Latest update April 18th, 2024 12:59 AM
Feb 03, 2012 News
“I don’t believe that there is any question that Government has an absolute right, absolute ownership…because they expended funds to procure that equipment.”
Head of the Presidential Secretariat Dr Roger Luncheon yesterday told media operatives that he is aware
of reports involving police altercations with controversial contractor Makeswhar ‘Fip’ Motilall but insists that the Government owns the seized equipment.
Dr Luncheon, addressing reporters at his weekly media conference, said that Government forked out a significant sum of cash for the purchase of the equipment and in light of the developments involving the project, the Government contends that it owns the equipment.
Dr Luncheon explained that Government had relied on the provisions in the contract with Synergy Holdings Inc, hence the seizure of the equipment.
“I don’t believe that there is any question that Government has an absolute right, absolute ownership…because they expended funds to procure that equipment.”
Dr Luncheon sought to limit what he chose to divulge as a result of the Conservatory Order issued by Chief Justice Ian Chang except to say that “Government insists that it owns the equipment.”
As it relates to Miles Fitzpatrick’s pleadings that the Police and by extension the Government have been violating the court order, Dr Luncheon said that he was not in a position to assert whether the attorney’s position is correct.
He said that at the Cabinet level, they were directed to a clause in the ruling which stipulates that Motilall cannot ‘dispose’ of the equipment during the time of the court order.
When Dr Luncheon’s attention was directed to the fact that ‘dispose’ and ‘remove’ insinuates two different meanings, he suggested that this may be subject to a legal interpretation.
Motilall, along with a High Court Marshal, on Monday last, travelled to the campsite where the seized equipment is being stored but was unable to remove them since they were prevented at gunpoint by the police from accessing the equipment.
This publication was informed that a Marshal 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 the equipment from the interior location, following the granting of the Court Order.
According to a source close to the imbroglio, one of the reasons that the Marshal 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.
This publication understands that when the police rank (name and badge number provided) was served with the order by the Marshal, he reportedly responded by saying that the matter was already discussed and his orders from his superiors are not to let anyone move the equipment.
Motilall was reportedly informed by the Marshal 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.”
The former Synergy Holdings Inc camps are, to date, still being guarded by armed police ranks who continue to stand their ground.
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.
Motilall, following the announcement of the termination of the contract with Government, had claimed that he was owed in excess of US$1M.
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