AG Ramlogan takes London's THA to court over BOLT deal

Attorney General Anand Ramlogan said on Friday he has filed for judicial review to quash a decision by the Tobago House of Assembly to enter into a build-own-lease-transfer (Bolt) arrangement with Rahael Holding Ltd for an administrative building.

Ramlogan is asking the court to rule on whether THA Chief Secretary Orville London exceeded his powers under the THA Act by entering into the secret deal with Milshirv Properties Ltd.

On April 13, 2011 the THA agreed to enter into a Bolt arrangement over an administrative building for the Division of Agriculture, Marine Affairs, Marketing and the Environment of the THA.

Ramlogan said he is taking the action now because he could not act until he received advice from attorneys. “Upon the receipt of the opinion of Senior Counsel, I discussed it with all relevant state officials prior to making any decision,” Ramlogan told reporters.

He added, “I requested the solicitor general to retain counsel for the purpose of drafting the proceedings and it was not until I had been furnished with copies of all documents submitted to the Minister of Finance relevant to the application, and after the searches were undertaken and the relevant documents procured, that I was able to request the opinion of counsel. In these circumstances I was not able to initiate this application earlier.”

Milshirv was incorporated on October 3, 2011. On November 15, 2011, the THA purchased three acres of land at the corner of Shirvan and Milford Roads for $12 million from Dankett Ltd. 

Six days later, on November 21, 2011, the THA leased the same three-acre property for 199 years at an annual rent of $10 to Milshirv Properties Ltd, a mere two months after Milshirv was incorporated.

Under the arrangement Milshirv would construct an office building and facilities which it would then rent to the THA for 20 years at $1.3 million a month.

The claim for judicial review included declarations that:

• the decision is illegal, void and of no effect and in breach of the Central Tenders Board Act Chapter 71:91
• all decisions and/or action taken consequent on the decision are ultra vires, illegal, null and void and of no effect
• a deed of licence dated August 27, 2012, and made between the THA, Milshirv and First Citizens Bank Limited is null, void and of no effect
• an order that a deed of lease dated August 27, 2011, and made between the THA and Milshirv be set aside

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