EMBD $m cartel claim set for June

Justice Frank Seepersad. -

THE Estate Management Business Development Company Ltd (EMBD) multi-million dollar cartel claim lawsuit against a government minister and several contractors has gone to June 2026 as procedural issues continue to plague the almost decade-old case.

At a hearing on December 15, Justice Frank Seepersad set dates in February, April, and May for the filing of further material related to the lawsuit and set June 1, 2026, for the next hearing date before he gives further directions to take the case forward.

Back in September, Seepersad had issued a stern warning to parties that delays would not be tolerated after refusing an application by the EMBD to extend filing deadlines.

“The matters before the court raise important issues as to accountability, transparency, and the protection of the public purse, and they have generated significant political and public interest.

Seepersad had noted that the case, which dates back to 2017 and involved multiple defendants, including Energy Minister Dr Roodal Moonilal, has already suffered excessive procedural delays.

He stressed that “delay slowly corrodes the steel of justice” and warned that the court will not tolerate further attempts to stall progress.

“The parties must understand that delay would not be countenanced, nor will the court allow its process to be manipulated to avoid efficient and timely resolution of these matters.

“After eight years, there will be a no-tolerance approach to delay, and as long as the instant matters remain docketed to this court, they will progress with alacrity,” he warned.

“This court operates on the premise that matters should be tried within two years of their institution and judgments must be delivered without delay.

The substantive lawsuit centres around 12 contracts for the rehabilitation of roads and infrastructure, which were granted to five contractors before the September 2015 general election.

TN Ramnauth and Company, Kall Co Limited (Kallco), and Mootilal Ramhit and Sons Contracting initiated litigation against the state-owned special purpose company for the almost $200 million balance owed on their respective contracts.

EMBD countersued the contractors, claiming that they, as well as contractors Fides and Namalco, conspired together with Moonilal, former EMBD CEO Gary Parmassar, divisional manager Madhoo Balroop and engineer Andrew Walker to corruptly obtain the contracts. It also claimed that the parties agreed to facilitate the contractors receiving preliminary payments for the work, which was allegedly overpriced and substandard and utilised a loan meant to pay for other legitimate contracts to make the interim payments.

Through the lawsuit, EMBD is seeking $275 million plus interest and a series of declarations against the parties, including one on the illegality of the contracts.

Earlier this year, EMBD amended its case to claim that Moonilal served as a “shadow director” of the company, as its former officials reported to and took instructions from him. It claimed Moonilal breached his fiduciary duties and those under the Integrity in Public Life Act.

EMBD’s main new allegation was in relation to payments allegedly made by the contractors to third parties, who it claimed were connected to Moonilal and the United National Congress (UNC).

At the time of the amendment, then-opposition leader, now Prime Minister Kamla Persad-Bissessar, described the case as a “political witch-hunt.”

Persad-Bissessar suggested that the latest allegations were “fabricated” and did not debar Moonilal from being screened for the April 28 general election.

While the EMBD fell under the Ministry of Housing during Moonilal’s previous tenure, it was recently transferred to the Ministry of Agriculture, Land, and Fisheries in May.

Moonilal was present at the virtual hearing on December 15.