MovieTowne tit-for-tat continues

MovieTowne, Port of Spain. - File photo by Roger Jacob

THE tit-for-tat between the Port of Spain Infrastructure Company (POSINCO) and Trinbago Commercial Development Company Ltd (TCDC) over MovieTowne, Invaders Bay, continues, with the latter accusing its landlord of “bullying, provocation and violating a court order.”

In a press release on September 9, TCDC (the leaseholder) said it “strongly condemns the ongoing actions of POSINCO and its agents.”

It accused POSINCO, the Port Authority’s real-estate manager, of “untruthful allegations” about an incident on September 6, involving port police and security officers of Telecom Security Services, which is employed by the TCDC.

In a statement on September 7, POSINCO denied its officers intimidated anyone.

POSINCO officers claimed they were “met with hostility” while “executing our duties” at MovieTowne. It alleged Telecom Security Services officers blocked the door and threatened officers with guns.

In its release, POSINCO maintained it always observed the terms of the court order and did not engage in intimidation tactics, so there was no reason for its representatives to do so.

“POSINCO security has been directed to maintain minimal contact with TCDC personnel while maintaining its right to possession. Since re-entry on August 23, 2024, POSINCO’s security officers have been stationed at the premises. This is in keeping with our position as the landlord and is fully within the terms of the re-entry procedure.

“Our officers are not deployed to engage in any form of confrontation and have been explicitly instructed to limit interaction with MovieTowne staff,” the POSINCO release said.

The statement added that “regarding the unfortunate incident that took place on September 6,” POSINCO was not the instigator.

It said its personnel were merely doing their duty under the court order, and it was regretful that others had had been instructed to act in a “threatening manner” towards POSINCO officers.

It also said on August 23, it executed its right of re-entry to take possession the premises over outstanding rent owed by TCDC.

However, TCDC, in its release on September 9, insisted POSINCO has continuously disregarded the High Court orders directing it from interfering or disrupting the operations of the TCDC and its tenants.

POSINCO, it said, "has attempted to impose restrictions, bully and physically obstruct the operations of TCDC and TCDC employees from executing their daily responsibilities.

“This action is in direct contravention of the order…Acts of intimidation include attempts to prevent access and/or timely access to files and documents, offices and restroom. It also includes the monitoring and limitation of the movements of employees, intimidating language, threats and abusive shouting at female and other staff.”

The TCDC said on September 6, its administrative team asked for a door to be closed because of the central air condition system. The request was refused.

It also said none of its security officers was armed, nor were there any threats of violence against any member of POSINCO’s security.

The release also said its officers tried to de-escalate the situation.

“It was the chairman of the TCDC, through his office, who contacted the police, who responded swiftly to assist in calming tensions.”

The release thanked the police for their “calm and measured” response, while condemning POSINCO for “mischaraterisng” the events in correspondence to the National Security Ministry.

It said "regrettably," POSINCO had "continued to demonstrate an aggressive and combative approach," but the TCDC "remains committed to the constructive resolution of the issues and the safety and protection of our employees, tenants and all our stakeholders.”

The release called on its landlord to “reciprocate professionally and respectfully.”

Friday’s incident was captured on video.

On August 23, bailiffs took control of MovieTowne’s office and banquet hall after POSINCO claimed the TCDC owed $10,904,121.23 in rent, which had accumulated since May 2021.

On August 24, Justice Eleanor Donaldson-Honeywell issued an injunction preventing POSINCO from communicating with MovieTowne’s tenants.

The TCDC’s claim contends $5.3 million was unlawfully or mistakenly paid under duress/threats/compulsion and is asking the court to declare this, as well as to order POSINCO to repay the sum as restitution.

In the matter before the court, TCDC’s director Hayden John Gadsby said the $10,904,121.23 quoted by POSINCO as rent owed was invalid and is much less than the PATT contends.

The MovieTowne multiplex, entertainment and commercial centre at Invaders Bay, Port of Spain, sits on land leased to TCDC by POSINCO. TCDC is a wholly-owned subsidiary of MovieTowne Holdings, the owner of the facility.

Derek Chin is the chairman of the board of MovieTowne Holdings.

No date has been set for the substantive hearing of the matter, but in keeping with the previous court order, TCDC has to file and serve its case by September 13, after which Justice Nadia Kangaloo, the docketed judge, will fix a date for a hearing of the matter.