FORMER Works Minister Sadiq Baksh could become a key State witness in the fraud cases against millionaire United National Congress (UNC) financiers Ishwar Galbaransingh and Steve Ferguson that are before a United States Grand Jury.

Galbaransingh and Ferguson were indicted by a US grand jury to face fraud charges arising out of the contentious Piarco Airport Development Project. On November 17, in the Southern District of Florida, a United States Grand Jury returned an 18-count indictment charging Ferguson, Galbaransingh, Northern Construction Limited and Calmaquip Engineering Corporation along with Raul J. Gutierrez, Rene Diaz de Villegas, Eduardo Hillman-Waller, Armando Paz, Richard Lacle and Leonardo Mora Rodriguez.

Several of these officials and Northern Construction are already before the courts of Trinidad and Tobago on criminal charges arising out of the same Piarco Airport project.

Baksh is also before the local court on two charges associated with Northern Construction allegedly paying a UNC loan to an advertising company for work done in the 2001 election.

Baksh, who was Party Organiser of the UNC during the 2001 election campaign, has maintained that he “never participated in any such activities” and said he “cannot understand how he could be charged as though he was the UNC”.

He, however, told TnT Mirror that if he were requested by the US authorities to make himself available to appear as a witness, he would simply have to oblige.

Baksh had refused to appear before the 2002 Commission of Inquiry into the Piarco Airport construction presided by former Chief Justice Clinton Bernard. He said then that he needed an explanation as to why he was made a subject of the inquiry. None was provided to him.

As the Works Minister at the time under whose portfolio the Piarco Airport construction fell, Baksh’s testimony could be crucial in the US trial of Galbaransingh and Ferguson, as well as other prominent figures formerly associated with the UNC who are also likely to be implicated.

At a Press conference at his Cabildo Chambers Office on Wednesday, Attorney General John Jeremie intimated that requests submitted through the Office of the Attorney General by the US authorities shall be dealt with in accordance with the Mutual Legal Assistance Act of 1997. Ironically, former Attorney General Ramesh Lawrence Maharaj, who had a major disagreement with then Prime Minister Basdeo Panday over the allegations of corruption involving the Piarco Airport construction, piloted this Act, which became law during the term in office of the UNC.

The fallout between Maharaj and Panday led to the eventual unseating of the UNC following a tense 18-18 deadlock after the 2001 general election, held a mere year after the UNC had won a second term in office at the 2000 general election.

President Arthur N.R. Robinson had appointed PNM Leader Patrick Manning as prime minister, a position which he consolidated in 2002 at yet another general election, the third in less than two years.

Attorney General Jeremie said the US Government intends to seek the forfeiture of US$15 million (TT$94.5 million) in the criminal proceedings.

He added that the actions taken were independent of civil cases filed by him in the US against multiple defendants which is aimed at recovering US$105 million (TT$661.5 million) in compensatory damages for the funds misappropriated from the State.

The grand jury indictment alleges that “the accused persons did knowingly, combine, conspire, confederate and agree with each other, and with others known and unknown to the grand jury, to commit a host of offences including wire fraud, transportation of stolen funds, money laundering and conspiracy to launder money”.

The indictment alleges that: “The purpose of the conspiracy was to defraud the government of Trinidad and Tobago by manipulating the bid process for certain Piarco International Airport Construction packages so that the defendants and their related companies would unjustly enrich themselves through the receipt of proceeds from excessively inflated contracts.”

The charges stemmed from an investigation by the US Bureau of Immigration and Customs Enforcement (ICE) of the Department of Homeland Security, into bid rigging and bank fraud committed by those indicted, contrary to US law.

At Wednesday’s Press conference, AG Jeremie said: “The indictments handed down by the US criminal justice system disclose that criminal activity of a serious nature connected with the Piarco Airport Development Project was, in fact, a transnational crime involving at its core, the exploitation of the people of Trinidad and Tobago.

“The indictment alleges multi-million fund transfers from Trinidad and Tobago to banks and financial institutions around the world through a series of dummy companies.”

Some of the territories include the Bahamas, Panama, Liechtenstein and the US. Jeremie said: The indictments send a clear message that it is no longer possible to avoid prosecution by spiriting funds or people from one jurisdiction to another.

“Whether it is terrorism, drug-trafficking, money-laundering or any serious crime, criminal activity shall be punished.

“No one is immune.”