THE Privy Council has dismissed the final appeal concerning an $83 million default judgment against the Estate Management and Business Development Company Limited (EMBD), but this decision does not impact a separate, ongoing $300 million case involving EMBD against several former officials, contractors, and Oropouche East MP Dr Roodal Moonilal.
At a press conference on Wednesday, Attorney General Reginald Armour, SC, said that Dr Moonilal had conflated the two cases, misrepresenting the implications of the Privy Council’s ruling.
He said there was the dismissed appeal that involved EMBD’s challenge to decisions by the High Court and Court of Appeal, which awarded a default judgment to Junior Sammy over contract arrears.
In contrast, the ongoing case, dubbed the “cartel claim” involves allegations of a conspiracy to award contracts before the 2015 general election.
Armour said that the Privy Council’s decision does not affect the merits of the cartel case set for trial. Furthermore, he defended EMBD’s decision to appeal, noting that the company had initially alleged fraud but later conceded it could not pursue this defence. The appeal also addressed FIDIC contract operations and a $40 million financing arrangement linked to EMBD’s debt.
In 2020, EMBD paid over $87 million to Junior Sammy’s lawyers and deposited an additional $37 million into a court account to settle the debt if they lost the appeal.
Armour stated, “The EMBD has been prudent and responsible and has wasted no taxpayers’ money in pursuing these matters.”
Junior Sammy’s lawyer, Ramesh Lawrence Maharaj, SC, said that EMBD made the payments after concerns were raised about the appeal’s prospects. He said that the Court of Appeal ordered these payments as security for the judgment debt.
Dr Moonilal also criticised the EMBD board, accusing them of facilitating political propaganda and stating, “If you cannot prove in one; you cannot prove in any,” referring to similar lawsuits against other contractors. He called on the board to resign.
The AG haste to have a press conference to tell us the two cases are separate is something that intelligent people already know. His obsession with Dr Moonilal statements is telling particularly when taxpayers monies are abused by this government to compensate and pay lawyers. The AG must tell us why this case was appealed to the PC when monies were put aside after our CA unanimously ruled in favor of JS . The decision to put aside monies shows that success at the PC was like a snow cone in hell. Was this done so eat ah food lawyers …. recently elevated SC could benefit. The other issue at hand is the cartel case and the similarity with this case . Same lawyer Ramesh. The contractors involve continue to to work for the Government. More importantly is the outcome the same ….Taxpayers suffer at the expense of eat ah food lawyers. The import issue are we being told the truth by this AG ….is it a Miami episode of lying