AUDIO: “Forward Thinkers” on More 104.7FM – 24 October 2013

Radio More FM 104.7 Afra Raymond chats on the show ’Forward Thinkers‘ with David Walker on 104.7FM, dealing with the CL Financial bailout and my lawsuit against the Minister of Finance to get at the detailed information as to how the $24B in Public Money was spent. 24 October 2013. Audio courtesy More 104.7 FM

  • Programme Date: Thursday 24th October 2013
  • Programme Length: 0:45:41

CL Financial bailout – Lawsuit against Minister of Finance

This is my reply to the Ministry’s affidavit of 12 July which seemed to rely on the fact that CL Financial is a private company to refuse publication of the requested information.

Of course that line of reasoning is yet another emerging threat to our country’s Integrity Framework, so our reply challenges the validity of this assertion.

At our hearing on 1 October, Justice Boodoosingh ordered me to formally notify CL Financial and we have done that, so at our hearing earlier today, CL Financial were represented by a team led by Stephen Singh and various dates were set, with our next hearing on 27 February 2014.  Of course that is the very Carnival week, so stay tuned. I expect there will be significant other developments well before that.

AUDIO: Heritage Radio Interview: Treasury Scandal – 27 August 2013

Afra Raymond chats with Joseph Berment-McDowall on Heritage Radio 101.7 FM about the Treasury Scandal article. 27 August 2013. Audio courtesy Heritage Radio 101.7 FM

  • Programme Date: Tuesday, 27 August 2013
  • Programme Length: 1:21:45

The Treasury Scandal

I wonder if is Bobol?
What dey doing with Taxpayer’s Money at all!?
I wonder if is Bobol?
What dey doing with Taxpayer’s Money at all!?
—Opening stanza of ‘The Treasury Scandal’ by Atilla the Hun (1937)

I took this title from the late 1930’s kaiso by the great Atilla the Hun (Raymond Quevado) on the scandal of some $200,000 missing from T&T’s Treasury.  His outrage was rooted in the fact that the story came-out in bits and pieces and of course, none of the ‘Big-Boys’ was ever jailed, or even charged for that theft.  That was a massive amount of money in the 1930s – at that time a good Woodbrook house cost about $6,000 – so that could give you an idea. Atilla was lamenting the lack of accountability and transparency in how Public Money was being managed.  The ‘Treasury Scandal’ was a true episode from the bad-old-colonial-days of the 1930s, but of course we have progressed a great deal since then, having achieved Independence, Republican status and universal education.

dookeran-portrait
Winston Dookeran, MP

The problem is that despite the obvious movement forward, we are witness to yet another ‘Treasury Scandal’. I am referring to the CL Financial bailout, announced in January 2009 and still ongoing at an anticipated cost of $24Bn – according to paras 21 and 22 of the 3 April 2012 affidavit of then Finance Minister, Winston Dookeran.

It is vital to look back before we go forward.  In 2008 and 2009, the Indo-Trinbago Equality Council (ITEC) campaigned strongly on the issue of the Secret Scholarship Scandal’. The suspicion was that there was a secret scholarship fund operated by the State without any transparency and ITEC used its Parliamentary representatives and the Freedom of Information Act to force the Patrick Manning-led PNM administration to publish the details they had been trying to conceal.

The published details included the names of those who benefited from the funds as well as the amounts, dates of payments and details of the courses of study to be pursued.  Some of the more controversial issues to emerge from the publication of those scholarship details were –
devant-anand

  • From the names given, it seemed that less than 10% of the recipients were citizens of East Indian descent;
  • The PNM administration was never able to demonstrate how those scholarships had been advertised, or for that matter, any objective process used to choose from the applicants;
  • Unlike other Scholarship arrangements, there was no requirement for these scholarship winners to do any kind of national service;
  • A number of people who were reported to have received money, went public to say they had never even applied for, far less received, scholarships. The question arising was ‘Where did that money really go?’;

A total of $46M of Public Money was paid during the 5 year period under examination.  The President of ITEC at that time was Devant Maharaj and its leading attorney was Anand Ramlogan, both of whom now serve in the Cabinet.

I fully supported ITEC in that use of the Freedom of Information Act to force publication of important information on the use of Public Money, which is the property of every citizen.

In my view the failure and or refusal to account for the colossal and unprecedented expense of the CL Financial bailout is indicative of a ‘Quiet Coup‘ against our Republic.  I am deliberately borrowing Simon Johnson’s potent phrase, used to describe the coup of Financial Capital against the USA published in a fascinating and essential article from The Atlantic.  The fact that two successive administrations have remained bound to these arrangements and the low priority given to transparency and accountability in this matter all speak to the potency of the plotters.

“Emerging-market governments and their private-sector allies commonly form a tight-knit—and, most of the time, genteel—oligarchy, running the country rather like a profit-seeking company in which they are the controlling shareholders… As masters of their mini-universe, these people make some investments that clearly benefit the broader economy, but they also start making bigger and riskier bets. They reckon—correctly, in most cases—that their political connections will allow them to push onto the government any substantial problems that arise.”
—Simon Johnson. “The Quiet Coup” in The Atlantic. 2009.

The CL Financial group was able to use its considerable political clout and financial footprint to achieve a binding agreement that our Treasury would be used to pay its debts.  Absolutely unprecedented and all negotiated in less than three weeks, we are told.  That is the official version of this astonishing story.

Given the likely existence of a ‘Code of Silence’ in this tangled affair, I have been making use of the Freedom of Information Act in my campaign for transparency and accountability in the CL Financial bailout.

If we are ever to start to untangle this web of deceit and betrayal, we must get details of who got their money out, how much, on what terms and when.  On 8 May 2012, I applied to the Ministry of Finance via the FoIA – from which the Central Bank is exempt – to request this information –

SIDEBAR: “Cabinet approves Clico plan” courtesy Newsday

newsday-clip

Read the Newsday’s laconic report on this matter here.

  • Accounts – The audited accounts for the CLF group or whatever figures the Minister is relying on;
  • The briefing given to the Independent Senators in September 2011 before debate of the two supplementary bailout Bills;
  • Details of the creditors, especially EFPA holders, to see who got what money;
  • Whether the Minister required CLF’s Directors to comply with the Integrity in Public Life Act.

The Ministry replied on 14 August to say that the information requested is likely to be exempt and I am now challenging them in Court.

If it is right and proper to use the FoIA to force publication of the details of a Secret Scholarship Scheme of some $46M over 5 years, why is it acceptable to conceal the details of some $24Bn in Public Money? That is over 521 times more Public Money being spent in secret…yes, $24Bn is over 521 times more money than $46M.

For all we know, some of the people on the Ministry’s list of persons who have been paid could be the same ones protesting via the various Policyholders’ Groups.

To quote Cabinet Minister Devant Maharaj in October 2011, as part of the ongoing campaign on the Secret Scholarship Scandal:

Maharaj said yesterday that he rejected Williams’ claim thatthen prime minister Patrick Manning’s handwritten note on one of the applications for the matter to be handled quietly was ministry protocol, as was claimed by Yuille-Williams. “It seems as if this was the overriding motto for the disbursement of these funds,” Maharaj added. “This was a blatant attempt to hide the facts from the glare of public scrutiny.”

Russell Martineau, SC
Russell Martineau, SC

At this time the Ministry of Finance is publicising the end of the CL Financial bailout so that all the Public Money spent on this can be repaid and there are various official reports of how this is to be achieved.  At the very same moment, the said Finance Ministry has engaged a high-powered and expensive legal team, headed by Russell Martineau SC, to oppose my attempts to have the basic information published.

That is today’s Treasury Scandal.

Ministry of Finance Dance

minFaffidavitThis is the 12th July affidavit filed by the Ministry of Finance in reply to my claim under the Freedom of Information Act (FoIA) filed against them in this matter.

This is a most interesting document for several reasons –

  • Attorneys – The legal team is led by Russell Martineau SC, former AG and former President of the Law Association. Martineau was lead attorney for CL Financial’s auditors, PricewaterhouseCoopers, during the recently-concluded Colman Commission and he strongly opposed my submissions as you can see in this revealing clip. His Junior in this case is Gerald Ramdeen, who was Junior Counsel to the said Colman Commission.
  • My recent supplemental application – On 18th March, I made a further application under the FoIA for the details of the creditors of CL Financial, particularly the EFPA holders, in relation to the amounts repaid and claimed. It is interesting that the Ministry of Finance chose to treat with this in their affidavit.
  • The objection – Despite several readings of this 5-page affidavit, I am not clearly able to see just what is the Ministry’s real reason for objecting to the release of the requested info.
  • State-controlled Enterprises – The recent Appeal Court ruling in #30 of 2008 on the meaning of State-controlled Enterprises is a real threat to the public interest in relation to the governance arrangements in situations like this. The final sentence of para #14 is “In any event, CL Financial Ltd. is a private company and is not a public authority under the provisions of the Freedom of Information Act.” Well I tell you.
  • The fundamental position – At the Court hearing on 23rd May, the lead attorney for Finance, Russell Martineau SC, was emphatic in stating to Justice Ronnie Boodoosingh that there was no intention of compromising or considering the release of even some of the requested information. It is going to be a fight for every item of information.
  • Public Secret – We are now being told that the bailout process for CL Financial is nearing its end with a procedure having been agreed for the recovery of the Public Money which has been spent. Serious and justified concerns are being voiced at this time since there is no way to be sure how much money has been spent or the terms of the final settlement. I will be writing more on this shortly. We are being told that the agreed terms of the settlement are solid in protecting the public interest, yet this very Ministry, Finance, is using a highly-paid legal team to oppose the publication of fundamental information.

The burning question remains…

What is the big secret?

VIDEO: Time to Face the Facts about Caribbean Corruption – 26 May 2013

This is the interview on Caribbean Corruption for ‘Time to Face the Facts‘ which was broadcast out of Barbados-based Caribbean Media Corporation on Sunday 26th May 2013.

The audience was regional via cable and global via their Facebook page. The interviewer is Jerry George and the format was a live call-in. Video courtesy Jerry George

Part 1:


Part 2:

Part 3:

‘Time to Face the Facts’

Afra Raymond is on ‘Time to Face the Facts‘ to discuss Corruption with host Jerry George…

Time to Face the Facts Show

This is a live telecast on Sunday 26th May 2013 – today being the 50th anniversary of the establishment of Africa Liberation Day, for those of us who still remember…- from 7pm to 9pm on Cable TV as CaribVision or streaming on the internet via their FaceBook page –https://www.facebook.com/timetofacethefactsshow?fref=ts

Please spread the word and be sure to tune-in…

Silence is the Enemy of Progress!

Best Wishes

 

Afra

Application for judicial review in Afra Raymond vs Ministry of Finance and the Economy

appl-tiltThis is my filing for the Judicial Review of the continuing refusal of the Ministry of Finance to reply to my Freedom of Information request of 11 May 2012 along with my sworn affidavit.

The case is a critical challenge to the detrimental notion that $24Bn of Public Money can be spent without Accountability or Transparency.  That notion does violence to any healthy conception of the Public Interest, so I expect this contest to be a sharp one.

“Power concedes nothing without a demand…”

Frederick Douglass…Freedom Fighter and esteemed ancestor…

“Sunlight is the best disinfectant!”

Former US Supreme Court Justice Louis Brandeis…