Home' Trinidad and Tobago Guardian : September 30th 2013 Contents A9
Monday, September 30, 2013 www.guardian.co.tt Guardian
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Employees from Tatil and some of their ANSA McAL peers from ANSA Automotive, ABS and Carib
Glassworks Limited, joined forces for the 2013 International Coastal Clean-up on September 21. The ANSA
McAL team headed to the Caura River where they assisted in the morning's activities of collecting and
collating the trash that was found in and around the river.
Here employees from Tatil with some of the garbage they removed from the river and its environs.
Lawyers representing Trinidad
Cement Ltd (TCL) and a group of
the company s minority sharehold-
ers will square off in the Court of
Appeal this morning over an injunc-
tion which has left the company s
annual general meeting in limbo.
The appeal was filed by the Clax-
ton Bay-based cement manufacturer
immediately after High Court judge
David Harris granted the last-minute
injunction to 11 shareholders, hours
before the meeting was scheduled
to start on July 12. The injunction
forms part of a substantive lawsuit
in which the shareholders are chal-
lenging a decision by TCL directors
to refuse to attach the group s pro-
posal and statement to the manage-
ment proxy circular which accom-
panied the notice of the meeting.
The group wanted to nominate five
directors to TCL s board.
The shareholders, who together
hold a 5.68 per cent stake in the
company, are Wilnet Holdings Ltd,
Stephen Espinet, Masa Investments
Ltd, Brimont Ltd, Kamal Ali, Alescon
Readymix Ltd, Bourne Investment
Inc, Tatil Life Assurance Ltd, Nicholas
Development Ltd, Helen Bhagwans-
ingh Ltd and Issa Nicholas Holdings.
The group is seeking a declaration
that the directors position on the
issue was "oppressive or unfairly
prejudicial" to them and wants the
court to declare the decision unlaw-
ful, null, void and of no effect.
Included in the lawsuit is a 12-
page affidavit, sworn by Espinet, in
which he justified his intervention
while citing TCL s financial position
after the company failed to declare
a dividend between 2008 and 2012.
He said after several meetings with
his friend, Republic Bank Ltd senior
executive Ian De Souza, the group
joined together this year in an attempt
to nominate five experienced people
to the board to replace five current
board members whose terms were
due to expire at the meeting.
He claimed that ten days after the
group submitted its proposal, TCL
chairman Andy Bhajan informed
them of the board s decision to refuse
Espinet said Bhajan and the board
relied on Section 119 (f) of the Com-
panies Act of 1995 to deny the pro-
posal, while stating it "was inimical
to the overall best interest of TCL."
As part of the appeal of Harris deci-
sion, TCL is claiming that he (Harris)
erred in law when he ruled that it
was unnecessary for Wilnet Holdings
Ltd to show that all 11 members had
agreed to the legal action being taken
The notice of appeal stated: "The
learned judge erred in finding that,
on the evidence before him, Wilnet
had made out a sufficiently strong
case on the evidence to justify the
court s interference with the conduct
of the annual meeting of TCL."
The company is also claiming that
Harris made an error when he failed
to rule that the lawsuit was orches-
trated by the bank through De Souza.
"De Souza was the bank s main
representative on the Steering Com-
mittee of Creditors, which had within
the last year negotiated and con-
cluded financial agreements for the
restructuring of TCL s indebtedness,"
the notice of appeal stated.
TCL is being represented by Dr
Claude Denbow, SC, and Donna
Senior Counsel Douglas Mendes
and attorney Stuart Young are rep-
resenting the shareholders.
Appeal Court hears TCL matter today
The Court of Appeal has quashed
a 43-year-old delivery driver s con-
viction for stealing $7,500 from his
During a hearing of the appeal last
Thursday, appellate judges Paula Mae
Weekes and Alice Yorke Soo-Hon
decided to quash the conviction and
sentence of Andrew Seesahai after
his attorneys and state prosecutors
agreed the case against him was a
Seesahai s attorney Daniel Khan
advanced four grounds in his appeal.
Khan argued that the magistrate who
convicted Seesahai did not consider
his good character, considered illegal
hearsay evidence and applied a wrong
test when she was admitting Seesa-
hai s witness statement and also that
there was material non-disclosure in
Seesahai, of Wall Street, Madras
Road, Cunupia, was convicted before
Magistrate Marcia Murray in the
Port-of-Spain Magistrates Court on
March 21 last year.
He was sentenced to nine months
in prison with hard labour.
In his trial, the State led evidence
that on July 18, 2007, Seesahai deliv-
ered cases of soft drink to a business
and was given the money as payment,
but did not hand over the money to
his employer, RJR Distributors Ltd,
of Violet Drive, Freeport.
In his defence, Seesahai admitted
he received the money but said he
was robbed while returning to his
employer s offices.
Delivery driver freed from 9-month jail term
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