were they approved by the board.
The audit also noted that there was no contract between Namdevco and a company called M&L Rentals for which tents and tables were done on a weekly basis. The audit noted that M&L Rentals was not on the service provider lists of the State corporation.
"M&L Tent Rentals for the period May 2011 to August 2011 charged delivery and set up at a cost of $400 for the Chaguanas and Diego Martin Farmers Market but had quoted $200 and $300 respectively. This overpayment should be calculated and the supplier written to in an effort to get the excess payments returned," the report said.
Contacted by the Sunday Express, Namdevco chairman Robert Ramsamooj yesterday confirmed the findings of the audit but pointed out that the company has since put things in place to correct the procurement leaks.
"Those things did take place but we have since put things in place to correct it," he said.
Ramsamooj said the payments of the contracts were broken down so they never came before the board.
"It escaped scrutiny because it was the legal limit of spending for the chief executive. As a chairman, I cannot micromanage nor sit on the Tenders Committee," he said.
He pointed out that a former employee signed off on those invoices and was subsequently fired by the board.
Food Production Minister Devant Maharaj said yesterday that the audit was conducted before he assumed the Food Production portfolio.
He said he hosted a meeting with Ramsamooj, Namdevco's chief executive Krishna Ramrattan and the ministry's permanent secretary Mryna Thompson last week to discuss the audit report.
"We went through the report complaint by complaint. It was clearly an administrative function at Namdevco. The issues did not come before the board but they been working on it."
He noted that State enterprises will be under heavy scrutiny for budget allocations unless they are transparent and can stand up to scrutiny.
One month after several board members of the Chaguaramas Development Authority (CDA) challenged the $30,000 monthly payments being forked out to contract corporate legal services, moves are afoot to disband the state board. The Sunday Guardian learned Planning Minister Bhoe Tewarie issued the directive last month, instructing all board and committee meetings to cease with immediate effect.
And, in an unprecedented move, the line minister has also moved to overturn the decision taken by the board, insisting the agreement to contract corporate legal services should not be terminated but extended. The directive comes almost three weeks after seven of the nine board members voted against the $30,000 payment, questioning why the position of corporate secretary was not being advertised.
It was at an August 3 meeting with the minister that the board members objected to an extension being granted to contract corporate/legal services. However, in a shocking development, board members were told of the minister’s directive via e-mail two weeks ago by acting corporate secretary Leisa Kisto. The e-mail stated: “The minister has informed that there shall be no more committee and board meetings.” Law firm Kaisel Services Ltd has been contracted to provide corporate/legal services to the CDA since July.
The law firm was also hired in May by the National Flour Mills, whose board is mired in controversy after six board members moved a vote of no confidence in chairman Jacqueline Burgess, replacing her with director Suresh Maharaj—the brother of Devesh Maharaj. That decision, however, was later reversed.
Corporate fees move from $15,000 to $30,000
However, reliable sources said the board took issue with the agreement after it was found that the sum being paid to the law firm was almost double the amount previously paid to other law firms. It is the second time within recent months that the contract for corporate legal services has sparked contention among the CDA board, which is chaired by Danny Solomon.
Following a T&T Guardian exclusive report, the law firm of Devesh Maharaj & Associates was terminated from providing corporate/legal services after financial statements surfaced showing fees to the sum of $75,000 being directly paid to the law firm—which also represents the CDA in several matters. The sum paid to Devesh Maharaj & Associates for corporate services was separate from the legal fees incurred by CDA for representation in several matters.
A senior official commented, “What transpired on August 3 is absolutely shocking. It is a clear attempt to manipulate the board. No minister is supposed to get involved in the day to day operations of a state enterprise. The board took a decision not to extend the contract and the minister is going against the decision...The role of the line minister at CDA has definitely been mixed up.” Since October 2011 a number of law firms have provided corporate secretary services to the CDA, owing to the vacant position.
Board clash over CEO
It was revealed that several directors had also voted against Joycelin Hargreaves being appointed as the acting CEO of the CDA. She previously filled the position of chief operations officer. “A vote was taken and seven out of the nine directors were against the acting appointment,” the official said. “A decision was taken unilaterally and the board decision was also overturned. What is the purpose of a board if all decisions are being ignored? If such actions are allowed then the appointments of boards are useless.”
Documents revealed directors had written to the chairman indicating their intention to move a vote of no confidence in Hargreaves at the next board meeting, which was scheduled for later this month. A copy of the letter was also sent to the minister, along with a second letter requesting an audit. Citing grounds for the audit, the directors listed the following:
• The lease agreement involving EOG Resources Trinidad Ltd and the deposit of a $2.4 million cheque from a third party
• Decisions taken without board approval
• Proper procurement procedures not being followed in the awarding of contracts
• Recruitment process flawed
“Business cannot continue the way it is going at the CDA,” the senior official stated. ”Very soon all that is going to be left is an empty shell. The company cannot become self-sustainable because there are too many irregularities taking place and no one wants to be held accountable.”
Tewarie responds:
Contacted on Friday, Tewarie neither confirmed nor denied that he had given a directive to halt all board and committee meetings at CDA. The minister said, “Meetings of the board are generally called by the chairmen. I have in fact indicated with the chairmen and other members of the board that I want to meet with them before the budget. I have issued invitations to them to attend a meeting with several boards so we could discuss matters.
“I do not know what is happening at the board in terms of decisions. That is the job of the chairman and corporate secretary." Asked if he had overturned the board’s decision not to extend the contract of the corporate secretary, Tewarie replied, “I received a letter from the chairman making a recommendation for the contract of the corporate secretary to be extended until the CDA is able to recruit a corporate secretary.”
Asked if board members voted against the extension of the contract to the corporate secretary, the minister said, “I do not know what the board did. I did what I had to do.” Meanwhile, regarding the rental of properties in Chaguaramas involving EOG and CDA, the minister said both parties had reached an amicable resolution and a lease agreement was signed. CDA chairman Danny Solomon could not be reached by phone on Friday and did not return calls.
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