tidings
Corey Connelly
Principal Secretary Farley Augustine has claimed that Original Canopy Tours Enterprises Ltd, which won a THA contract in 2015 to build a 1.5km zipline in Tobago’s Main Ride Forest Reserve, is not a legitimate company.
Augustini made the revelation Friday during a media conference at the Shaw Park Cultural Complex.
The former PNM-led THA sued the company last year, in the run-up to the December elections, for US$416,900 for alleged breach of contract. The Progressive Democratic Patriots (PDP) had criticized the PNM and its former leader Tracy Davidson-Celestin for their handling of the project. The zipline project never materialized, despite THA funds being spent.
Friday’s media conference came hours after the THA obtained two freezing orders against directors of Original Canopy Tours Enterprises Ltd – one in Trinidad and Tobago and another in the British Virgin Islands (BVI), where the firm is based.
An injunction was granted against Richard Graham and Darren Hreniuk, of Original Canopy Tours, by Judge Kevin Ramcharan on November 5. The other was granted on Thursday by Judge Gerhard Wallbank in the commercial division of the Eastern Caribbean High Court for the Supreme Court of the BVI.
THA’s claim, which was filed in the Supreme Court in November 2021, sought damages and damages for breach of contract “as a result of the defendant’s failure to deliver all materials and equipment to the plaintiff” as well as non-performance of services. agreement between the parties.
The zipline project began in 2015 during the tenure of former tourism secretary Davidson-Celestine, but was never completed, despite THA spending about $2.5 million on it.
Augustine said on Friday, “Following the initiation of civil proceedings against Original Canopy Tours Ltd for the recipient of millions of dollars spent on the project, it was discovered that the company was not in fact a legitimate entity.”
He said counsel for THA, led by John Jeremie, SC, did the necessary research in the BVI where Original Canopy Tours Enterprises Ltd was said to be registered, based on company registration documents filed with THA, but “I just found that the company simply does not exist there at all.”
Augustine said THA’s lawyers then moved against the company’s promoters and the High Court issued a freezing order against the assets of those individuals in Trinidad and Tobago.
“Since the company was said to be a British Island company, lawyers in the BVI were retained and the High Court there recognized the injunction from Trinidad and Tobago ordered against the promoters.”
Additionally, he said THA was granted discovery orders by the Supreme Court against the promoters of the company.
“When we talk about discovery orders, we’re talking about the fact that the court is allowing us to send letters to the country’s banks that handle the accounts and all the financial transactions through our banking system here and in the BVI that it handled. with this issue. The history of financial transactions will be brought into play by the court and will be brought to court on this matter.”
Agustini said that in addition to the civil process, THA has now left the matter in the hands of the police.
“In fact, all the evidence we’ve found so far has been reported to the fraud squad.”
He said he could not comment further on the matter but referred all questions to Jeremie.
Former tourism secretary Nadine Stewart-Phillips, who succeeded Davidson-Celestine, previously revealed the project consisted of 12-14 platforms and 11-13 lines, including a special observation platform for birdwatchers and photographers. She said the Executive Council approved $4 million for the project, which was expected to be completed within seven weeks of the materials arriving in the country.
A service agreement, she had said, was signed in June 2015 between THA and Original Canopy Tours Enterprises Ltd to design, develop and build a high-angle canopy tour course.
Stewart-Phillips had said company representatives visited Tobago in September 2015 to set the course and the division paid two of the four payments under the signed agreement.
On the campaign trail before the THA election, now THA general secretary Farley Augustine raised the issue, saying Davidson-Celestine had to answer to taxpayers for the failed project.
Augustini had claimed that a 2016 auditor general’s statement expressed concern about the project, noting that a visit to the tourism division’s shops section revealed only a few ropes in hand.
Former chief secretary Ancil Dennis, although he said Davidson-Celestine was not guilty of any wrongdoing, decided to take action against the company.
“We will pursue this to the end to ensure that the truth is revealed and to ensure that we are able to recover damages for the failure to deliver this project on behalf of the people of Tobago,” he had said.
Barristers John Jeremie, SC, Timothy Alfonso and instructing counsel Shivana Lalla were retained.
Augustini said Friday that he was initially skeptical about THA’s legal action under the PNM. He said the PDP administration did not change anything and allowed the matter to run its course.
