Trinidad and Tobago Awarded More Than 100 Million Dollars in Civil Lawsuit

MIAMI, Florida – A Miami court has awarded the Trinidad and Tobago government US$132 million two weeks after a jury here found Trinidadian businessman Steve Ferguson and a former government minister liable for multiple claims arising from the redevelopment of the Piarco International Airport in the oil-rich twin island Republic dating back to more than 20 years ago.

Judge Reemberto Diaz, presiding in the Miami-Dade circuit court, made the award in the civil asset forfeiture case against Ferguson, former finance minister Brian Kuei Tung and US businessman Raul Gutierrez Jr, the former principal of Calmaquip Engineering Corporation, which provided specialized equipment at the airport.

They have already indicated a desire to appeal the ruling of the case handed down in March which former attorney general, Faris Al Rawi, described as a “victory for the people of Trinidad and Tobago”.

Al-Rawi, who was the corporate representative for the Trinidad and Tobago government in its civil lawsuit, said that “the jury found by clear and convincing evidence that Ferguson had violated Florida’s Racketeering and Influence Corruption Organisation Act (RICO) statutes, and was also liable for fraud and conspiracy to commit fraud.

The State had alleged that the three had conspired with others to corrupt the bidding process on two construction packages, as well as the maintenance contract for the Piarco International Airport.

The court had already found that Kuei Tung and Gutierrez were liable. In the outcome on March 29, a Florida jury found “clear and convincing evidence” that Ferguson had violated Florida’s racketeering statutes, and was also liable for fraud and conspiracy to commit fraud. The jury found Ferguson liable for multiple claims arising from fraud perpetrated in connection with the redevelopment of the Piarco Airport in the late 1990s and early 2000s.

The jury concluded that all three were liable for US$32,385,988 in damages suffered by Trinidad and Tobago and granted the racketeering claims made by Trinidad and Tobago.

Ferguson has said he intends to appeal the decision, claiming several elements of the case were “prejudicial”. He accused Government’s representative Faris Al-Rawi of entering false statements during the trial.

In the final judgment issued by the court on Tuesday, US$97.1million constituted the trebled damages figure regarding the jury’s verdict of the US $32.3 million in damages for which the three defendants were liable.

Justice Diaz also added pre-judgment interest of US$38.9 million minus US$3.5 million which constitutes a set-off from paid settlements and restitution to the State. The final total judgment was US$132.4 million.

The judge said the final court judgment amount will continue to bear interest at the legal rate of interest beginning on the day following the final judgment  “through and including the date on which,” the three defendants satisfy the final judgment amount.

He instructed that the three should each complete–under oath–a Florida Civil procedure form and serve this on the state’s judgment creditors within 45 days from the final judgment’s date.

The court is also entitled to enter further order of judgment on awarding attorney’s fees and costs as the State may be entitled to, according to any motion the Government may file.

Last month, the Director of Public Prosecutions (DPP), in Trinidad and Tobago, Senior Counsel, Roger Gaspard, withdrew the 17-year-old corruption case against former prime minister Basdeo Panday and several other people, including his wife, Oma, saying the prosecution would be unable to secure a conviction

Apart from the Pandays, the others before the court were former minister Carlos John and businessman Ishwar Galbaransingh.

Gaspard said that the reasons behind discontinuing the decades-old Piarco inquiry was because he was not convinced of securing a conviction.

The Pandays were charged with corruptly receiving money. John and Galbaransingh were charged with corruptly giving £25,000 (One British pound =US$1.20 cents) to the couple.

John and Galbaransingh were accused of giving Panday the money as an inducement or reward in relation to the Piarco airport expansion project.

The Pandays and the others were charged in 2005.

The charges against the former prime minister were linked to wider charges against several businessmen and businesses. In all, there are four related inquiries, none of which has gone to trial.