CHIEF Secretary Farley Augustine has claimed that Original Canopy Tours Enterprises Ltd, which earned a THA contract in 2015 to build a 1.5km zipline in the Main Ride Forest Reserve in Tobago, is not a legitimate company.
Augustine made the revelation on Friday during a media conference at the Shaw Park Cultural Complex.
The former PNM-led THA sued the company last year, on the cusp of the December election, for US$416,900 for alleged breach of contract. The Progressive Democratic Patriots (PDP) had criticised the PNM and its former leader Tracy Davidson-Celestine for its handling of the project. The zipline project never materialised despite THA funds being spent.
Friday's media briefing came hours after the THA received two freezing orders against the directors of Original Canopy Tours Enterprises Ltd – one in Trinidad and Tobago and another in the British Virgin Islands (BVI), where the firm is based.
One order was granted against Richard Graham and Darren Hreniuk, of Original Canopy Tours by Justice Kevin Ramcharan on November 5. The other was granted on Thursday by Justice Gerhard Wallbank in the Eastern Caribbean Supreme Court’s commercial division for the High Court of the BVI.
The THA’s claim, which was filed in the High Court in November 2021, sought loss and damages for breach of contract "as a result of the defendant's failure to deliver all materials and equipment to the claimant" as well as failure to comply with the services agreement between the parties.
The zipline project began in 2015 during the tenure of former tourism secretary Davidson-Celestine but was never completed, despite the THA's spending some $2.5 million on it.
Augustine said on Friday, “After commencing civil proceedings against Original Canopy Tours Ltd for the receiver of millions of dollars spent on the project, it was discovered that the company was not in fact a legitimate entity.”
He said the THA’s attorney’s, led by John Jeremie, SC, did the necessary search in the BVI, where Original Canopy Tours Enterprises Ltd was said to be registered, based on the company registration documents presented to the THA, but "I just found that the company just does not exist there at all.”
Augustine said the THA’s attorneys then moved against the promoters of the company and the High Court issued a freezing injunction against the assets of these individuals in Trinidad and Tobago.
“As the company was said to be a British island company, attorneys in the BVI were retained and the High Court there recognised the injunction from Trinidad and Tobago ordered against the promoters.”
Additionally, he said the THA was granted discovery orders by the High Court against the promoters of the company.
“When we are talking about discovery orders, we are talking about the fact that the court is allowing us to serve papers on the banks in the country that do the accounts and all the financial transactions through our banking system here and in the BVI that dealt with this matter. The history of the financial transactions will be bro
