Alleyne takes Manning to court

FIRED UTC chairman, Hubert Alleyne has gone to the High Court challenging his dismissal which he claimed was orchestrated by Prime Minister Patrick Manning and/or Junior Finance Minister Conrad Enill, and not the Governor of the Central Bank as was stated in a post-Cabinet news conference.

Alleyne filed an originating summons in the Port-of-Spain High Court Registry yesterday, naming Manning, Enill and the Attorney General as defendants. No date has been set for the hearing of the summons. Alleyne will be represented in court by Dr Claude Denbow SC, leading Kelvin Ramkissoon and instructing attorney Donna Denbow. Attached to the summons was an affidavit sworn to by Alleyne. Included in the documents were a flurry of letters between Alleyne and the Governor of the Central Bank, Ewart Williams, PM Manning and Minister Enill.
Alleyne, a former Royal Bank executive, is asking that the following questions be answered:
(1) Whether upon a proper construction of the UTC Act, Manning and/or Enill were empowered and/or authorised to require the Board of Directors and the chairman of UTC to act in accordance with Government policy and/or to comply with directives emanating from the Minister of Finance acting on behalf of the Government.
(2) Whether upon a proper construction of the provisions of the Act, the UTC can be treated in law as a State-owned or controlled entity whose Board of Directors is obliged to comply with and/or adhere to the directives and/or decisions emanating from the Minister of Finance.
(3) Whether upon a proper construction of the provisions of the Act, Manning and/or Enill acting on behalf of the Cabinet, were empowered to instruct or advise the President to revoke Alleyne’s appointment as chairman of UTC effective October 9.
(4) Whether Manning and Enill acting on behalf of the Cabinet were empowered to advise the President to revoke Alleyne as chairman on the ground that he failed to act in accordance with Government policy in relation to the conduct of the affairs of the UTC.

In his affidavit, Alleyne stated that he was appointed chairman of UTC by letter dated August 30, 2002 and signed by the Governor of the Central Bank for a five-year period. He succeeded Judy Chang who served for a similar period. Alleyne’s troubles started in July when the Central Bank Governor communicated with the UTC Board that a succession plan be placed in respect of the Executive Director of the UTC. The incumbent executive director Clarry Benn was approaching the end of his contract. The Board retained the services of Price Waterhouse Coopers to advertise locally and regionally and to undertake the interview of candidates for the post. They narrowed it down to Benn and Renrick Nickie, the Executive Manager-Marketing and Operations. At a meeting on June 17, the Board considered the report and agreed that Benn should be retained as executive director for a further term of four years. Alleyne said he wrote to the Central Bank Governor seeking consultation with him in respect of the Board’s decision. But the Governor wrote to Alleyne proposing that Nickie be appointed to act as executive director upon the expiration of Benn’s contract on August 31. Alleyne said he wrote to the Prime Minister pointing out that Benn’s contract had expired, the report of the firm of Price Waterhouse and Coopers, and asking him to agree to a two-year term for Benn. The former chairman said he wrote to Benn on September 5 advising him that his acting appointment was withdrawn after legal advice and that he was being appointed effective September 1.

Alleyne wrote to the Prime Minister on September 18 pointing out that the Board did not have a quorum for a meeting since neither the representatives (on the Board) from the Ministry of Finance and the Central Bank attended the meeting, while the nominee from NIB left the meeting. He said the absence of the three could not be regarded as pure coincidence. Alleyne said that on October 13, a UTC messenger delivered a letter to him from the Central Bank Governor informing him that his appointment as chairman was revoked and that the instrument was signed by then acting President Dr Linda Baboolal on October 9. The following day, Alleyne said he heard on several media broadcasts and coming from Enill that the UTC Chairman was appointed by the Government on a recommendation from the Central Bank. “I state categorically that when I held the position of Chairman of the UTC, I was unaware of any requirement by me or the Board of Directors to carry out Government policy. No written directive or documentation in the nature of Government policy ever came to me in this capacity.” Alleyne said that at a post-Cabinet news conference on October 16, the Prime Minister stated among other things that the Central Bank Governor had lost confidence in him and had requested his removal. The Prime Minister, according to the former chairman, said “Alleyne was removed following a report by the Governor that such a removal takes place.” Alleyne said it became clear to him that the revocation was effected by instructions given by Manning and/or Enill acting on behalf of the Governor.