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Trotman challenges Govt. to declare Exxon contract null and void due to ‘criminality’
…Jagdeo says deal remains intact; no probe at this time
Kaieteur News – Vice President, Dr. Bharrat Jagdeo has often accused former Natural Resources Minister, Raphael Trotman of being the “biggest criminal” in the signing of the lopsided Stabroek Block Production Sharing Agreement (PSA) with an ExxonMobil-led consortium. Trotman has now challenged Jagdeo to use those allegations as grounds to easily annul the contract.
In a letter published in Thursday’s edition of the Kaieteur News Trotman said, “…Every student of the law knows, and I am sure he has access to first-rate legal advice to confirm, the fundamental principle that fraud and illegality vitiate and void any contract.”
Trotman said all Guyanese should be happy at this latest pronouncement, or mis-pronouncement. In essence, he said it means that there is no need to “renegotiate” the contract as many persons have been calling for.
“Just inform Exxon and its partners, Hess and CNOOC that because of the alleged criminality associated with the signing, there is no valid contract and call on them to come to the table to hammer out a new one,” the former minister said.
He further noted that one cannot say that criminality occurred on one hand but still keep the PSA intact because of the “sanctity of contract” principle. Trotman said it is now incumbent on the Vice President to do something about the criminality he so often gripes about.
Former Natural Resources Minister, Raphael Trotman
In response to Trotman’s letter, Jagdeo clarified at a press conference yesterday what he meant by alleging that criminality occurred. “What I said basically is that it was criminal negligence on his part because he had advice (from experts) to the contrary but he rushed off and signed the contract when he should have exercised greater diligence so it is criminal on his part,” the Vice President said.
Vice President, Dr. Bharrat Jagdeo
“…It is almost like malfeasance in public office when you breach fiduciary trust and you just callously sign off on a complex contract of this nature…he just rushed off and concluded it. That was what I said. He did not represent us, he acted criminally,” the official further clarified.
The Vice President further noted that the government has not been able to prove Trotman benefitted personally. He said however that if that could be proven by anyone then that could be a different case to be examined.
Probed on the possibility of a formal inquest into the purported negligence, the official said he is not sure at this point.
“I don’t know, if Kaieteur can come up with some evidence that warrants such an investigation then I am sure everyone would want to do that, but we don’t have any evidence,” the Vice President concluded.
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