Latest update April 19th, 2024 12:59 AM
Feb 02, 2012 News
…guns drawn on High Court Marshall
The Guyana Government and the Guyana Police Force seem determined not to let
Makeshwar ‘Fip’ Motilall lay hands on the equipment seized from him last month which he was using to undertake works on the controversial access road to Amaila Falls.
This publication understands that on Monday last, a Marshall was sent in by the court to serve the Conservatory Order issued by Chief Justice (ag), Ian Chang, but to no avail.
This follows a move by Motilall to remove his equipment from the interior location following the granting of the Court Order but was prevented at gunpoint by the police ranks guarding the equipment.
According to a source close to the imbroglio, one of the reasons that the Marshall was sent in was to ensure that the police ranks on site understand that the order was from the High Court and that they were in contempt of the court.
The team that travelled with Motilall, inclusive of the Marshall, comprised also of the camp manager and two driver/operators of Synergy Holdings.
This publication understands that when the police rank (name and badge number provided) was served with the order by the Marshall, he reportedly responded by saying that the matter was already discussed and his orders from his superiors are not to let anything move.
Motilall was reportedly informed by the Marshall that the order was in his favour but when he attempted to remove the equipment, the police rank allegedly loaded a bullet in the breech of his weapon and informed the team that he is prepared to shoot if necessary, “but that machine is going nowhere.”
Attempts were made also to remove equipment from some of the other sites but to no avail.
The ranks on the scene have reportedly acknowledged that they have read the Court Order and are aware that it has also been served on the Commissioner of Police but they have been instructed not to let anybody move any equipment.
The former Synergy Holdings Inc camps are to date still being guarded by armed police ranks who continue to stand their ground and not release the equipment to Motilall.
During a recent court hearing on the matter, Attorney-at-law Miles Fitzpatrick who appeared before Chang on behalf of Motilall, had informed the court on the previous ‘transgression’ on the part of the police by failing to allow Motilall access to the equipment.
Motilall’s attorney at the time lamented the absence of the Attorney General saying that they would have preferred for him to be there in person to explain what had transpired.
Motilall had previously travelled to the location where the equipment was being stored and had attempted to remove them but the keys for the vehicle were taken away from the Synergy Team which included drivers.
Government on January 12th, through Public Works Minister, Robeson Benn, announced the cancellation of the US$15.4M road contract it signed with Synergy Holdings Inc, headed by Motilall.
One of the many reasons given for the project cancellation was Motilall’s failure to secure a performance bond, something that Minister Benn described as a fatal flaw.
Meanwhile, as it relates to the performance bond, this publication understands that the pronouncements by the administration in the person of Winston Brassington- head of the Privatization Unit, the court rulings and other related events are compounding the situation, and may have placed Government’s claim to the bond in further jeopardy.
Only recently, a source knowledgeable in insurance workings explained that the payment is not automatic.
Motilall’s performance bond expired ever since July 2011 but there was a stipulation that had allowed for claims to be made for six months and government did make an 11th hour bid claim on the bond.
That bond was negotiated and brought into force when the contract with Motilall was signed in January 2010, with duration of eight months. This means that for the latter half of last year, Synergy Holdings Inc. was operating on an expired bond.
Motilall, following the announcement of the termination of the contract with Government, had claimed that he was owed in excess of US$1M.
The award of the contract to Motilall had come under heavy fire with no immediate evidence that he had previous experience in similar projects.
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