Allan Warner’s firms lose quarry appeal

Senior Reporter

derek.achong@guardian.co.tt

A group of businesses owned by Tobago business magnate Allan Warner has been handed a second defeat in their bid for an injunction over the release of heavy equipment and a property that was seized by the police as part of an ongoing investigation into their mining operation.

Delivering an oral decision after hearing extensive submissions during a hearing at the Hall of Justice in Port-of-Spain yesterday morning, Appellate judges Mark Mohammed and Peter Rajkumar rejected an appeal brought by five of Warner’s companies, his son Aluko, and a group of employees and business associates against the Attorney General’s Office and the Office of the Director of Public Prosecutions (DPP).

In the appeal, lawyers for the companies and individuals led by Farai Hove Masaisai claimed that High Court Judge Frank Seepersad got it wrong when he refused the injunction in early September.

The appeal panel strongly disagreed. “He (Justice Seepersad) has not been shown to be plainly wrong,” Justice Rajkumar said.

Justice Rajkumar ruled that his colleague correctly found that the companies and individuals had an arguable case to take to trial and that they could be eventually compensated if they were eventually successful. He also agreed that the injunction would not prevent further reputational damage as claimed by the companies and individuals.

Stating that they had already taken legal action for defamation against a newspaper which reported on the probe, Justice Rajkumar said, “Reputational damage cannot be undone.”

He added, “It has not been demonstrated how even with the injunction, how this harm would have been prevented.”

Justice Rajkumar also noted that the parties could not claim that their constitutional right to the enjoyment of their property was infringed as the police did not block access to their property while at the quarry to preserve evidence. He also pointed out that the police vacated the location two days after the injunction was refused.

“The situation with the real property no longer exists,” he said.

Lastly, Justice Rajkumar rejected claims that Justice Seepersad could be perceived to be biased based on a sermon he delivered to a church congregation almost a year before he considered the injunction.

Noting that the sermon focused on gender equality and encouraged listeners to speak up against wrongdoing, Justice Rajkumar said, “There was nothing read out to the court that demonstrates unconscious bias about “smart men.”

As part of their decision, the appeal panel ordered the companies and individuals to pay the legal costs incurred by the AG and DPP’s offices in defending the appeal. The claimants in the case are Warns Quarry Company Ltd, Warner Construction and Sanitation Ltd, Inez Investments Ltd, Pres-T-Con 2021 Ltd, Allcrete Ltd, Warner’s son Aluko, employees Robert Wilson, Ricky Joseph, Corey Charles, Kimal Williams, Willinsque Tobias, and Shastri Madhoo and independent contractors Rueben Maprangala, Deon George, Rudy Sahai, Aaron Neptune, and Ahmeed David.

The group filed a lawsuit contending that an ongoing police probe, which resulted in the individuals and Warner being charged with engaging in illegal quarrying, was unlawful and unconstitutional. Through the associated injunction application, they were seeking the return of heavy equipment, tools and communication devices that were seized by police officers during raids in December of last year and in May, as well as the release of a 16.67-hectare parcel of land in Wallerfield that was commandeered by the police as part of their probe.

They were also seeking the release of a large quantity of original documents that were seized from their offices. In the lawsuit, the group’s lawyers noted that Pres-T-Con obtained a 25-year lease from a company for the Wallerfield property in January 2022. Pres-T-Con granted permission to Warns Quarry to occupy the property, and the latter was granted a licence from the Commissioner of State Lands on May 20.

They noted that on June 18, the Ministry of Energy and Energy Industries granted Warns Quarry a conditional authorisation to undertake mineral processing at the property until the end of next year.

Warner, his son, and seven employees and associates were charged with processing aggregate without a licence under Section 45(1)(a) of the Minerals Act. The group, which has denied any wrongdoing, faces a $200,000 fine and imprisonment for two years if they are eventually convicted.

The companies and individuals were also represented by Christopher George and Chelsea Edwards. The AG’s Office was represented by Jason Mootoo, SC, and Tamara Toolsie, while Tekiyah Jorsling represented the DPP’s Office.

The substantive case is expected to come up for hearing before Justice Seepersad on January 14.

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