BUSINESSMAN Steve Ferguson wants a new trial of the State’s civil case related to the Piarco International Airport corruption case in Miami.
On April 13, Ferguson's attorneys filed a motion for a new trial and for judgment "notwithstanding the verdict" delivered on March 29.
The motion will be heard on April 28, a week after Florida judge, Reemberto Diaz, is expected to enter the final judgment in the case.
Before the court were Ferguson, former minister Brian Kuei Tung and US businessman Raul Gutierrez Jr.
The State began litigation in 2004 in the US, hoping to recoup US$37 million from those accused of corruption, among them Ferguson and Kuei Tung.
The alleged racketeering charges were filed under the US’s Racketeering and Influence Corruption Organisation Act (RICO).
Ferguson, Kuei Tung and Gutierrez were the only defendants left in the Government's civil case from the original matter by former attorney general John Jeremie, SC. The case originally involved 23 defendants.
Default judgment was already entered against Kuei Tung.
Ferguson's motion says he is entitled to judgment on all claims because Trinidad lacked standing to bring a claim for injury alleged to have suffered by the Airports Authority.
"Standing requires that 'the claim be brought by or on behalf of one who is recognised in law as a real party in interest,'” Ferguson's motion argued.
It added that "the basic purpose of this rule is to “protect a defendant from facing a subsequent similar action brought by one not a party to the present proceeding and to ensure that any action taken to judgment will have its proper effect as res judicata."
The motion says the undisputed trial evidence established that the Airports Authority entered into the contract for CP-13 and the maintenance contract while NIPDEC entered into a contract for CP-9. It said the Airports Authority made payment on CP-9, CP-13, and the maintenance contract; and paid for the construction of the Piarco Airport with money borrowed from bonds.
"Further, all the contracts stipulated that the contracts shall be governed in accordance with the laws of Trinidad and Tobago and that any claim or controversy arising out of the contracts shall be settled by arbitration "
It went on to say that the Supreme Court of Trinidad and Tobago in November 2011 ruled that this country was the appropriate forum to try matters in relation to the Piarco Airport project and in particular construction packages 9 and 13.
[caption id="attachment_1011214" align="alignnone" width="992"] Former Attorney General Faris Al-Rawi who represented TT's interests in the Miami civil asset forefeiture case linked to the Piarco terminal construction matter. -[/caption]
"The Attorney General of Trinidad and Tobago was a party to those proceedings…and is bound by the ruling. Also, the Attorney General never sought to appeal that ruling of the High Court."
Ferguson's motion also referred to a claim brought by
