Party’s wealth exceeds income

In a landmark legal ruling that marks the first major use of Trinidad and Tobago’s 2019 asset recovery legislation, High Court Justice Margaret Mohammed has publicly released her detailed written reasoning for granting a preliminary Unexplained Wealth Order (UWO) against the People’s National Movement (PNM) and its board of trustees. The order compels the opposition political party to disclose the full origin of funds used to redevelop its Port of Spain headquarters, Balisier House.

The release of the judgment followed a formal request from PNM’s legal team, who sought clarity on the court’s decision to greenlight the preliminary order. In her explanation, Justice Mohammed emphasized that this ruling does not pre-judge whether any criminal offense has been committed. Instead, the court’s only role at this procedural stage is to determine whether enough evidence exists to meet the statutory threshold for forcing the party to account for its assets.

The proceedings originated from an ex-parte application submitted to the court on behalf of Police Commissioner Allister Guevarro by Assistant Superintendent of Police Ramdath Phillip, who acted under formal delegated authority granted by the 2019 Civil Asset Recovery and Management and Unexplained Wealth Act. Justice Mohammed also noted that a follow-up order issued July 17 authorized substituted service of court documents after law enforcement officers were unable to serve PNM trustees personally. The court directed that all legal documents be sent via registered mail to PNM political leader Pennelope Beckles at the Office of the Opposition in Port of Spain.

Investigators anchored their case on the PNM’s own constitution, which explicitly states the party’s lawful income comes exclusively from four sources: membership dues, subscription payments, public donations, and mandatory levies imposed on the party’s elected public officials. In his sworn affidavit, Phillip calculated that levies collected from the party’s 22 Members of Parliament and 16 senators during the 2020-2025 parliamentary term generated approximately TT$532,782 in annual revenue for the party.

To support the claim of unaccounted wealth, investigators also relied on a independent forensic audit conducted by UK-based Berkeley Research Group Ltd. The audit estimated that the full redevelopment of Balisier House would cost roughly TT$118.4 million, with already completed construction works valued at approximately TT$73.27 million – a sum that far outpaces the party’s documented annual lawful income. After reviewing this evidence, Justice Mohammed concluded that there were reasonable grounds to suspect the total value of the project substantially exceeded the PNM’s confirmed lawfully obtained income, meeting all statutory requirements to grant the preliminary UWO.

Phillip’s affidavit laid out additional suspicious context around the project. It alleges that construction on the new headquarters halted immediately after the PNM lost the April 28, 2025 general election, a timeline that investigators argue supports their suspicion that corruptly linked funding dried up once the party left office.

The affidavit also raises questions around connected government contracts awarded to the construction firm that won the Balisier House bid. Woodgreen Construction Services Ltd initially secured the headquarters contract for TT$68.3 million, later renegotiating the sum down to TT$59 million. After winning the PNM headquarters contract, the firm went on to receive multiple large contracts from the state-owned Housing Development Corporation (HDC), including a TT$170 million housing project that was awarded even though another bidder submitted a lower-priced offer. Investigators further allege that an investigation into the improper contract award launched by the Office of Procurement Regulation (OPR) was stalled for the duration of the PNM’s time in office, before the contract was ultimately suspended.

ASP Phillip also notes that a large share of payments for the Balisier House project came from third-party entities including Amalgamated Security Services Ltd and Kall Co Ltd, as well as through the PNM’s off-balance sheet Tranquility Fund and unrecorded cash payments. These unconventional financing routes have added to scrutiny over the project’s funding sources. The affidavit also examines earlier renovations to the original Balisier House building, alleging the work was carried out by companies connected to former PNM government minister Foster Cummings. It references TT$15.6 million in HDC contract extensions granted to firms linked to Cummings shortly before the 2025 general election, as well as multiple payments made by the state-owned Urban Development Corporation of Trinidad and Tobago (UDeCOTT) to Cummings-connected companies between 2010 and 2022.

In justifying her decision, Justice Mohammed referenced a binding precedent set by the Privy Council in the case of Richard Taylor v Natalie Spring, which clarified that the legal standard for a preliminary UWO is reasonable suspicion – a lower evidentiary threshold than the higher standard of reasonable belief.

Under the terms of the preliminary order, PNM and its trustees are now required to file formal asset declarations and appear before the High Court to answer questions under oath about the origin of the project’s funding. After this process is complete, the court will rule on whether to grant a final Unexplained Wealth Order.

Reached for comment on the ruling, Attorney General John Jeremie welcomed the court’s decision. “This is the first step in a process that will allow for the establishment of the source of funding for this project,” Jeremie said. “I agree with the decision of the respected judge, and I support the courageous action taken by the Police Service.”

Local media outlet The Express also contacted incumbent Prime Minister Kamla Persad-Bissessar for comment, who responded via WhatsApp: “It’s a court matter so I prefer not to comment specifically about the court proceedings. However my opinions on the funding for construction of Balisier House are well known.”