In an unprecedented move, businessman Emile Elias has written to President George Maxwell Richards, asking that he revoke the appointment of Independent Senator and Urban Development Corporation of Trinidad and Tobago (UDeCOTT) director, Michael Annisette.

Elias, in his letter dated October 2, 2009-last Friday-cited ’reckless and untrue’ comments about him made by Annisette, and in the interest of good governance, as his reasons for seeking the Independent Senator’s removal from that post.

Annisette, at Thursday’s sitting of the Senate which dealt with the Validation Act of the Uff Commission of Enquiry, went on the offensive against Elias and the People’s National Movement (PNM) Diego Martin West MP, Dr Keith Rowley.

Elias, executive chairman of the contracting firm NHIC Ltd, told the Sunday Express that he hand-delivered the letter to Richards on Friday evening.

According to a copy of the letter obtained by the Sunday Express, Elias tells the President:

’It is without doubt, intolerable, improper and an outright abuse of office for Independent Senator Annisette to use his constitutionally sacred office to malign me as a private citizen and wrongfully attack NHIC, a law-abiding corporate citizen, while sheltering under the cloak of parliamentary privilege.

’Indeed, the disturbing conduct of Senator Annisette referred to above ought not to be viewed in isolation. It must also be remembered that he continues to hold the position of board member of UDecott, a company owned and controlled by the State which is the subject of an ongoing Commission of Enquiry set up by your Excellency at which serious allegations have been made, including allegations about the good governance and improper use of public funds.

’Further still, Senator Annisette holds the position of board member of five other state companies or entities, which, as convention shows, is often reserved for persons sympathetic to the political party in power (the PNM).

’By his conduct Senator Annisette has demonstrated that he is not an independent person and wholly unsuitable to continue to hold the high constitutional office to which you have appointed him.

’His disgraceful conduct has not only brought the independent benches into disrepute, but by extension, the entire Parliament and our national institutions have been diminished in the eyes of the public.’

Elias then makes the official request that Richards fires Annisette, stating:

’I am therefore requesting that in the interest of re-establishing good governance, you immediately revoke his appointment to the Senate and I look forward to your early response by an appointee of your office who holds his position at your pleasure.’

Elias’s letter also adds to the imbroglio that now defines the Commission of Enquiry into the Construction Sector.

The Enquiry, headed by British Prof John Uff, was, on Friday, stalled in the courts by UDeCOTT’s attorneys after already having consumed millions of dollars in taxpayers’ money, as well as national attention.

Annisette, a prominent trade unionist, who heads the Seamen and Waterfront Workers Trade Union as well as the National Trade Union Centre, has been at the heart of the UDeCOTT controversy since last April, when he launched a sterling defence of the company amid initial corruption allegations.

Back then there were general calls for him to resign his post as an Independent Senator on the grounds that, as a member of a State board appointed by the PNM regime, he could not realistically claim independence of the Government, and therefore, could not perform his duties.

Having refused then to resign, Annisette had publicly said in the run-up to Thursday’s debate that he was considering recusing himself from contributing, on the very grounds that his directorship at UDeCOTT may imply automatic bias.

However, he not only contributed to the debate, but spent most of his time attacking Elias and Rowley.

In his letter to the President, Elias also states:

’I draw your attention to the fact that Independent Senator, Michael Annisette, in what could only be seen as an attempt to tarnish my character and denigrate my company, NH International (NHIC) Company Ltd, made the following reckless and untrue statements.’ He refers to the Hansard record of the Senate sitting, which quotes Annisette as saying:

’NH International Caribbean Ltd registered where? In the Cayman Islands, British West Indies? Do you know what that means? That he has gotten over a billion dollars of taxpayers’ money for doing Government’s work but his company is registered in a tax haven. What does that mean? Nothing comes back to Trinidad and Tobago. Dr Rowley eh talk about that. Nobody eh mention dat. No one mentioned. What is ironic? I will show you the connection.’

Elias, in the letter, refutes these claims by the Independent Senator, saying that:

’NHIC is an international construction company, 100 per cent owned by citizens and permanent residents of Trinidad and Tobago and has operated in 11 jurisdictions over the last 12 years. NHIC has submitted tax returns to the Trinidad and Tobago Inland Revenue every single year and paid all taxes according to law.’ Elias again refers to the Hansard record of Annisette’s contribution, reporting the Independent Senator as saying:

’Didn’t Emile Elias finance you (Rowley) in 1996 with the People’s National Movement? Yes he contributed. How much? I can’t say because he has somebody in charge. I know that is not so. I could tell you de amount but I wouldn’t embarrass him. Ah could tell you de amount. You want to know? $500,000. Having said that, where is Bagoo? (Newsday reporter Andre Bagoo). Not here. Landate Report. We are talking about corruption.’

Elias says that Annisette indirectly defied the tradition and Standing Orders of not imputing improper motives to a Member of Parliament, by alluding to corruption allegedly done by Rowley, the PNM MP in the Lower House:

In refuting Annisette’s, he tells the President in his letter that:

’Neither I nor any company I am associated with, ever gave a $500,000 contribution to Dr Rowley in 1996, nor since then.’

Elias quotes the Hansard report of Annisette saying:

’I will now call upon the Attorney General to investigate this. I am calling upon you because it is recommended that he be charged for larceny. Do you want me to bring it for you? We are talking about corruption and I am showing the connection. I am not worried about that.’

Says Elias in his letter to Richards:

’This is a gross distortion and misrepresentation of the findings of the Commission of Enquiry referred to. The said Commission did not recommend that I be charged for larceny. All it effectively said was that the ’appropriate authority’ should conduct an investigation to determine whether NHIC removed Nipdec material from the Scarborough Hospital site and took it to the Landate Development project and if this is so found it should take appropriate action.’

Elias further pointed out that before making these ’untruthful’ statements under parliamentary privilege, Annisette failed to contact him or his company to verify whether they were true and give him a chance to comment on them.

He also states that if Anisette had conducted a ’balanced’ review of the Commission he was referring to, as well as evidence given so far in the Uff commission, ’he would not have permitted himself to make the untrue statements in respect of which complaint is now made’.

Elias goes on to tell President Richards that ’such conduct on the part of Senator Annisette when taken together with the nature of statements uttered by him, admits, at the very least, of a reckless predisposition to injure the reputation and character of me and my company without any regard to the consequences’.

’In this regard, I ask you., Excellency, to review the video footage of Senator Annisette’s contribution as it is instructive to see and hear how he conducted himself in a manner wholly unbecoming of an independent Senator.’

President Richards has the sole power to revoke the appointment of any Independent Senator whom he decides is not performing his duties as per the constitutional mandate of independence and fairness.

It is not the first time Elias has challenged allegations of corruption levied against him by a parliamentarian.

Earlier this year, he won a case in the courts for slander and libel against former United National Congress/Congress of the People MP for Caroni East, Ganga Singh, over similar allegations made about the Landate matter.