The Appeal Court has dismissed a challenge to a judge’s refusal of an application by the Warner Group of Companies, owned by Allan Warner, a friend of the Prime Minister, for the police to vacate its Wallerfield plant.
Justices of Appeal Mark Mohammed and Peter Rajkumar said High Court judge Frank Seepersad’s ruling could not be faulted.
In August, Seepersad dismissed the injunction application, which also sought to have the police return multi-million-dollar quarry equipment and machinery they seized as part of a complex illegal mining probe.
The lawsuit before Seepersad was filed by five companies in the Warner Group – Warns Quarry Co Ltd, Warner Construction and Sanitation Ltd, Inez Investments Ltd, Pres-T-Con 2021 Ltd and Allcrete Ltd – and 12 people charged with illegal mining.
After the ruling, Warner’s attorneys filed the procedural appeal in a bid to have Seepersad’s ruling overturned.
But in their ruling on November 25, Mohammed and Rajkumar said the judge was “not shown to be plainly wrong,” in his reasons.
The judges said Seepersad correctly found there was an arguable case, and damages would be an adequate remedy if the Warner Group was eventually successful in its lawsuit.
They rejected claims the companies within the group would suffer irreparable harm or reputational damage if the injunction was not granted.
"Reputational damage could not be undone. It has not been demonstrated how, even with the injunction, the harm could have been prevented," Rajkumar said, as he noted much of the damage complained of was based on media reports on the police raids.
In deciding the procedural appeal, the Appeal Court noted Seepersad correctly balanced which party would suffer the greater prejudice in refusing the injunction and rejected claims that the search warrants interfered with the company's constitutional right to enjoyment of its property.
Rajkumar also noted that, from the evidence, the police were at the quarry to protect evidence, did not prevent access and vacated two days after the injunction was refused.
"The situation with the real property no longer exists," Rajkumar said.
The judges also rejected a claim that Seepersad could be perceived as biased because of a sermon he delivered at a church almost a year ago.
Rajkumar noted that the judge’s speech dealt with gender equality and against wrongdoing.
"There was nothing read out to the court that demonstrates unconscious bias about ‘smartmen,’" he said. "To accuse him of bias is not fair."
The companies were ordered to pay the costs of the Attorney General and the Director of Public Prosecutions.
The ongoing civil case before Seepersad has been adjourned to January 14, 2025.
Warner, his son Aluko, and 11 others were charged with offences arising out of illegal quarrying in two separate police operations on December 2, 2023, at Vega de Oropouche, Sangre Grande, and on May 2, 2023, at Moonan Road, Wallerfield. They remain on bail pending the hearing of the criminal charges.
Farai Hove Maisasai represented the Warner
