Court adjourns TTFA reimbursement hearing, to address demands for payment from Warner, Fenwick and Miller

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Verified creditors of the Trinidad and Tobago Football Association (TTFA), including former coaches and technical directors like Stephen Hart, Anton Corneal, Dennis Lawrence and Kendall Walkes, have to wait another three weeks to find out if their agreement with the local football body will be supporting.

Today, the Port of Spain High Court agreed to adjourn the hearing of the TTFA’s repayment proposal to its creditors – filed under the Bankruptcy and Insolvency Act – to instead deal with the pleas of disgraced former Fifa vice-president Jack Warner and the controversial British coaching duo. Terry Fenwick and salesman Peter Miller.

Pictured: Former FIFA vice-president Jack Warner.
(Copyright AFP 2015)

Warner, who is represented by attorneys Rekha Ramjit and Nera Narine, and Fenwick and Miller, who are jointly legally represented by kyiv Chesney and Chelsea Chesney, are challenging TTFA Administrator Maria Daniel’s decision to ignore their claims, on the premise that it was not properly supported by documentary evidence.

The TTFA Trustee is represented by Kerwyn Garcia and Chrishaunda Baboolal while the case is before Judge Devindra Rampersad.

Warner, who quit Fifa in 2011 amid a bribery scandal with presidential candidate Mohamed Bin Hammam, claims to be owed TT$22.7m by the TTFA, more than 400% more than the amount due to the highest recognized creditor of the local football body. , Hart.

The former TTFA special adviser’s case is believed to rely heavily on a letter of credence allegedly offered to him by the late former football chairman Raymond Tim Kee.

Pictured: Former Chaguanas West MP and former FIFA vice-president and TTFA special adviser Jack Warner (left) is escorted away by police after an extradition hearing.
(Copyright Diego Urdaneta/AFP 2015)

Ironically, Warner faces a series of racketeering charges from the US Department of Justice, which includes allegations that he enriched himself unduly at the expense of not only Fifa and the Caribbean Football Union (CFU), but also from the TTFA.

In the case of Fenwick and Miller, they insist they owe TT$4.5 million and TT$3.96 million respectively, based on contracts offered by former TTFA chairman William Wallace. The two Englishmen are said to have made the deals without the knowledge of the TTFA board.

The TTFA Constitution states that the Council “shall make decisions on all matters which do not fall within the competence of the General Assembly or are not reserved for other bodies by law or under this Constitution. ” and “appoints the coaches for the representative teams and other technical personnel”. (Article 36 a and j.)

However, the Constitution simultaneously states, in Section 39.1, that “the President legally represents TTFA”.

Pictured: Trinidad and Tobago Senior Men’s National Team Head Coach Terry Fenwick (left) and TTFA President William Wallace (centre) attend an event at the Police Commissioner’s Residence Gary Griffith in December 2019.

This meant that, arguably, Wallace’s secret contract with Fenwick and Miller was contrary to the spirit of the Constitution without necessarily being invalid.

However, according to a source, Daniel was aware of a series of emails from Fenwick and Miller that questioned the legality of their contracts.

Daniel’s judgment on all three issues will now be weighed by Judge Rampersad on September 26.

The case is essential for the immediate future of the local football body. If the TTFA is proven correct in snubbing the claims of Warner, Fenwick and Miller, the Fifa-appointed normalization committee will receive a $3 million loan from an anonymous guarantor to settle its debts at a rate agreed with its creditors verified.

TTFA creditors will then receive 60 cents on every dollar owed.

Pictured: Former Trinidad and Tobago senior men’s national team head coach Stephen Hart owes the TTFA TT$4.9 million.

However, if Warner, Fenwick and Miller prevail in court, the TTFA will be forced to lower its offer to creditors by 30 to 40 cents on the dollar. If this reduced agreement is not accepted, it could lead to the bankruptcy of the local football body.

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