Loading ...Justice Brian Cottle told interested parties in the Keith Mondesir-Tuxedo Villas case that he would need “a couple of weeks” before he delivers his judgment.
Mondesir, the island’s health minister and owner of Tuxedo Villas, is accused of illegally obtaining duty-free concessions to refurbish his private home in Bonne Terre. The case was brought forward by Opposition Leader, Dr Kenny Anthony, who was also a witness during the trial. Dr Anthony claimed that Mondesir had breached of the Tourism Incentive Act.
Opposition Leader Kenny Anthony (L) with his lawyer Anthony Astaphan (center) and one of Keith Mondesir’s lawyers Alberton Richelieu. The Tuxedo Villas case was heard on Thursday and Friday this week.
He explained that on June 26, 2008 by Cabinet Conclusion No.574 (c), the Cabinet of ministers decided to alter their previous decision of July 5, 2007, by making the three bedroom, three bathroom private residence of the minister, part of the Tuxedo Villas, to qualify it for concessions.
Anthony had also accused the ministers of condoning Mondesir’s illegal actions. This was reiterated by his lead Attorney Anthony Astaphan, who was assisted by attorneys Leslie Mondesir and Rene St Rose, during the Thursday and Friday hearing.
“I respectfully ask Your Lordship, to find as a matter of fact, that not only was Bonne Terre never a part of Tuxedo Villas, but the ministers knew,” he said. Astaphan stated that there is nothing before the court to prove that Tuxedo was ever a part of Bonne Terre.
“Dr Anthony said he checked the (Tuxedo Villas) website, no reference to Bonne Terre, he checked the brochures, no reference to Bonne Terre . . . there is not a single document placed before this court emanating from Tuxedo Villas or the Ministry of Tourism to indicate that Bonne Terre was part of Tuxedo Villas,” Astaphan said.
He indicated that an amendment was made to the first Cabinet Conclusion based on a note from the Minister of Tourism. Chastanet made his decision, Astaphan said, based on discussions with Mondesir and only on water and light bills from 2001.
“That cannot be right, that cannot be right . . . not in face of a threatened legal action, by the Comptroller of Customs, [it] cannot be right, no rate sheets, no financial statements, no brochures, no documents, nothing,” Astaphan said forcefully.
Astaphan also submitted that not one of the items Mondesir ordered was offloaded at the Tuxedo Villas at Rodney Bay but the Minister of Tourism submitted Mondesir’s documents to Cabinet for approval.
During his cross-examination of Dr Mondesir, on Thursday Astaphan suggested to him that he was present throughout at the meeting of the Cabinet in June 2008, (as the minutes of the meeting indicated). The lawyer said that Guy Joseph told the absolute truth when he said on Rick Wayne’s talk-show that “you were present” and as a result persuaded them that Bonne Terre was part of Tuxedo Villas.
Mondesir said that he had never heard or seen any such show and Guy Joseph denied it when he spoke with him on the matter.
Astaphan also suggested to him that he took improper advantage of “that” Cabinet Conclusion by diverting the goods to Bonne Terre. Mondesir denied that too.
The Attorney General, who had indicated that investigations would be carried out into the matter and was expected to be one of the witnesses for the defense, did not show up. Astaphan said it was a “travesty of justice” for the A-G to avoid scrutiny by the court and described the action as “a slap in the court’s face.”
Kenneth Monplaisir, QC, who appeared on behalf of Mondesir, along with Alberton Richelieu, termed the Tuxedo Villas issue as “administrative blunders.”
“That application was very clear, albeit from Mr Chastanet’s evidence, the memo did not include what the application had,” Monplasir said.
“But that’s not Mr Mondesir’s fault. In life mistakes are made,” he added. Monplasir stated that it is significant that a whole year passed before Customs conducted investigations. However, the judge interjected, stating that it is not correct to say so.
Monplaisir referred to former Tourism Minister Philip J Pierre who stated that he had never seen any name “Bonne Terre” as part of Tuxedo Villas.
“But just because someone does not believe something exists, does not mean it doesn’t exist,” Monplaisir said. He stated that there was no intention by the ministers of Cabinet to cover up any irregularities by Mondesir.
“He made his application clear from the word go,” Mondesir said.
“We must assume my Lord that Cabinet has done its business properly.”
He also stated that there was nothing wrong with Cabinet making a correction after it had been discovered that a mistake had been made.
He indicated that the Comptroller of Customs had wanted confirmation from the Minister of Tourism that Bonne Terre was a part of Tuxedo Villas.
“Moreover it is Mondesir who went to the Comptroller of Customs. It is important in assessing the credibility of the witness. He was concerned about the rumours,” he said.
Monplaisir added: “We have to examine to see whether there was any misconduct or whether he acted ultra vires by making his submission and submitting it to Cabinet for amendment.”
Speaking to reporters outside the court, Mondesir said his prosecution is politically motivated.
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my Concern in this whole mess is the role of the Attorney general and the refusal of his office to represent the state. The customs department is a government instituition. The attorney general should be fired. They are not serving the interest of the nation. Why were they not present. Why do all of the so called investigative journalists fail to explore the role of the attorney generals office in these embarrassing state of affairs. Who’s interest are they really serving the state or the cabinet?
Well, du-uh! Hasn’t anybody noticed that Mr. Mondesir seems to have been including his home water and light bills as business expenses since 2001?
Oh, and I forgot to mention that Mr. Mondesir is not the only one to use concessions to furnish their private abode. How many small hotel owners live in apartments in their own hotel building? I would like to know if Mr. Mondesir has been singled out or if Customs has done widespread investigation of this phenomenon.
If I remember correctly, there were rumours about hotel furnishings finding themselves in private residences during the Kenny Anthony administration, too. Am I the only one paying full price for my furnishings in St. Lucia?
D E FOXTROX, if you have nothing to say, please say nothing, We do not want to hear your RUMOURS.
kenny and tony should really not be judging…what about the guard premises built with tax payers $$$$? They are ALL crooks
DE FOXTROX WE will know when the DPP and the Attorney general Open their mouths and explain to the public. What are u saying because others have done it does it make it right? Man if its against the law it is against the law. We tend to see right and wrong depending whether it is red or yellow too much. Both sides are guilty of this BS. It needs to sop in the interest of the country. Let the court decide. All i want for the Dpp and the attorney general to do is step up to the plate and explain to us. Remaining quiet is not an option. If they feel the comptroller of customs was wrong open thir mouths and say so and explain why. Refusing to represent the comptroller is BS. The state will be held liable regardless if he mess up. So we are really fooling ourselves if we think this will adversely affect Terrence Leonard the man. It will be the ST. Lucian taxpayer who will bear any burden of litigation against the comtroller. It’s time we open our eyes and learn. When and IF both ministers file a civil suit against the comptroller i want Stlucians to tell me from whose pocke the money will come from? PM king?, Attorney general Nicholas ?Federick?, The DPP?, Terreance Leornard? The answer is none of the above. And foxtrox there is a difference between living in an apartment of the hotel property and living in a residence which is not part of the hotel property. We must stop trying and defend things which are indefensible with silly comparisons
Foxtrot, why don’t you listen to Info and get a life? You mean you don’t get the point that’s being made? MONDESIR is supposed to be an HONOURABLE Minister of Government, who took an OATH in Parliament, at the hands of the Governor General, to serve the country with honour, decency, humility and integrity. Get a LIFE foxtrot, or SHUT UP!!!!!!!! TOOOF MAN.!!!!!!!!!
When Mr mondesir finds himself in trouble, like he usually does his excuse is always, “this case against me is politically motivated”. Mr Mondesir knows that this case will not go in his favor, and trust me it won’t. he is as guilty as sin. The only thing he has in his defense is light bills, which shows that someone lived in his Bonne Terre home as a guest, I don’t think that is sufficient evidence. He should have the book thrown against him!
He was wrong, he knows it! besides why didnt the AG show up as a defense witness? somethingis wrong here! And, yes the AG has to go! Definately!
John Mangal, I seem to have missed your comments, or, comments are not being posted here in the order in which they are submitted.
Anyway, I am NOT saying that because others have done it, that makes it right. What I am saying is that everyone who has done it should be investigated, and if they have not been investigated, was the Comptroller of Customs politically motivated? And if someone lives in the same building as their rental units, and use concessions to furnish their own apartment, then, to quote you, “Man if its against the law it is against the law.”
Furthermore, from reading The Voice, I learned that Mr. Mondesir lived in the Bonne Terre residence briefly and that he rented it exclusively to tourists, facts that seem to have been excluded from The Star’s coverage of the story. Because of this, I now am of the opinion that Mr. Mondesir was entitled to concessions on ALL his tourist properties, as I have written in the comments section on The Voice website.
HI E fOXTROT
you do not know what you are talking about, Monesir is as GUILTY as hell. are u are friend of him and trying to cover up for him or is he paying you to write this comment
Every time mondesir fine his self in trouble his favorite quot politically motivated . this man should never been in government he has no class he lies and steels and has no respect for woman he treat woman like dogs maybe Ricky u should try talking to his girlfriend and u will fine out or just investigate . The prime minister need to ask Mondesir to step down he is no role model to us young people. He should be going straight to jail for this Tuxedo villas affair.