Sep 08, 2012 News
Walter Willis, Technical Advisor to Public Works Minister, yesterday submitted his defence prepared by Rex MC Kay Snr. Counsel to the High Court against actions initiated by Managing Director, Brian Tiwarie of BK International Inc.
Willis contends that Tiwarie is not entitled to any damages whether general, aggravated or exemplary.
Mid last month the contractor moved to Court against Willis seeking damages in excess of $200M for a letter written by Willis, which accused Tiwarie of fraudulent practices.
In his letter which was sent to Minister Ganga Persaud, Minister Norman Whittaker, Permanent Secretary Collin Croal, Ms Karen Ehret and Marcello Basani, Willis had accused Tiwarie of producing fraudulent results of Surface Water Samples.
While Willis has admitted in his defence to the court that he circulated the letter to the above mentioned persons, he denied that the letter was intended to portray the plaintiff as a “fraudster and corrupt person and is an unfit person to whom Government contracts should be awarded.”
The Government Engineer said the letter was sent in his capacity as the Project Manager of the Project Execution Unit- Georgetown Solid Waste Management in pursuance of a legal, social and moral duty in the protection of a legitimate interest to persons with a like duty or interest to receive it.
In November 2009, BK International Inc and Puran Brothers Disposal Service in a joint venture, entered into a contract with the Ministry of Local Government and Regional Development to design, execute and operate the works known as the construction and operation services of Haags Bosch Sanitary Landfill.
Under the contract BK International has an obligation to monitor the environment and submit reports to the Unit in a timely manner. These include results of analyses of all data collected on leachate, groundwater, surface water and landfill gas.
As Project Manager, Willis stated that he has a duty to report the progress of the work of the contractor to ensure compliance with the terms and conditions of the contract and to report to the persons named in his letter of July 18, 2012 who have a like duty to receive same.
Willis is contending that under Clause 10.1 Volume 11, the contract provides that “the contractor shall comply with the Operation Management Requirements as provided for in the contract and any revisions thereof which are agreed during the contract period.”
“The contractor failed to observe the ground water leachate monitoring daily, monthly, quarterly and annually. The last time the contractor submitted an IAST (Institute of Applied Science and Technology) report was in April 2011.”
Tiwarie claims that he had obtained those results lawfully from the Institute of Applied Science and Technology.
According to Tiwarie, the letter by Willis was maliciously and irresponsibly written by the defendant, and is calculated and designed to brand Tiwarie as a fraudster and a person whom the Government of Guyana and other agencies should have no dealings with.
Tiwarie is contending that the said letter conveys the meaning that he carries on his business in a deceitful, crooked, corrupt, dishonest, illegal, improper manner and is calculated to reflect on his business reputation.
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