National Fuels and Lubricants (NFL) has filed a claim in the Supreme Court of Jamaica against NCB Jamaica for damages for breach of contract, breach of fiduciary duties, gross negligence, breach of trust, wilful misconduct, conspiracy to defraud, among other claims surrounding the sale of several gas stations to Total Jamaica.

It must be stressed here that Our Today is reporting on this claim, which has been filed and does so with no malicious intent.

It is further necessary to bring to readers’ attention that commercial attorney PJ Asher was acquitted of criminal charges in October 2023 regarding the sale of National Fuels and Lubricants’ gas stations to Total Jamaica. Justice Leighton Pusey ruled there was no case to answer, and it was thrown out by the Home Circuit Court.

None of the principals and staff at Our Today bear animus toward any of the parties mentioned or associated with this dispute, whether it be in the civil or criminal courts. Our Today deems it newsworthy and is relaying what was written in court documents available to the public.  

THERE IS NO INTENT TO MALIGN ANYONE’S REPUTATION. 

It appears that the dispute centres around an escrow account set up at NCB in connection with funding for the sales of outlined assets. The defendant, National Fuels, maintains that sums were fraudulently withdrawn from the NCB account despite NCB being made aware of this.

The claim stamped in the commercial division of the Supreme Court of Jamaica on July 25 reads in part: “The Claimant sent the Defendant under the cover of letter dated the 5th day of November 2020, handwriting reports that revealed that Mr Ian Phillipson’s signatures on all the withdrawals were fraudulently written by Mr Peter John Asher and the defendant failed, refused and/or neglected to take the necessary action by reporting the matter to the police.

“By letter dated the 23rd day of November 2020 from the defendant under the signature of Dave Garcia, general counsel and corporate secretary of the defendant, stated, among other things, it does not appear to us that this is a matter in which NCB would be involved.”

“That there are four forensic reports, which all found Mr Ian Phillipson’s signatures to be fraudulent, and the author of such fraudulent signatures was Mr Peter John Asher.

This is a serious accusation, and the Supreme Court will evaluate and go through all evidence and statements before arriving at a determination.

The claim contends “that the said escrow agreement required the signatures of the attorneys-at-law for both the claimant and Total Jamaica Limited to effect any transfer of monies from the said escrow account. Luc Maiche, general manager of Total Jamaica Limited, was never, at any time, authorised to sign on this account.

“That the defendant acted in contravention or in breach of Clause 4 (a) of the instant escrow agreement.

“That the defendant further acted in contravention or breach of the instant agreement when they allowed attorney Peter Asher and/or Luc Maiche to withdraw huge sums of monies from the escrow account, knowing such persons were never parties or signatories to the said agreement.”

The claimant makes it known that information was provided to the Defendant that something untoward had transpired, but that these concerns were blithely ignored. 

In this regard, the claim reads: “That by the information provided by the defendant, the following was revealed:

1. That the escrow account was opened on the 22nd day of January 2004, was opened under the fraudulent signature of Mr Ian Phillipson and Mr Peter Asher, witnessed by Patrick Hylton and Grace McKoy on behalf of the defendant.

2. That on the 18th day of February 2004, a withdrawal of J$22,050,275.00 under the fraudulent signature of Mr Ian Phillipson, with payment of J$525,000 made payable to Mr Peter John Asher, approved by Ms Grace McKoy, overriding concerns in writing by Mrs Elaine Riette, the manager of the escrow account and private banking of the defendant.”

“On the 31st day of March 2004, the defendant paid US$3,638,918.44 to a Citibank account under the fraudulent signature of Mr Ian Phillipson.

“That Mr Luc Maiche and Mr Peter John Asher were allowed by the defendant to independently, without authorisation, transfer monies from the escrow account to other investments.

“That the defendant disobeyed the Bank of Jamaica’s instructions and continued to withhold relevant transactions on the account.

“That by court order obtained by FID, the defendant, by letter dated 4th day of March 2022, revealed to FID other important fraudulent transactions.

The claimant says that a total of US$2.5 million was removed from the escrow account. Furthermore, the claimant goes on to provide evidence that the FID is aware that a fax purportedly sent by Ian Phillipson had a signature that did not match his.

The claim lays out: “Furthermore, a facsimile dated April 5, 2004, was sent to Mrs Elaine Reitte with instructions to transfer the US$500,000.00 to Citibank Jamaica account number 5021835007 in the name of Ian Phillipson & Company. Notably, this fax was purportedly sent by Ian Phillipson; however, a comparison of this signature does not match the signature of Ian Phillipson, which appeared on the letter dated April 5, 2004, to Elaine Riettie by Ian Phillipson, et al. See extracts of signatures from the relevant documents.”