This is my interview with Rennie Bishop on 107.7 FM on Sunday 16 July 2017 to discuss the Eden Gardens debacle now come to light and continuing CL Financial bailout. Part 1 and Part 2. Video courtesy TTRN -Trinidad and Tobago Radio Network Limited.
The CL Financial bailout fiasco is headed towards an epic legal mangle as Lawrence Duprey and his cohort aim to regain control of the Caribbean’s largest-ever commercial/financial group. In swift response, the Minister of Finance is making legal moves to put CLF into liquidation.
At the root of this dispute is the actual sum of Public Money spent on this immense bailout and when, or if ever, it is to be repaid. I have been involved in extended litigation to get the details of the bailout from the Ministry of Finance and the High Court ruled in my favour in July 2015, with that result now being contested in the Appeal Court.
This is my 17 July 2017 ‘Morning Brew’ interview with CNC3’s Hema Ramkissoon on the continuing drama that is the CL Financial bailout. The “chess game” for control is active at this moment, but the propriety of a wholesale return of the group to those chiefs who brought the company to its knees in the first place is still to be debated. Video courtesy of CNC3 Television.
Programme Date: 17 July 2017 Programme Length: 00:26:14
This is an interview on Hard Talk with Tony Rackhal-Fraser to discuss the CL Financial bailout with myself and Peter Permell of the Clico Policyholders Group. Audio courtesy Power 102.1 FM.
Programme Date: 12 July 2017 Programme Length: 00:58:34
This is an interview on the Power Breakfast Show on Power 102.1 FM with Rhoda Bharath and Wendell Stephens to discuss Eden Gardens Complex Fraud. Audio courtesy Power 102.1 FM.
Programme Date: 10 July 2017 Programme Length: 00:43:10
In today’s world of ‘Alternative Facts’ we have to be alert to the special dangers posed by ‘False Equivalence’. False Equivalence arises when two arguments are presented as being of equal relevance, but in fact one is solidly fact-based and the other is mere speculation or invention. Those dangers are especially present in matters of public importance, as recent events have shown.
Michael Coppin is on Dr Rowley’s left, the smiling, tieless chap in the blue jacket. Photo courtesy Lime.tt
I do not think that any law or rule was broken by Mr. Coppin representing Mr. Duprey in that Court case, but my feeling about that situation is one of deep unease. It seems to me that there is a likely conflict between Mr. Coppin’s sworn duties to represent the public interest as one of our Parliamentarians and his equally serious duty to wholeheartedly represent Duprey in that litigation, given the serious negotiations between the government and Duprey.
Of course we do not pay our Parliamentarians to attend to their public duties on a full-time basis, so they are allowed to continue with their professional lives. That potential for conflict and the real needs of proper governance by our Parliamentarians speaks to the strong case for full-time terms of engagement to be agreed so that no other employment is allowed. This proposal was raised by Dr. Rowley during the 2015 election campaign and it should be pursued in my view.
That opening stanza is my tweet of a witty friend’s remark at Ferdie Ferreira’s booklaunch and 85th Birthday celebrations on Wednesday 14 June 2017. It was not surprising to see Lawrence Duprey and Carlos John sitting together at that event. We may be seeing Duprey more and more, the way this fiasco is unfolding. There were some media reports that John was suing Duprey for some money owed, but the case now appears to have been resolved by agreement. I took little note of that case, except for one aspect, explained in the sidebar.
By now, we know that Duprey intends to regain control of the CL Financial empire which was bailed-out by the State after its failure in January 2009. There have been reports about Duprey’s legal demands that the State remove its Directors from the CL Financial board, with the State having asked for more time to respond. That contest for control of CLF is not the topic of this article, I am concerned here with the apparent failure and/or refusal of the Central Bank to apply its fit and proper regulations to the CL Financial chiefs.
Two criticisms of my position on the fit and proper regulations are that:
nobody has been convicted of, or even charged with, any criminal act, and that
I am placing too much reliance on the words of various politicians.
I actually base the fit and proper case against Duprey and the other CLF chiefs in the CLF letter of 13 January 2009 to the then Minister of Finance, Karen Nunez-Tesheira. That letter, signed by Duprey as CLF’s Executive Chairman, admitted that the group had failed and requested ‘urgent liquidity support’ from the Central Bank, as ‘lender of last resort’. CLF owned and controlled three banks – Barbados National Bank, Clico Investment Bank and Republic Bank – yet was forced into in an illiquid situation. Just imagine that. Continue reading “CL Financial bailout – Fit and Proper action”→
TSTT’s share purchase agreement, announced on 2 May 2017, to buy Massy Communications Ltd has provoked a great deal of sceptical or negative public comment. I will not attempt a critique of that deal since it is well beyond my scope: in any case, the basic details have not been disclosed. We have been told that the price is $255M and that the deal is conditional upon the approval of the Telecommunications Authority of T&T (TATT).
The furore over this huge deal seems to be fueled by these three statements emerging from TSTT –
Transparency – TSTT cannot reveal the details of the deal to the Parliament’s Public Accounts Enterprises Committee (PAEC) since it is not obliged to follow either the Integrity in Public Life Act or the Freedom of Information Act. Further, TSTT is required, as a listed entity, to follow the provisions of the 2012 Securities Act in regard to the secrecy of pending transactions. What is more, TSTT and Massy Communications Ltd are both bound by a Non-Disclosure Agreement.
Accountability – The $255M purchase price is funded by $1.9Bn which TSTT raised from private lenders, so that money is presumed to be outside the definition of Public Money. One assumes, from the tone of those statements, that TSTT did not require a guarantee or letter of comfort from the State.
Good Governance – TSTT stated that the first time the Cabinet would have been aware of this transaction is via the press. This returns to the issue of just where is the lawful and proper boundary between the Cabinet and the various State Enterprises for which it is responsible. This again sparks the debate as to whether TSTT is really a State Enterprise.
Afra Raymond speaks to Ria Roopchandsingh on the ongoing CL Financial bailout debacle in light of the renewed threats by Lawrence Duprey to regain his company. Video courtesy CNMG.
Programme Date: 29 May 2017 Programme Length: 00:16:27
The Wilson-King Congruence. Graphic by NiCam Graphics.
Recent events have forced a further re-examination of the proposition that Lawrence Duprey and his chiefs could regain control of the CL Financial group. The Public Interest has been betrayed or badly delayed at every stage of this matter, which is the only reason we are forced to have this painful conversation.