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Attorney General Faris Al-Rawi has vowed to take legal action against attorney Nyree Alfonso for breach of fiduciary duty, stating that she used her knowledge and opportunity in the tendering process of the Super Fast Galicia for her own personal gains.
Al-Rawi made his position clear at a press conference at the Ministry of Works and Transport, Port of Spain, which was attended by Works and Transport Minister Rohan Sinanan and National Infrastructure Development Company chairman Herbert George.
The AG was responding to a press conference held on Sunday by Alfonso, UNC Senator Saddam Hosein, sacked Port Authority of T&T (PATT) acting general manager Charmaine Lewis and UNC activist Devant Maharaj who raised concerns about the safety of the Galleons Passage.
Insisting that the vessel is safe for passenger use, Al-Rawi brought the media up to speed with two course of legal actions which have been commenced.
While legal action has been taken against Intercontinental Shipping Services Ltd (ICSL) last year for breach of contract for the withdrawal of the Galicia on April 21, 2017, the AG said “action has been flagged and will be commenced against Nyree Dawn Alfonso (NDA) and company for alleged breach of fiduciary duty specifically to the procurement of the Galicia.”
As for Lewis, he said, she has questions to answer in relation to the request for the extension of the Galicia managed under her tenure.
“It is therefore imperative in the round that you consider the information which is being drip fed to you in a scandalous fashion by spokesperson for the UNC. Be careful of saboteurs. Because if you would go this far out of your way to deprecate a process that is transparent, then be careful about the potential of sabotage.”
Al-Rawi said those who have been ill-speaking the Galleons Passage “have had action flagged to be taken against them or who have been the subject of disciplinary action leading to dismissal from office.”
The AG said there was an exchange of pre- action protocol correspondence among the PATT, Ministry of Works and Transport, the AG’s office, attorney for ICSL and Nyree Alfonso, who is represented by attorney Ramesh Lawrence Maharaj who has since responded to the pre- action protocol.“In the course of passing correspondence between attorneys, Ms Alfonso was put upon notice of the Government’s stated intention to commence legal action against her specifically for breach of fiduciary duty.”
The breach focused specifically, Al-Rawi said on Alfonso “using her knowledge and opportunity of the tender process made known to her in her capacity as attorney-at-law for PATT for her own personal gain and that of her appointed agent ICSL.”
He said Alfonso was hired by PATT on or about December 30, 2013 seeking her advice with respect to the continued operation and termination of the MV Warrior Spirit.
Al-Rawi said Alfonso was also retained to locate a short term vessel for the Warrior Spirt and in the course of that retention she identified five vessels among them being the Galicia which Leon Grant identified as the preferred vessel.
Grant who was dismissed as T&T Inter-island Transport CEO, the AG said has been the subject of action by PATT in relation to his suppression of evidence concerning the Cabo Star.
He said nine people were invited to participate in the tender process. Of the nine only NDA was not involved in ship leasing business.
In evidence before a JSC, Al-Rawi said Alfonso claimed that she told PATT that she should not have been invited as a tenderer.
“However, she later admitted that she had responded to the invitation and in fact appointed an agent in the person of ICSL. The basis by which ICSL submitted its bid was on the express disclosure that it was acting as the agent for Ms Alfonso’s company,” Al-Rawi said.
The AG said Alfonso submitted an invoice of over $800,000 in expenditure. On March 6, 2014, he said PATT’s board considered the selective tenderers report and recommended the Galicia for six months of service.
“That contract morphed into a 12 month contract and then that contract continued from time-to-time resulting in payments of close to $150 million in expenditure for the Galicia.”
In summary, Al-Rawi said there was a square breach of fiduciary on Alfonso’s part.
“It is the view of attorneys for several entities for the Government that you cannot sit as a beneficiary for a tender via your agent whilst providing advice to the PATT on the very issue. These are very serious issues.”