The following article was first published in the Trinidad And Tobago Guardian on Wednesday 20th March, 2019.
You can read the entire article on their website HERE.
The T&T Football Association (TTFA) has been cautioned by a High Court Judge over its repeated refusal to release information on the construction of its US$2.5 million “Home for Football” in Balmain, Couva to one of its directors.
Delivering an oral judgement at the Hall of Justice in Port-of-Spain yesterday afternoon, High Court Judge Ronnie Boodoosingh ruled that TTFA president David John-Williams and former general secretary Justin Latapy-George acted irrationally and unreasonably when they repeatedly declined requests made by TTFA director and T&T Super League president Keith Look Loy, since December 2017.
“Organisations like the TTFA, having been incorporated by statute, can not be the personal fiefdom of individuals. Even if it were so in the past, it can not be so in modern times,” Boodoosingh said, as he ordered John-Williams to disclose the information to Look Loy within seven days.
Neither John-Williams nor Latapy-George were present in court for the judgement and were represented by the TTFA’s lawyer Anand Missir.
In his judgement, Boodoosingh ruled that Look Loy was entitled to seek the information which includes the financing arrangement for the facility, the tendering process used for selecting the contractor and sub-contractors and time-frames for completion.
“He (Look Loy) has obligations as well as potential liabilities and must, therefore, have the true position of the association so he can properly perform his functions,” Boodoosingh said.
Stating that transparency is the antidote for corruption, Boodoosingh questioned the rationale of the TTFA officials in the case.
“Given international knowledge of the turmoil in Fifa, one would have thought that the defendant would not have found itself in the position it has,” he said, also criticising the TTFA for requesting that Look Loy sign a non-disclosure agreement if he was to be given the information. The TTFA claimed that the request was made after it received advice on the issue from Fifa, which mainly financed the project.
“It is not about protecting an organisation but what is in the best interest of the world game…Those who have nothing to hide, should not fear light being shone on them,” Boodoosingh said.
As a secondary issue in the case, the TTFA was alleging that Look Loy should not have been allowed to bring the judicial review lawsuit as it is not a public body, whose decisions are capable of being reviewed by a court.
Boodoosingh strongly disagreed as he pointed out that it was established by an Act of Parliament to manage and promote football in the country and that it receives occasional State funding.
He also rejected the TTFA claim that the issue should have been resolved using arbitration as he stated that such have would require “willingness” from both parties.
In addition to ordering the disclosure of the information, Boodoosingh also ordered the association to foot Look Loy’s legal bill for pursuing the lawsuit.
Look Loy was represented by Dr Emir Crowne, Matthew Gayle and Crystal Paul.
Accountants agree to analyse documents
A team of forensic accountants are expected to look into the financial records on the construction of the “Home for Football”.
In a brief interview outside the Hall of Justice in Port-of-Spain, after Look Loy won his lawsuit against the TTFA, he said the accountants approached by him had already agreed to analyse the documents once they are released by the TTFA over the next week.
Look Loy said: “I don’t know what we would find. I never accused anyone of anything but in the absence of factual information there would be speculation and there is a mountain of speculation over what is happening in Couva.
“I am going in there now to see what exactly has been happening, not on behalf of Keith Look Loy but behalf football community and the people of T&T.”
Asked how he felt with the outcome of the case, Look Loy said he was always confident.
“It feels good to know that there was recourse for me and other people who are fighting for transparency in the conduct of business, human affairs and the conduct of TTFA affairs,” he said.
He also suggested that Justice Ronnie Boodoosingh’s judgement in the case may help improve the sport in T&T.
“The judge was right. Football is not private business or a private fiefdom, it belongs to all of us,” he said.
About the Project (Put in box)
The “Home for Football” project is expected to include a 72-room hotel, training pitches, an entertainment centre and administrative offices for the association.
The sod was turned in September 2017, with construction starting in February, last year. The project was sponsored by Fifa and is being constructed on a little over seven hectares of land donated by the Government.
The project was already at an advanced stage when Fifa representative Veron Mosengo-Omba and Sports Minister Shamfa Cudjoe conducted a tour in August, last year.
The project is still incomplete but the facility is scheduled to be opened, later this year.