Celebrity
-
YOU MISLED US ON HART: UDeCOTT goes after Neelanda for conspiracy
3rd of January, 2012
By Anna Ramdass anna.ramdass@trinidadexpress.com
The Urban Development Corporation of Trinidad and Tobago (UDeCOTT) has initiated legal proceedings against former UDeCOTT chief operations officer Neelanda Rampaul for allegedly conspiring with former executive chairman of the State enterprise, Calder Hart.
A pre-action protocol letter has been sent to Rampaul, alleging that she breached statutory and fiduciary duty to UDeCOTT and that she was also in breach of the Legal Profession Act and fraudulent concealment.
Attorney Chrystlyn Moore, acting on behalf of UDeCOTT, issued the legal letter to Rampaul, in which it is alleged that Rampaul purposefully tried to conceal Hart's family connection to Sunway Construction Caribbean Ltd—a company which was awarded the multi-million-dollar contract to construct the Legal Affairs Tower.
During the Prof John Uff commission of enquiry into UDeCOTT and the construction sector, it was found that Hart's personal fax number was the same as the number listed for Sunway. Rampaul, who was a key protagonist in the entire UDeCOTT enquiry, was called upon to give evidence.
The pre-action protocol letter contends that it was UDeCOTT's claim that in dealing with this issue, Rampaul acted in breach of the statutory and fiduciary duties.
"You advised the then executive chairman and by extension UDeCOTT to ensure that in the documents sent in to the commission that there was nothing coming to UDeCOTT from the telefax number under query. Implicit in this advice is that any documentation which contained the said telefax number should either be suppressed altogether or sanitised and/or tailored before disclosure to the commission," stated the letter.
"This could hardly be an honest and faithful discharge of your duty to the company and when discovered, had the potential to expose the company to further public odium and ridicule since it could well be construed as an admission that there were in existence documents on which the telefax number appeared, and accordingly afforded some proof that there was a relationship that was less than arms length between the then executive chairman and Sunway. An inference could well be drawn that the transactions from which Sunway benefitted were arranged incestuously in derogation of the principles of transparency and good corporate governance which UDeCOTT was required to observe," stated the letter.
The letter stated further that Rampaul acted outside her remit and deliberately sought to advise Sunway in fair detail (through Hart) "as to the manner in which it should answer a number of questions which were relevant to the issue raised by the commission, with a view to pre-empting any further probe by the commission in relation to the same".
Rampaul also held the position as UDeCOTT's legal officer from November 2003, and in January 2006 became chief legal officer. In July 2005, she became corporate secretary, and in January 2007 was elevated to chief operations officer.
The pre-action protocol letter claimed that in her capacity as UDeCOTT's legal adviser, Rampaul conspired with Hart, violating the mandatory provisions of the Legal Profession Act.
The letter accuses Rampaul of the following breaches:
1. Your advice to the then executive chairman encouraged and formed the basis of a conspiracy between you and the then executive chairman to knowingly mislead the Tribunal;
2. Your advice to the then executive chairman encouraged and formed the basis of a conspiracy between you and the then executive chairman to withhold facts in an attempt to establish the bona fides of the then executive chairman on the issue of his relationship with Sunway;
3. Your advice to the then executive chairman encouraged and formed the basis of a conspiracy between you and the then executive chairman to put forward evidence which you knew to be false;
4. Your purported advice to Sunway through Calder Hart as to the manner in which it should answer the questions posed by the commission was in patent and violent conflict with the duty owed to UDeCOTT.
Not only has action been taken against Rampaul for her alleged connection to Hart, but also for her failed duties with respect to the Brian Lara Cricket Academy (BLCA) and the Legal Affairs Tower project.
In relation to the BLCA, the letter stated that Rampaul failed, neglected and/or omitted to advise the board of directors that the supposed security being offered by the contractor Hafeez Karamath Ltd (HKL) to wit, its Desalcott shareholding, was illusory and of little value to UDeCOTT since these shares were already encumbered, having been pledged to secure HKL's indebtedness to certain financial institutions.
Rampaul is also accused of failing to advise the former UDeCOTT board that it would be in the best interest of the State enterprise to insist that HKL put in place a proper agreement with the chosen project manager, 3D/I International Inc, in order to afford some measure of protection to UDeCOTT in respect of the performance of the relevant contract.
"Your omission in this regard is all the more reckless and/or negligent since you would have been privy to the reputation of HKL with respect to the non-completion of contracts (from the records of UDeCOTT with respect to previous contracts and reports of the Evaluation Committee)," stated the letter.
With respect to the Legal Affairs Tower, Rampaul is accused of failing to advise and bring to the attention of the former board that certain procedures being adopted by Hart in the award of contracts and the tendering process were not in keeping with the principles of transparency and the principles of corporate governance which UDeCOTT was required to observe.
"By your acts and/or omissions you failed to act independently as you were required to do as an officer of the company, but rather acted in derogation of your duty to the company and either turned a blind eye or actively condoned, connived at or collaborated and/or conspired with the then executive chairman in his misdeeds and acts of misfeasance in relation to UDeCOTT," stated the letter.
Rampaul was given 21 days before action is taken and for her response as to whether she is willing to compensate UDeCOTT for her ill actions. Sources informed the Express that Rampaul had agreed to testify in the civil action lawsuit against Hart, but later reneged.
Last October, during a debate in the Parliament, Government Minister Dr Roodal Moonilal claimed Rampaul racked up a $3.2 million bill over an eight-month period at the Hyatt Regency hotel, "in cookies, sleepovers and lavish banquets".
Rampaul later issued a statement denying that she slept at the Hyatt and that expenses were not personal ones.
Back -
See All More in Category
Rihanna drops Chris
Jay-Z Launches D’usse Cognac In New York?
Ashton Kutcher racist?
Kanye and Kim dating?
Chris Brown selling dogs?
Welcome to theScorch.com
No comments have been added yet.