Jensen La Vende
Senior Reporter-Investigative
jensen.lavende@guardian.co.tt
Prime Minister Dr Keith Rowley has accused the Integrity Commission (IC) of “deliberately attempting to tarnish my reputation” after he was informed that he is now the subject of another investigation.
This is the third time in his political career that Rowley is being investigated by the IC for allegedly breaching the Integrity in Public Life Act (IPLA) and the second time since becoming Prime Minister.
This latest investigation was sparked by allegations that contracts awarded to a company owned by his friend Allan Warner were not above board.
On the two previous investigations, Rowley was cleared of misbehaviour in public office.
Rowley, in response to Guardian Media on Friday evening about this latest investigation, said, “The Integrity Commission, acting in concert with others, is deliberately attempting to tarnish my reputation by attempting to find ways to associate me with contracts and awards that I have had absolutely nothing to do with.”
The latest investigation comes months after he was cleared by the IC of any wrongdoings in his declaration of a Tobago townhouse.
The substance of this investigation centres on the awarding of contracts to the man who built and sold Rowley the said townhouse.
In his WhatsApp response, Rowley said, “The Commission, on its own volition, it says, is going to re-open an investigation into my involvement. This is a grand fishing expedition, hoping to slander me by associating me with contracts with which I have had absolutely nothing to do with.”
The IC letter
Guardian Media received a copy of a letter sent to Rowley dated November 23 informing him of the decision to begin an independent probe.
The letter was captioned: Commencement of investigation into potential breaches of the Integrity in Public Life Act (IPLA) Chapter 22:01, arising from the award of contracts to Mr Allan Warner and/or companies with which he is affiliated or associated and has an interest therein.
“Please be advised that the Commission has therefore found it necessary to investigate whether the government contracts awarded to Mr Warner and/or companies with which he is affiliated or associated have been granted in conformity with, inter alia, adherence to your obligations and responsibilities under the act. Especially after the acceptance of the gift.”
The letter ended with the IC informing Rowley that its investigators would contact him and asked that he cooperate with the investigation which it hopes to conclude in a timely manner.
Rowley said that after he received the letter, he passed it on to his attorneys who responded to the IC.
“It is my view that in the most incomprehensible of ways, the Commission in attempting to generate something here has based its actions on specifically four contracts, identified by the Commission. Two of these contracts were not done by Warner (as initially alleged by the UNC) and the other two are contracts awarded in Tobago by the autonomous Tobago House of Assembly.
“Clearly the Commission knows something that nobody else knows so I await the outcome of their expedition. It is clear that your approach to me now, and the placing of this matter into the public domain is the origin and intent of this attack on my character, without a shred of evidence to support the concerns of the Integrity Commission.”
The IC said the investigation stemmed from information in the public domain “which has come to the attention of the Commission.” It added that specifically the contracts that were awarded to Warner and or his companies regarding four state projects were the impetus for their investigations.
The contracts are:
The construction of a terminal at the ANR Robinson International Airport, Tobago.
The Prime Minister’s Tobago Residence, including an alleged contract awarded with respect to paving the driveway thereof
Contracts awarded to Warner Construction and Sanitation Limited during the year 2021 by the Tobago House of Assembly
The Shirvan Estate Land Development government project on the island of Tobago.
“The instant investigation has also been prompted by the Commission’s findings that you did accept a gift, that being a discount of $400,000 more or less, as regards the purchase of a townhouse by you and your wife, Mrs Sharon Clark-Rowley, from Inez Investments Limited,” the letter said.
The letter said the investigation was sparked by the IC’s initiative in accordance with Section 33(a) of the IPLA.
Section 33 of the Act reads: “The Commission—(a) may on its own initiative; or (b) shall upon the complaint of any member of the public, consider and enquire into any alleged breaches of the act or any allegations of corrupt or dishonest conduct.”
It added that the contents of the letter were previously disclosed to Rowley in a letter dated June 29, when he was cleared of any alleged wrongdoing. The IC said while that matter was settled, the fact that it found Rowley to have accepted a gift, “may create possible situations in the aftermath of the acceptance of the gift and/or personal benefit which may be contrary to the Act, and more specifically its Code of Conduct.”
Rowley and Warner’s relationship has been used in the political arena for years. When the relationship between the two was raised after he bought the Inez property, Rowley at a media conference in August said he and Warner had been business partners since 2008 with his Tobago farm.
Warner owns 25 per cent of the farm while Rowley owns the other 75 per cent. At the time of the farm purchase, Rowley was a PNM backbencher after his public spat with then prime minister Patrick Manning.
Keon Warner, when called last Wednesday, said the allegation that the Warner companies were favourably selected because of a relationship with the Prime Minister was “total nonsense.” He gave no other comment.
BOX
Rowley VS the Integrity Commission
In 2021, Opposition MP Saddam Hosein claimed that Rowley’s Inez Gate townhouse was not declared on Form B of his declaration, only Form A, thereby breaching the Integrity in Public Life Act.
In defending himself at a media conference on August 9, Rowley said Form A did not require him to declare properties, only land. He said while the Integrity Commission suggested that the law be changed to include land and building, until such time, he broke no law. He even went further to chastise the IC at the media conference for failing to deal with the issue when it was first raised.
Rowley was also accused of receiving a gift after he paid $1.2 million for a house valued at $1.6 million and paid stamp duties for a property valued at $1.6. It said Rowley’s attorneys would have dealt with the stamp duties and it could not determine that the Prime Minister knowingly made false statements based on the stamp duty discrepancy. It said Rowley did no wrong in stating that the value of the property was what he paid for it.
At a media conference in August, Rowley explained how he managed to pay less for his home compared to his neighbours. He explained that it was the norm in purchasing property that when one buys off the drawings, before construction, to get a discounted price compared to those who purchase after construction begins.
“I agreed on a price ($1.2 million) when those townhouses were on paper. By the time they were built, and other people came and saw the thing (development) and liked it and wanted to pay more, what does that have to do with me?” he said.
After Rowley was cleared of supposed malfeasance, the IC said while the IPLA does not disallow those subjected to the law to receive gifts when compared to the prices paid by others for houses within the same development, Rowley, who paid less, did receive a gift but it was not as a result of him being the Prime Minister.
Rowley has maintained that he obeyed the law regarding the townhouse and chastised the IC for failing to make that clear.
“An Integrity Commission is supposed to have integrity. All of this could have been avoided if the Integrity Commission had told the population that I did disclose (the townhouse) in my declaration (form A) and that form B does not require disclosure, and they have made proposals to Cabinet to have buildings disclosed in form B.”
BOX
Projects under probe
The airport expansion
In 2020, the Finance Minister said the upgrade of the airport, which included land acquisition, would rack up a bill of $1.2 billion–$870 million for the construction of a new terminal, $36 million to upgrade the existing terminal and $300 million to complete land acquisition.
The contract was awarded to China Railway Construction (Caribbean) Company Limited.
The following year Opposition MP Dr Roodal Moonilal questioned Rowley on whether Warner was part of the construction of the airport, accusing Warner of being Rowley’s friend.
In response, Rowley said, “Madam Speaker, every citizen of Trinidad and Tobago is my friend, including Allan Warner. But I am not aware that Allan Warner is involved in this project at Crown Point.”
After a site visit last year, Rowley posted on his Facebook page that $200 million was allocated for the construction of the terminal and associated facilities in the 2023 fiscal year. An additional $31.7 million was given to the Airports Authority to continue upgrades in infrastructure and security works.
The project was expected to be completed in 2022 but was delayed when the pandemic shutdown construction.
The PM’s Tobago residence
In 2019, the Urban Development Corporation of Trinidad and Tobago (Udecott) said the cost to “demolish the termite-infested dilapidated structure and to construct a new official residence” was $17,998,114.48.
The contract was awarded to Parks International, while Rowley said Warner’s company only paved the driveway.
Last year Guardian Media reported that the construction of the residence had a budget of $22 million and that additional requirements, namely security measures, were identified and resulted in a variation of $8.1 million.
It said Udecott engaged an independent quantity surveyor to assess further works which were then valued at $8.6 million. As a result of the variance, the construction cost was revised to $37.1 million.
Contracts awarded to Warner Construction and Sanitation Limited
In June, Tobago House of Assembly (THA) Chief Secretary Farley Augustine claimed that there was a plot by the Central Government to pay Warner Construction and Sanitation Limited $60 million for works supposedly completed.
Warner’s son and spokesman for the company, Keon Warner confirmed to Guardian Media then that a verbal request was made for $60 million since the company was in a financial pickle and needed outstanding dues.
The younger Warner said then that the company received $32.2 million in payment from the THA and was still owed $47 million for projects delivered in 2021. He added in order to complete those projects his company had to secure loans which needed to be repaid. As a result of the non-payment, he needed to dismiss 300 workers and close his hardware.
Shirvan Estate Land Development
In October 2019, the THA began clearing lands at both Shirvan and Cove Developments to relocate residents relocated by the airport expansion. The THA said the land was made available at rates significantly lower than market value. The residential lots at Shirvan Development were sold at $30 per square foot, while commercial lands at COVE were sold at $50 per square foot.