Willems Timber Trading Company Limited (WTTC) at Kaow Island remains at the centre of a legal battle between convicted drug dealer Roger Khan’s company Aurelius Inc and auto dealer Harry Rambarran, who is claiming full ownership of the timber concession and has been collecting profits from a supply deal with controversial logging company Baishanlin.
Before his incarceration, Khan through Aurelius Inc, agreed to buy the company from Rambarran for US$2.8 million Rambarran had later taken Khan to court for some US$1.1 million that he was owed on the sale. He was granted judgment for that litigation but claims that he is still to receive the sum.
Khan’s operations on Kaow Island had raised eyebrows among United States officials here, who had regarded it as a strategic drug transshipment point and money laundering business for him.
“Aurelius’ principal is Roger Khan and he is in prison. So, they took advantage of the situation,” attorney for Khan Sanjeev Datadin told Stabroek News yesterday.
Senior Counsel Rex McKay and attorney Neil Boston represent Rambarran.
Datadin, hired by Khan’s family, moved to the court and filed an injunction against Rambarran preventing him, his servants, agents or others from entering upon any of the properties, locations, offices, timber concessions or other property of Willems Timber Trading without the written consent of Aurelius.
This was until the hearing and determination of a summons held on August 29 this year.
At that hearing, Rambarran declared that he was the Chief Executive Officer of WTTC and that he has also been the sole owner of one hundred per cent of the company at all material times.
He also filed an ex parte application seeking to have Aurelius’ injunction discharged.
He contends that he believes that the overriding requirement for the grant of an injunction is that the applicant must have a cause of action in law entitling him to substantive relief but that this was not established by Aurelius.
Datadin said that Khan, through his brother Rafeek, wants the matter to be settled so that Aurelius can begin executing its rightful ownership duties. “My client wants it… I am absolutely certain he [Khan] knows what is happening and has been advising his brother,” Datadin stated but he noted that he himself has not spoken to Khan.
He said too that a Joint Venture between Willems Timber and Baishanlin, known and referenced by the Guyana Forestry Commission, is illegal as Khan has never endorsed such an agreement. “We have only heard of that agreement with Baishanlin… we never entered into any agreement with Baishanlin, that was Rambarran,” he said.
The Guyana Forestry Commission (GFC) has stated that prior to the new Forests Act of 2009, there was no requirement for companies to seek their approval before entering into joint venture arrangements as was done by Willems Timber. “Joint ventures which occurred around the same period involved WTTC (Willems Timber)/Shaheed Khan and Nagasar Sawh Limited/ Clayton Hutson,” the GFC stated. Datadin claims that all monies collected by Willems Timbers from Baishanlin and other businesses has been done by Rambarran. “He wants judgement and to rescind the contract but you can’t have both,” Datadin posited.
Sources have told Stabroek News that Rambarran wants back ownership of Willems Timber as that company receives lucrative sums from its deal with the Chinese company and that it recently received a sale proposal made by Baishanlin for more than five times the price that Aurelius agreed to pay for the company.
Others have pointed out that Khan’s family is beginning to put his assets into perspective from now in preparation for his release in July of 2019.
Rambarran has placed notice in some sections of the media declaring that he was the owner and that no one was authorised by him to conduct business on the company’s behalf. “This serves to advise the General Public that Guyana Lumber and Timber Company Ltd is the sole owner of Willems Timber and Trading Co Ltd… No individual, individuals, partnerships or company can make any claim or claims purporting to represent Willems Timber and Company Ltd,” the notice reads.
“Be advised that no other individual or company is allowed to conduct any business for or on behalf of Willems Timber and Trading Company Limited,” it adds.
Datadin said that the placement of the advertisement, declaring ownership, while the matter is still in court was wrong and that he will use the ad as evidence when the matter comes up for determination on October 15 this year.
