National Security Minister Jack Warner has found himself entangled in another legal battle relating to his former tenure with Federation Internationale de Football Associations (FIFA). This time Warner is being sued for more than $1.2 million by a local company, Graphix Advantage Ltd, for alleged non-payment for printing and installing of signage for the FIFA Women’s World Cup Under 17 in T&T in 2010.
Yesterday Justice Frank Seepersad described as unacceptable Warner’s non-attendance in the matter, saying at the last hearing in January he specifically requested Warner to be present. Citing Standing Order 27 5(2) of the Civil Proceedings Rules, the judge said Warner has a responsibility to appear in the matter. He said court attendance must take primary precedence over any other activity. Attorney Dereck Balliram, who with attorney Om Lalla appeared for Warner, apologised but gave no reason for the minister’s absence.
The judge ordered that Warner be present at the next hearing on September 25. Warner is named as the second defendant while T&T Football Federation (TTFF) is named as the first defendant in the matter in the San Fernando Civil Court. The company, through its managing director Imamuddin Baksh, is being represented by Hendrickson Suenath SC. Attorney Derick Ali, who is representing TTFF, was also absent yesterday. Parties were ordered to file witness statements by July 19.
The claim
In the statement of claim, Baksh said at the time of the business transaction he was the personal assistant to Warner, then works and transport minister. Baksh is claiming Warner was then the special adviser of TTFF and chairman of the de facto Local Organising Committee (LOC) of the FIFA Women’s World Cup Under 17, 2010 competition.
Baksh is also claiming Warner “requested and instructed” him to print and install signage at all the stadia where the competition was to be held. Warner, according to Baksh, assured him “that payment for said work would have been paid by him on behalf of LOC.” Baksh said invoices for the total sum of $1,360,968 for the printing and installing of large posters/banners were duly delivered to TTFF.
He said in November 2010 he was paid $98,555 by a cheque drawn on an account in the name of LOC South Africa 2010 Ltd. Baksh claimed he made numerous requests for the balance $1,262,413.19 but to no avail. He said he was subsequently fired in 2011.
Warner’s defence
In documents filed by Warner and TTFF, both defendants are denying allegations made by Baksh. Warner’s defence, according to court documents, is that all transactions and agreements were made with the LOC of FIFA’s Women’s World Cup Under 17, 2010 and not him in a personal capacity and all goods and services were received by the LOC.
Warner denied he was the de facto chairman of the LOC because at all material times management of competition were under control of the LOC and its chief executive officer, Nataki Kerr. TTFF’s also claimed all business transactions were done with LOC and not TTFF.