The Attorney General is to be commended for the publication of the report of the Commission of Enquiry into the collapse of the Hindu Credit Union and the CL Financial Group, and for terminating all unproductive civil litigation. Colman’s report was submitted in 2016 and not made public. Perhaps its publication was delayed to avoid compromising any ongoing criminal investigation.
The AG confirmed that the Report cost the country $150 million, inclusive of fees paid to Commissioner Sir Anthony Colman and supporting attorneys. He also revealed that the State spent approximately $28 billion rescuing CL Financial and its subsidiaries, with a further $3 billion to $4 billion spent in subsequent years on legal, accounting and administrative matters linked to the collapse. He also pointed out that this was not the final bill, as the liquidator’s cost is not included. We note that the liquidator’s costs should be borne by asset sales, not the State.
Since much of the $28 billion was paid to single-premium annuitants/policyholders, the AG ought to have disclosed how much of that money was recovered from the liquidation of the Group’s assets. He said that the civil suits have been costly and he intends to end them, noting that there was a “legal feeding frenzy…half a billion dollars” was spent with nothing to show, and a “joke investigation.”
The State’s control of CLF Group spanned three political administrations, starting in 2009 and ending with the appointment of a liquidator in 2018. The AG referred to an inner circle of golfers and wealthy individuals being involved in the legal feeding frenzy, but did not emulate Ms Robinson-Regis’ bold step in 2016 of disclosing the names of the attorneys that were paid as part of the COE and their fees, two of whom are currently chairmen of State companies. While he must be commended for publicly declaring his decision to end civil matters, the failure to give further and better particulars leads one to conclude that both administrations seem to be using the same playbook of limited disclosure to gain political mileage.
We hope that this is not all that the AG has to say on this matter and that, in the interest of transparency and accountability, he will provide further and better particulars on some of the matters raised, as it is unlikely that any FOIA request will reveal the expenditure details of each administration’s term.
The Paria COE cost $15 million, with promises of payment to affected families that never materialised. This figure does not include the legal costs of the state-owned Paria. The enquiry into the Point Fortin highway project, which is yet to start, has already cost taxpayers $11 million. The enquiry into the 1990 attempted coup cost $31.8 million. Udecott’s enquiry cost taxpayers $46.2 million, excluding Udecott’s cost. The Las Alturas enquiry cost $24.5 million and does not include the legal costs of HDC and Udecott, or the legal fees of the Commissioners, which the State has to bear in the successful legal challenges to the same.
It is hoped that this AG will continue in this vein and disclose the legal costs of all civil suits brought by the State under this administration and the last by state enterprises, the attorneys paid and decide if they should continue in this guava season. More importantly, criminal charges should be brought against all errant managers to reinforce the principles of good governance.
