Dear Editor,
My attention has been drawn to Bharrat Jagdeo’s most recent press conference and to his usual rantings about myself and others, and in particular, about the Exxon contract. I have grown accustomed to these totally unsubstantiated statements and accusations, and understand where they are coming from. I am told by persons close to him that he has neither forgotten nor forgiven me for our last encounter in Parliament some years ago. As such, I know that I walk around with a big target on my back, and in his own words, he’s “vindictive”. It seems that no press conference can be held by him without my name being featured. Jagdeo is obviously unable to release me from his mind. That’s understandable. The haunting will continue.
However, what is more immediate, and of critical importance, is the statement that I, unknown to anyone else in the Cabinet, went off on my own, in the dark, conspired with Exxon, and committed an act of criminality in signing the agreement in June of 2016. To quote him: “Trotman…he is the biggest villain, the biggest criminal in signing the agreement.”
Thankfully, I have addressed much of this drivel in my book, and have the documents to dismiss it as ridiculous.
For now, putting aside the very slanderous aspects of the statement, from a purely legal and objective point of view, it occurred to me that Jagdeo has just delivered, wittingly or unwittingly, the pièce de résistance – the very basis on which his government can set aside, if it sincerely wishes to, the 2016 agreement that he endlessly gripes about. Every student of the law knows, and I am sure he has access to first-rate legal advice to confirm, the fundamental principle that fraud and illegality vitiate and void any contract.
All Guyanese should be happy at this latest pronouncement, or mispronouncement. In essence, it means that there is no need to “renegotiate” anything. Just inform Exxon and its partners Hess and CNOOC that because of the alleged criminality associated with the signing, there is no valid contract and call on them to come to the table to hammer out a new one. Given Jagdeo’s statement, ‘Sanctity of Contract’ cannot be applied in this instance by either Guyana or the other parties. Because of the “criminality” there was no contract from the beginning. In the circumstances adumbrated by him, it would be void ab initio. I’m not sure if Exxon and its shareholders will be pleased to hear him say that the contract was predicated by criminality, as they would obviously be considered co-conspirators and accessories, but that’s not any of our concern. Now, the genie is out of the bottle and these words will go far and wide, and can’t be recalled. The Vice President of the Cooperative Republic of Guyana has spoken on the “criminality” attending the agreement between the Government of Guyana and Exxon, Hess and CNOOC, and his words cannot be ignored. He therefore has an obligation to do something about it.
The ball is now in his court, and all Guyana awaits his action to do something about this so-called “criminality”.
Sincerely,
Raphael Trotman
