T&TEC threatens legal action against MP Keith Scotland over $2.39M debt case

The T&T Electricity Commission (T&TEC) in Trinidad and Tobago is threatening to sue Port-of-Spain South MP Keith Scotland, SC, and a member of his law chambers over the representation they provided in its bid to recover around $2.4 million in unpaid electricity charges from now-defunct ice cream manufacturer Flavorite Foods Limited

Senior Counsel Anand Ramlogan, represented by Freedom Law Chambers and Former Attorney General, T&TEC has issued a Pre-Action Protocol Letter on Thursday, June 24 to Scotland and Kydd-Hannibal, both of Virtus Chambers. 

The letter is signed by attorney Ganesh Saroop of Freedom Law Chambers. It notes that T&TEC will file suit for professional negligence, breach of contract, fraudulent misstatement and deceit. 

According to Saroop, this action relates to three identical lawsuits which were filed against Flavorite Foods over the outstanding debt of $2,392,220.11, but none made it to the judgement.

The letter was issued a little over a week following Prime Minister Kamla Persad-Bissessar’s concern over the duo’s professional conduct raised in the Parliament. 

Attorney Ganesh Saroop said that the commission is seeking damages for the value of the claim which was lost, the lost enforcement opportunity, wasted legal costs, investigative and remedial expenditure and any further consequential losses. Saroop also said that, "Having regard to the seriousness of the misrepresentations and negligence, and the level of the misconduct, it will also seek aggravated and exemplary damages." 

According to Attorney Senior Counsel Anand Ramlogan, the problem is not that three claims failed, but that T&TEC was repeatedly misleaded about the continuation of legal proceedings, when procedural steps were not being taken according to the court records. He said the Pre-Action Protocol process was commenced because the public deserves answers.

Saroop also revealed that the company was owned by Louis Andre Monteil, who formerly served as Treasurer of the People’s National Movement (PNM). "T&TEC was entitled to expect that no political loyalty, no personal relationship, and no conflict of interest or other extraneous consideration would be permitted to touch proceedings brought to recover public money," he added.

T&TEC gave Scotland and Kydd-Hannibal 28 days to provide a response as to whether they admit or deny liability and provide a clear explanation before a lawsuit is filed. 

The letter further warns that if a satisfactory response is not provided then, legal proceedings may be filed without further notice.

Scotland responded to the allegations outside Parliament last week and denied any wrongdoings as he challenged Persad-Bissessar to make those allegations outside of Parliament.