The previous articles, here and here, delved into the meaning of counterfactuals, those being baseless claims, hypotheses or beliefs. In those cases, I dismantled the dishonest discourse of some of our thought leaders, who should certainly know better. The prior examples were rooted in the sobering racist beliefs expressed by too many educated and responsible people, that is my view.
This week I continue my Season of Reflection by delving into the almost-forgotten Tobago Sandals MoU litigation which forced publication of that important document. This article will be dealing with the issues relating to the legal fees paid in that matter, so it does not repeat the points in the MoU or anything like that.
“…we are running a Country, not a Company…”
—Mia Mottley QC MP, Barbados PM – from her inaugural budget Wednesday, 20 March 2019
This title occurred to me due to the quiet backsliding of the main supporters of the Tobago Sandals project. This is the kind of situation where people thought they were operating safely in the dark, until someone suddenly opens the door and turns on the lights. The emergence of Sandals’ recent skirmishes have also reminded me of a shuffle.
—from Marlon James’ latest epic ‘Black Leopard, Red Wolf’
The previous article stated that over $5.0 Billion of Public Money was spent in the first 6 months of 2009 during the CL Financial bailout, under that MoU. Yes, that is the same type of document which we were so loudly being told is not binding and can be completely renegotiated, in relation to Tobago Sandals.
The publication of the Tobago Sandals MoU at the end of November 2018, forced by my litigation, set those misleaders to try diverting concerns by claiming it was all open for discussion. Of course it is possible to renegotiate any contract, or MoU for that matter, but that is trite and explains nothing. Probably intentionally so, really.
The limits of renegotiation are rooted in the bargaining strength of the parties. Which means that the party with stronger leverage can in fact call for renegotiation and likely obtain improved terms. The weaker party will almost inevitably agree to renegotiation, in the course of which serious concessions will be obtained by the stronger party.
The recent episodes of Sandals shutdown/withdrawals in both Antigua and Barbuda and the Turks and Caicos Islands are crucial in understanding this ‘Carefully Crafted Confusion’. In both those cases, Sandals spent the capital to build the resort, but yet were still able to shutdown to seek further concessions. In the Tobago case, Sandals was investing no capital. Even in what I am now calling the Lok Jack Gambit (which I will get to in the next part) no Sandals capital was at risk. The point being that if Sandals was intended to have no capital at risk in Tobago, T&T would have been in a far weaker negotiating position than any of the other Caribbean countries. That is the precipice we were facing, the deep peril which our misleaders are trying to normalise. Continue reading “Property Matters – Tobago Sandals MoU-MoU”→
This week I will examine the response to Sandals unexpected withdrawal on Tuesday 15th January 2019 from the proposed large-scale development at Buccoo/Golden Grove Estates in Tobago. I was very surprised by Sandals stated refusal to proceed with this Public Private Partnership (PPP) arrangement in which no private capital was to be invested. When the Press Conference was announced, I believed that the deal for the proposed Resorts was to be signed.
It was clear that the mood from the head table was a gloomy one. The blame for this aborted project was placed on the ‘badgering’ and ‘negative publicity’ from a minority of commentators and political operators.
On the evening of Tuesday, 15 January 2019, Political Editor at CCN TV6 Juhel Browne (Right) spoke with (L-R) CCN’s Head of the Multimedia Business Desk, Anthony Wilson, UNC Senator Saddam Hosein and Chartered Surveyor and Transparency Advocate Afra Raymond on the turn of events following the withdrawal by the Sandals Group from the deal with the T&T government to manage a Sandal/Beaches resort in Tobago.
Afra Raymond is interviewed by David Walker on 104.7 MORE FM on the debacle of the collapse of the projected Sandals managed luxury resort in Tobago. The MoU details and the actions of the State in its negotiations towards the MoU are discussed. Audio courtesy MORE 104.7 FM
Programme Date: Thursday 17th January 2019 Programme Length: 00:27:40
Afra Raymond was interviewed on The Morning Brew on CNC3 Television regarding the pull out of the Sandals Group from the proposed deal to manage a new Sandals and Beaches resort in Tobago. The publication of the details of the memorandum of understanding is questioned as a catalyst for the pull out decision. Video courtesy CNC3 Television
Programme Date: 16 January 2019 Programme Length: 00:12:58