(Trinidad Guardian) The Caribbean Airlines board will not resign. Tired of being punched by its line Minister Jack Warner, CAL’s board sought to defend its actions in a three-page statement issued yesterday. While the board sought to present “the facts as they are,” it noted that it was “entirely inappropriate” to engage in a public debate with its line minister, but “its relative silence on the issues being ventilated in the media is creating an impression that it has something to hide or that it has acted inappropriately.” The public rift between the board and Warner began on November 26, after the dismissal of CAL’s former chief executive Captain Ian Brunton. Warner said he was not consulted on this collective board decision.
The three-week stalemate resulted in Warner, last Friday, calling for the George Nicholas chaired-board to do the “ethical” thing and resign. The board, in turn, expressed dismay at reports that it had not been in contact with Warner.
The board said it had written to Warner three times: on November 12, 16 and 22, seeking clarification on instructions from Warner on the ATR purchase, time to review the ATR transaction and permission to seek the advice of a global aviation expert as well as permission to engage a firm to assist in recruitment of a chief executive for the airline, respectively. To date, the board says it has not received a response from Warner to any of these pieces of correspondence.
“The board maintains that it sent the minutes of all its meetings to the line minister and to the Investment Division of the Ministry of Finance through their permanent secretaries in accordance with protocol on November 30, 2010,” the release said.
“Delivery of the minutes was confirmed. It is regrettable that it was not brought to the attention of the minister until December 10, It is noteworthy that it is the first time in the history of the 2010. airline that the airline is reporting to its line minister.” In presenting its defence, the CAL board said it has not sought to terminate the Cabinet-approved arrangement between CAL and France’s Avions de Transport Regional (ATR). The board said it sought to review the US$200 million transaction and to satisfy itself that it was the best option in keeping with the operational requirements of the airline. “This it did in correspondence to its line minister on November 22, 2010,” it said.
“Sadly, it appears that its attempts at good governance have been misconstrued. Instead, the board has been accused of flouting the decision of Cabinet and the line minister. “The board did not and does not share the view that asking for time to review and consider a decision made prior to its appointment, which could have a profound impact on the airline during its tenure, or asking for the permission of its line minister to seek the advice of a global expert on the matter was improper. “The previous board did not in fact give a final approval for the purchase of the ATRs or the number and price of the aircraft.”
The board presented it’s timeline of the events:
• November 24—The board was summoned to a meeting by its line minister. “In the presence the management team and third parties was told in no uncertain terms that its concerns were of no consequence when compared to the collective experience of the management team, in spite of its questions regarding safety and fitness for the mission of the airline. Captain Brunton was instructed to execute the agreement with ATR.”
Captain Brunton’s employment was terminated on November 26, 2010, • following a unanimous decision of the board of Caribbean Airlines on November 25, 2010.
• On November 28, 2010, the board received correspondence by e-mail from attorneys for Captain Brunton, allowing only two days for a response.
“The board by consent, appointed Andrew Mitchell, QC, and Om Lalla to provide advice to the board, consequent upon which a response was prepared and sent to Captain Brunton’s counsel on December 1, 2010. “In addition, another letter was sent to Captain Brunton’s counsel as well as the Chief of Police on December 2, and December 3, 2010, respectively, concerning company property which Captain Brunton removed from the premises of the airline, including documents of a commercial sensitive and confidential nature, without the consent of the airline and which he has not returned to date. The company has been advised that such property has been lodged with his counsel.” But given the fact that this remained a very live issue, the board said it would not discuss this matter publicly any further, but emphasised its earlier statements that Captain Brunton’s contract was properly terminated in accordance with its terms.
“In the normal course of the airline’s business, there may be demonstrations of interest in acquiring aircraft by way of lease or purchase, particularly given the acquisition of the Jamaican routes and the need for aircraft to service those routes,” the board said. “However, without the requisite due diligence the airline has not, nor will it embark on any such acquisition and even then it will not proceed without the approval of the board, in consultation with the line minister and without the approval of its shareholder through Cabinet.
“Any suggestion that this board has acted in a contrary manner cannot be substantiated.”
