DEREK ACHONG
Senior Reporter
derek.achong@guardian.co.tt
Businessman Steve Ferguson has failed in his latest bid to stymie the Government’s move to enforce a US$131 million judgment in a United States case over alleged corruption related to the construction of the Piarco International Airport.
Delivering a decision, yesterday morning, High Court Judge Frank Seepersad rejected Ferguson’s application for an injunction to stop the Office of the Attorney General from requesting that he provide a deposition in the preliminary stages of enforcement proceedings against him in relation to the US judgment.
Justice Seepersad noted that Ferguson had failed in two previous attempts to derail the US proceedings on the basis that the actions of the AG’s Office in pursuing it were unconstitutional.
One case filed in 2019 was settled, while another filed in December last year, is still pending. He noted that Ferguson was seeking an almost identical injunction as the one that was rejected by Justice Nadia Kangaloo in the most recent case in March.
Justice Seepersad said, “In essence, the Court holds the view that the Claimant has not followed due process and has invoked the jurisdiction of this court in an attempt to re-litigate issues which have already been considered by Kangaloo J in the previous civil action.”
He noted that he could not interfere with his colleague’s handling of the case despite Ferguson calling on her to recuse herself over a connection with Renee Pierre, the former companion of ex-finance minister Brian Kuei Tung, who is a defendant in one of the local criminal cases over the airport project.
“This court cannot exercise any appellate function nor will it review the operative circumstances which are referenced in the previous civil action,” he said, as he noted that Justice Kangaloo is expected to rule on her possible recusal on October 30.
Justice Seepersad also pointed out that Ferguson is entitled to challenge the deposition process when the US case comes up for hearing next week.
He added that the State would be prejudiced if the injunction was granted.
Justice Seepersad noted that Ferguson was given legal undertakings that the contents of the deposition would not be used by the Office of the Director of Public Prosecutions (DPP) in criminal proceedings, and that the State would not seek to execute the US judgment until the case before Kangaloo is determined.
As part of his decision, Justice Seepersad ordered Ferguson to pay the legal costs incurred by the State in defending against the injunction.
Despite his findings on the injunction, Justice Seepersad did rule that Ferguson had raised valid concerns in his lawsuit which had to be determined by Justice Kangaloo or another judge.
The US lawsuit relates to the alleged fraud and inflation of two construction contracts and a maintenance contract for the airport.
Attorney General Reginald Armour was disqualified from being this country’s representative in the case, on the basis that he downplayed his role in briefly representing Kuei Tung in the local criminal proceedings.
His predecessor, Faris Al-Rawi, who currently serves as Rural Development and Local Government Minister, was allowed to replace him and continues to represent the State in local and foreign litigation in relation to the matter.
In May last year, Miami-Dade Circuit Court Judge Reemberto Diaz entered final judgment against Ferguson, Keui Tung and US businessman Raul Gutierrez Jr for US$131,318,840.47 after a jury upheld a civil asset recovery case over criminal conduct linked to the airport project.
The country also successfully sought US$38,876,972.89 in prejudgment interest, less US$4,631,691, which was previously paid by the trio in settlements and restitution.