Joshua Seemungal
Close to one billion dollars has been paid out by the People’s National Movement (PNM) Government for legal services and fees in the last seven years.
According to documents obtained by the Sunday Guardian, UNC activist Ravi Balgobin Maharaj and his legal team, led by former attorney general Anand Ramlogan, SC, spent six months working on a Freedom of Information Act request which stated that the PNM paid out $799.8 million between September 2015 to January 25, 2022. However, that figure does not include legal fees paid by all government ministries and state enterprises during that time frame.
The legal fees figures are still outstanding for the ministries of Energy; Finance; Sport; the Trinidad and Tobago Police Service; Trinidad and Tobago Defence Force; Office of Disaster Preparedness and Management; Housing and Development with the Land Settlement Agency and the Housing Development Corporation. If these fees are made available and added, the total amount spent on legal briefs by the Government since September 2015 is near to or likely to exceed the billion-dollar mark.
The documents showed that 91 attorneys and legal firms received $1 million or more–with some collecting between $2 million to $22 million–during this period from SWMCOL and the ministries of Rural Development and Local Government; Public Utilities; Planning and Development; Trade and Industry; Tourism, Culture and the Arts; Agriculture, Land and Fisheries; Health; Labour; Foreign and Caricom Affairs; Attorney General and Legal Affairs; Public Administration; Youth Development and National Service, National Security; and Works and Transport.
Fyard Hosein
Local attorneys get $174.5 million
Since September 2015, 51 local attorneys have received payments worth $1 million or more from the State.
A handful of well-known attorneys received over $15 million each.
Russell Martineau, SC
*The highest-earning attorney during that period was former PNM attorney general Russell Martineau, SC, who was paid $21.845 million. Martineau became a senior counsel in 1993. He’s also served as President of the Law Association.
Claude Denbow, SC
*The second-highest earning attorney was Claude Denbow, SC, who earned $17.526 million. Denbow was appointed a senior counsel in 1998.
*Fayard Hosein, SC, who represented the Office of the Attorney General in several high-profile matters, earned $17.404 million.
*Current Attorney General Reginald Armour, SC, was paid $13.027 million before taking up office. The former president of the Law Association–who specialises in labour relations, constitutional and public law and fraud–was appointed as a senior counsel in 2003.
*Deborah Peake, SC, was paid $10.655 million.
*Gilbert Peterson, SC, the chairman of the Telecommunications Authority of Trinidad and Tobago, received $10.641 million.
*Jason Mootoo–$9.986 million.
*Seenath Jairam, SC,–$9.252 million.
*Netram Kowlessar, head of the Central Authority Unit in the AG’s office under the PP government–$9.075 million.
*Former Police Service Commission member Roger Kawalsingh was paid $7.43 million. Kawalsingh made headlines in 2021 when it was revealed that he had copied Gary Griffith on sensitive emails regarding an investigation into Griffith's conduct. He resigned from the PSC following the selection process saga. Earlier this year, police investigated former attorney general Faris Al-Rawi for allegedly failing to transfer the motor vehicle registration of a car sold to Kawalsingh in 2016. Al-Rawi denied the accusations.
Kawalsingh is also the attorney for Vincent Nelson, QC, who is the main witness in the corruption case against former AG Ramlogan and attorney Gerald Ramdeen.
*Kerwyn Garcia was paid $6.83 million. Garcia, a former board member of TSTT and Petrotrin, is the husband of Senate President Christine Kangaloo.
*Former president of the Law Association and former chairman of the Securities and Exchange Commission Douglas Mendes, SC, earned $6.278 million.
*The Chairman of Trinidad Petroleum Holdings Limited Michael Quamina was paid $5.6 million by the state for legal services.
*The Chairman of WASA Ravi Nanga received $5.3 million.
*Other well-known attorneys earning more than $1 million included Ian Benjamin–$4.32 million; Elton Prescott SC–$4.3 million; Israel Khan SC–$4.2 million; UNC member Kelvin Ramkissoon–$2.562 million; T&TEC board member Raphael Ajodhia–$2.187 million; Director of Legal Services at Ministry of Foreign and CARICOM Affairs Sunita Harrikissoon–$2.038 million; PNM’s MP for Port-of-Spain South Keith Scotland–$1.8 million; Angostura Chairman Terrence Bharath–$1.691 million; Former justice minister Christlyn Moore–$1.297 million; Theresa Hadad–$1.112 million.
Attorney Anand Ramlogan.
Foreign attorneys paid $63.345 million
Ten foreign attorneys, who earned more than $ 1 million each, received approximately $63.36 million in total.
*Jamaican-born, British Queen’s Counsel Vincent Nelson, QC, was paid $10.999 million in outstanding fees from his work for the People’s Partnership between 2017 and 2019 by the State. Nelson had sued the State to recover this sum but subsequently withdrew after AG Al-Rawi agreed to pay him. In 2020, Nelson was fined $2.25 million after pleading guilty to two corruption-related charges. As part of the plea deal, he agreed to become a state witness in a legal fees kickback case against former Attorney General Anand Ramlogan and former UNC senator Gerald Ramdeen.
*Queen’s Counsel Jonathon Davis was paid $10.120 million. The British barrister represented state company Estate Management and Business Development Company Limited in a $1.3 billion lawsuit filed by the local construction company, NAMALCO Construction Services Ltd. EMBD was later ordered to pay $427 million.
*Among other payments were to Queen’s Counsel Anneliese Day who was paid $9.37 million; Edwin Jenkins, QC–$7.316 million; Hugh Saunders, QC–$6.983 million; George Hayman, QC–$6.768 million; Stephanie Barwise, QC–$4.481 million; James Lewis, QC–$1.697 million; and Simon Maskrey, QC–$1.641 million.
Millions more were also paid to foreign and local firms.
Before entering and since entering office, members of the Government made numerous claims that the PP government allegedly spent significant sums of money on legal briefs.
At a press conference in July 2021, Al-Rawi claimed that the Office of the Attorney General and Legal Affairs under the PP administration–which governed between 2010 and 2015–spent approximately $636.2 million in legal fees.
In October 2015, Al-Rawi estimated that $1 billion was paid to attorneys by ministries and state enterprises during the People’s Partnership stint in office.
"The figure–with 47 state enterprises yet to report, 18 ministries yet to report–is $892,607,271. Let me put it closer, if you add the $10 million error, you are at $900 million in legal fees spent over five years." former Attorney General Al-Rawi told the lower house.
He claimed that 11 unnamed lawyers earned $245.2 million between them. Al-Rawi was critical of the PP administration for spending such large sums on legal fees and promised to be more economical by using in-house lawyers from the Solicitor General's department.
During a 2016 budget debate, the then AG said going forward, senior counsels would only be hired where required and promised that all expenses would be reviewed.
Ravi Balgobin Maharaj
Foreign firms paid $67.7 million
According to the documents obtained by Balgobin-Maharaj, of the legal firms receiving more than $1 million, one was a United States-based firm and five were United Kingdom-based firms.
The six foreign firms received approximately $67.7 million.
Interestingly, according to the documents, the most expensive legal payment made to a foreign organization was not to a firm but to a company.
According to the document, the payment was to Irish company Vertical Aviation LLC in a 2019 lawsuit settlement of $37.125 million.
The company initially sought approximately US$13 million in compensation from the government concerning an alleged breach of contract for the ending of a helicopter lease signed under the People’s Partnership government in 2014.
According to former National Security minister, and current Energy and Energy Industries Minister, Stuart Young, the PP government leased the helicopter for five years at US$120,000 a month in 2015, in addition to insurance and maintenance costs of more than US$500,000.
However, Young said that the helicopter never arrived in Trinidad, as it lacked the necessary certifications.
The Government pulled out of the contract but was sued by Vertical Aviation for breach of contract.
Opposition leader Kamla Persad-Bissessar denied any wrongdoing by the PP government, casting blame on the PNM Government instead.
The other foreign firms that received more than $1 million, according to the document, were Charles, Russell, and Speechlys–$27.891 million; Freshfield, Bruckhaus and Deringer–$10.484 million; Cooley Uk–$8.032 million; Andreas Silchers-Haynes and Boone–$3.836 million; and Ethica Consultants– $3.35 million.
The third highest legal payment to a foreign organisation is also of particular interest.
Sequor Law PA was paid $13.581 million.
Subject to the outcome of an appeal, Sequor Law was disqualified, along with Attorney General Reginald Armour, by a Miami court for alleged conflict of interest.
Sequor Law was retained by the Government to oversee civil proceedings related to alleged fraud and corruption involved in the Piarco Airport Project.
Sequor Law allegedly consulted with AG Armour on the case. However, Armour once represented former finance minister Brian Kuei Tung in a criminal case concerning the same Piarco Airport Project.
Armour swore in an affidavit to the court that he functioned as a junior attorney in the Kuei Tung defence case.
He later said that he could not correct his affidavit because the judge made the order before he could do so.
The Miami court’s ruling meant that, barring a successful appeal, the state must replace Sequor Law and find new counsel, meaning the money paid to Sequor may have been for nought.
Local firms get $233.34 million
Twenty-three local firms each earned more than $1 million, receiving approximately $233.34 million in total. Deloitte and Touche–Trinidad received the most in legal fees from the state, approximately $134.295 million. Their bill alone accounted for approximately 17% of all the reported legal fees spent by the government since 2015.
Deloitte and Touche–Trinidad, one of the largest firms in the country, is a subsidiary of the international legal firm Deloitte and Touche LLP. The firm offers consulting services, audits, financial advisory, tax services and risk management.
Among the other well-known firms receiving more than $1 million, according to the document, were Fitzwilliam, Stone, Furness-Smith, Morgan–$21.2 million; Pollonais, Blanc De La Bastide and Jacelon–$10.3 million; Charles Law–$8.82 million; MG Daly and Partners–$7.8 million; Mair and Company–$6.617 million; Hove and Associates–$6.378 million; JD Sellier and Company–$6.211 million; Pricewaterhouse Cooper Advisory Services–$3.576 million; Lex Caribbean–$3.023 million; Devesh Maharaj and Associates–$2.786 million; Harrikissoon and Company–$1.798 million.
Hinds and Company, a firm in which Margaret Hinds–the wife of Fitzgerald Hinds–is a senior partner, received $1.585 million.
Alexander, Jeremie and Company–a firm in which the former attorney general under Prime Minister Patrick Manning, John Jeremie, SC, is a senior partner–received $3.3 million.
BOX
Guide on assessment of costs by CJ Ivor Archie
According to the October 2015 judicial document compiled by Chief Justice Ivor Archie entitled “Second Practice Guide to the Assessment of Costs”, when considering what fee should be allowed for work done by instructing or advocate attorneys the court should calculate such fees based on an hourly rate in accordance with guideline figures.
According to guideline figures he provided, instructing attorneys with five years of experience or less should charge an average rate of $750 an hour, while an advocate should charge an average rate of $900 an hour; an instructing attorney with more than five but less than ten years experience should charge an average rate of $1,200 an hour, while an advocate should charge an average rate of $1,400 per hour; an instructing attorney with more than ten but less than 20 years experience should charge around $1,950 per hour, while an advocate attorney should charge around $2,300 per hour; an instructing attorney with more than 20 years experience should charge around $2,600 per hour, while an advocate attorney should charge approximately $2,850 per hour; a senior counsel or queen’s counsel should charge approximately $4,000 per hour.
In 2017, it was estimated in the Judiciary’s 2017-2018 report that of 709 cases in the court backlog inventory, 352 cases were pending for 15 or more years, 88 cases were pending between ten and 15 years, while 269 were pending between five to ten years.
According to the Judiciary’s 2020-2021 report, there were 5,992 pending active matters before the civil high court as of July 31, 2021.
31 per cent were commercial, 27 per cent were personal action matters and 24 per cent were land matters.
Attorney General Reginald Armour
SHIRLEY BAHADUR
AG promises to review, respond after reviewing AGLA policy of his predecessor
Over the last two weeks, the Sunday Guardian attempted to get a response from the Office of the Attorney General to offer, as best possible, balance to the story.
Attempts to contact the office’s communications department via phone or email were not successful.
Emails and calls went unanswered.
On August 29, Sunday Guardian messaged Attorney General Reginald Armour, saying that we’ve been provided with a listing of attorneys who received more than $1 million from the Government for briefs from the period September 2015 to June 2021.
Sunday Guardian provided the documents containing the lists of payments and asked the following questions:
Firstly, I would like confirmation of whether the figures listed in the documents are accurate
Secondly, I would like a statement/comment on whether the figures listed are reasonable, in terms of value for money.
Thirdly, I would like a comparison, as best possible, with the figures paid for state briefs during the People’s Partnership’s stint in office from 2010-2015.
Fourthly, did the Government take steps to minimise, as best possible, the cost of legal briefs to the state?
How much of a factor, in the costs incurred, were legal challenges brought about by the opposition and opposition-affiliated lawyers? Are there statistics for the number of cases the Opposition brought about and the costs to the state?
Is there any mechanism in place to ensure that there’s no favouritism in the selection of lawyers or firms? Are there processes in place to ensure that this isn’t possible?
Is it permissible for relatives of cabinet members to receive ministerial legal briefs? And if so, what are the rules/limitations of such arrangements, if any?
The AG replied saying, “Mr Seemungal, I will attempt to revert once a) review the materials and b) review the AGLA policy of my predecessor on the subject, in the event that I decide to adhere or not, as the case may be.”
