radhica.sookraj@guardian.co.tt
The Government has racked up a staggering $1 billion-plus in legal fees paid to attorneys since it took office in 2015.
This was revealed to UNC activist Ravi Balgobin Maharaj in a series of Freedom of Information applications sent to government ministries through the Freedom Law Chamber headed by former attorney general Anand Ramlogan, SC.
The legal fees payout was disclosed by Attorney General Reginald Armour in a letter dated April 5, 2023, to Maharaj’s attorneys.
Information obtained by Guardian Media revealed between September 2015 to March 3, 2023, a total of $1,116,405,411.34 was paid out to 109 attorneys, some of whom are expected to be bestowed with the title of Senior Counsel this week.
Among those receiving payouts was Attorney General Armour who collected $17.5 million. Of this sum, $3.2 million was collected during his tenure. However, former AG Faris Al-Rawi said yesterday that the sum collected by Armour was for work done before he assumed office.
Political activist Ravi Balgobin Maharaj
Junior attorneys in Armour’s Marie de Vere chambers, Vanessa Gopaul and Raphael Ajodhia, collected a total of $12.2 million.
The Freedom of Information data obtained by Maharaj did not include the legal expenditures from the critical Ministries of Finance and Energy, which will take the figures for payment to attorneys even higher.
Maharaj has taken Finance Minister Colm Imbert and Energy Minister Stuart Young to court, seeking an order to compel them to make the necessary disclosures.
Those matters are presently pending before the High Court. Maharaj is being represented by former Attorney General Anand Ramlogan, SC whilst the Government is being represented by Russel Martineau, SC, Guardian Media was told.
According to documents obtained in 2022 by Guardian Media, Maharaj had spent six months working on an FOI request which stated that the PNM had paid out $799.8 million between September 2015 to January 25, 2022. The figure did not include legal fees paid by several ministries.
Attorney Russell Martineau
Abraham Diaz
Breakdown of fees
Based on a compilation of the data, the highest legal fees went to Russell Martineau and Co ($46.6 million), Fyard Hosein ($28.5 million), Deborah Peake ($24.7 million), Claude Denbow ($22.8 million), Gilbert Peterson ($18 million), Seenath Jairam ($19 million), and Douglas Mendes ($10 million).
The data shows junior counsel lawyers collected fees over eight years.
These included attorneys Amirah Rahaman ($13.8 million), Netram Kowlessar ($12.6 million), Ravi Rajcoomar ($12 million), Tamara Toolsie ($8.1 million), Vanessa Gopaul ($7.8 million), Dharmendra Punwasee ($7.8 million), Ravindra Nanga ($7.7 million), Rishi Dass ($6.7 million), Raphael Ajodhia ($4.4million), Andrew Dalip ($3.6 million) and Terrence Bharat ($2.8 million).
Attorney Fyard Hosein, SC
Shirley Bahadur
Also receiving hefty payments were several auditing and overseas firms including Deloitte and Touche ($171 million), Charles Russell Speechlys ($43.6 million), Freshfield Bruckhaus Deringer ($10.5 million), Sequor Law ($23.2 million) and White & Case LLP ($33.9 million).
Kerwyn Garcia, the husband of President Christine Kangaloo, collected $14 million. Fitzwilliam, Stone, Furness-Smith & Morgan collected $23 million. President Kangaloo’s brother Colin Kangaloo has been a partner in this company since 2000.
Sequor Law PA which represented the Government in the recently concluded Piarco Airport corruption case in the United States was paid $23.2 million. They were, however, disqualified by the court after it was discovered that Armour had acted for one of the defendants in the criminal matter in Trinidad (Brian Kuei Tung). They were replaced by White & Case LLP. White & Case LLP was paid $33.9 million in legal fees by the State.
Attorney Roger Kawalsingh
Meanwhile, attorney Roger Kawalsingh, who was a former member of the controversial Bliss Seepersad Police Service Commission, collected $18.2 million. He was also the attorney for Vincent Nelson, KC, who is the main witness in the corruption case against former AG Ramlogan and attorney Gerald Ramdeen.
Kawalsingh was paid over $5 million for services he rendered to Nelson, KC. Nelson is now suing the State for breach of an indemnity agreement Kawalsingh had assisted in negotiating on his behalf with former AG Al-Rawi.
The data also showed that the auditing firm Deloitte & Touche collected $171 million.
UK-based Charles Russel & Co which is responsible for litigation in the Privy Council was paid $43.6 million.
The People’s Partnership led by former prime minister Kamla Persad-Bissessar had also been criticised for its high legal bill during its tenure.
At that time Al-Rawi had condemned the UNC, naming several attorneys as well. Al-Rawi had said that the PP spent $1.4 billion in legal fees.
Faris Al-Rawi
Al-Rawi speaks
Guardian Media was unable to get AG Armour to respond to the data provided as calls and messages left for him went unanswered.
However, in a letter dated April 5, 2023, to Maharaj’s attorneys, Armour said, “Despite objections from many of the attorneys-at-law retained by the ministry, the ministry being fully cognisant of its responsibilities under the FOIA, and in accordance with its willingness to make certain disclosures to your client has compiled a statement of legal fees paid for the period June 19, 2021, to March 3, 2023, with the name of each attorney and law firm to whom such payments were made. The fees consist of fees paid by the ministry for itself and for and on behalf of state divisions and enterprises as the case may be.”
The letter further said, “That a statement of legal fees for the period October 2015 to June 18, 2021, was disclosed in Parliament on July 3, 2021, concerning the value for money considerations arising therefrom with particular focus on expenditure for professional fees including legal fees and forensic accounting fees by the ministry for itself and for and on behalf of state divisions and enterprises.”
When Guardian Media contacted Al-Rawi regarding the payments to Attorney General Armour he said, “I recall and confirm that the AG when he was in private practice was retained by the Office of the AG and he performed excellent work for the State. He led the team on COVID matters. Before I left the office of the AG, monies were owing to him which I approved and certified as due and owing.
“Without seeing the papers, I am sure the payments made afterwards to Armour (during his tenure) would be monies received for authorisation I gave as AG for work done before he became AG.”
According to Al-Rawi, during his tenure, the list of people retained by the AG office was published “and is on the Parliamentary website with a Value for Money statement.”
He said he was unable to comment on why the Ministry of Finance and Energy refused to make disclosures as requested under FOIA.
Last year when the story on legal fees was first published, Al-Rawi said the data was “inflated” as there was a failure to separate legal fees from sums paid to litigants, resulting in “a deeply troubling inflation of alleged payment in fees.”