Home' Trinidad and Tobago Guardian : July 8th 2016 Contents A10
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A construction company has lost its
$400 million lawsuit against the National
Infrastructure Development Company
(Nidco) over its failed bid for a proposed
interchange at the Churchill-Roosevelt
Delivering an oral judgment in the Port-
of-Spain High Court yesterday, Justice
Vasheist Kokaram upheld a preliminary
application from Nidco s attorney, Kelvin
Ramkisson, calling for the lawsuit from
Lutchmeesingh s Transport Contractors
Limited to be struck out.
The company had filed the claim in April
last year, two months after Nidco terminated
its negotiations with it over the price it had
tendered for the project.
Nidco issued the tender on October 28,
2014, in which it set the conditions for the
selection of the contractor for the project.
The two main considerations cited by
Nidco in the selection process were costs
for construction and the capability of poten-
tial construction firms to complete the mega
The company had claimed Nidco failed
to give reasons for its decision which would
have allowed it to provide a revised offer.
It was seeking damages for wasted expen-
diture incurred in participating in the ten-
dering process and for loss of an opportunity
to obtain a profitable contract.
Ramkisson, in his application, pointed to
the terms of Nidco s Invitation to Tender
(ITT) which provided the company with
the option of protesting against Nidco and
taking its dispute to arbitration, both facilities
which were not used by it before initiating
Ramkisson also disputed that the ITT
constituted a binding contract between
Nidco and the company as he said that
would only be so if all the terms of the ITT
had been followed and a subsequent contract
was executed between the parties for the
Ramkisson also challenged the company s
claim his client failed to give reasons for its
decision as he said the ITT did not contain
that provision and that the reasons would
have been obvious to the company as it was
engaged in protracted negotiations over the
price quoted for the project before discus-
sions were terminated.
As part of his decision, Kokaram ordered
the company to pay Nidco s legal costs for
defending the claim.
Since its inception the tendering process
for the project was mired in controversy as
there was a war of words between former
junior minister in the Ministry of Works
and Infrastructure, Stacy Roopnarine, and
her former boss Dr Suruj Rambachan over
Nidco s handling of the tender process.
Cop gets 100 hours
Police officers ought not to abuse their power
and take advantage of people they are supposed
to protect and serve.
Justice Maria Wilson sent the message yesterday
as she sentenced suspended Police Constable
Ronnie Sahadeo to 100 hours of community serv-
ice for assaulting a prisoner 15 years ago.
Sahadeo was warned if he failed to comply
with the order the Probation Officers Department
will inform the court and he will be sentenced
to one year imprisonment.
Wilson said Sahadeo s actions were an abuse
of position of power.
"An officer is expected to protect and serve.
There was an abuse of trust and authority which
further undermines the confidence in the pro-
"The court has to send a message that police
officers must not abuse their powers in law. Offi-
cers ought not to take advantage of persons they
are to protect and serve. They are to enforce the
law but are not to abuse the law," she added.
The judge said there were many options open
to officers faced with such a situation, including
Sahadeo and his colleague, Cpl Bertrand Ram-
sumair, went on trial before Wilson in the San
Fernando High Court in April charged with assault
occasioning actual bodily harm and larceny of
$700 arising out of an incident on March 4, 2001.
Ramsumair was found not guilty on both
charges on May 5 while Sahadeo was found guilty
on the assault charge but not guilty on the other
Sahadeo was taken into custody and a probation
officers report was ordered.
The State s case, led by attorneys Hema Soon-
darsingh and Kimberly Gunness, was that around
1.30 pm Rajesh Jadoonanan, a taxi driver, was
with his wife on their way to visit his in-laws
when Sahadeo and Ramsumair stopped the car.
The officers asked Jadoonanan for his driving
documents, told him his tint was too dark, that
he was improperly dressed and asked him if he
had a bin in his car. They then told him his vehicle
had to be impounded. Jadoonanan said Sahadeo
collared and cuffed him three times.
Jadoonanan was taken to the Barrackpore Police
Station, stripped, ordered to squat and cough
three times and placed in a cell.
She said Sahadeo was not remorseful. Through
his attorney, Rajiv Persad, she said Sahadeo
claimed he was a sacrificial lamb and maintained
his innocence. On the other hand, she said,
Sahadeo offered to apologise.
Saying a custodial sentence was not appropriate,
the judge also considered the probation officers
report which said the risk of Sahadeo re-offending
was minimum to non-existent.
Company loses out on
$400m Nidco claim
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