Businessman highlights fuel smuggling activity in court matter

Jun 26, 2016 News

Buisnessman Augustine Jackson is engaged in a legal battle with Potaro Fuel Supplies’ Pradeep Abdool and former chairman of the Guyana Sugar Corporation, (GUYSUCO) Vickram Oditt.

Vic Oditt; a Former Chairman of GUYSUCO

Abdool and Odditt had filed a writ of summons against Jackson seeking an injunction to stop the departure of his vessel, MT Melissa J, on the grounds that Jackson owes them money.
The writ filed on the May 23, last, against Augustine Jackson, June Elvin of AJ Marine Inc. claiming among that other things $17.5M and $347,000 were monies advanced to the businessman for the purchase, transportation, repairs and crew expenses for the Vessel MT POLLUX or known and registered as MT MELISSA J.
The interim injunction was subsequently granted but Jackson of Lot 217 BB Eccles Housing Scheme, East Bank Demerara responded to the claims on the grounds that the agreement he entered with Abdool and Oditt had been riddled with illegalities.
“I realized that the Applicants/Plaintiffs from the inception have been and were inducing me into an arrangement to smuggle fuel across international borders into Guyana, a serious criminal enterprise, of which I was not prepared to be a part.”
“I am aware that not only could I be jailed if found guilty for any of the criminal offences which I am likely to commit  if I participate in the said enterprise but that the said vessel will also be liable to be seized thereof.”
The businessman said that he believes that the concealment of these material facts form the basis upon which the Court was misled into making the Orders granted; indeed, were the true facts disclosed to this Court, it is highly unlikely that the said injunctions would have been granted.”
In an affidavit to support his claim the businessman said that Abdool contacted him while overseas and informed him that he would like to enter into business arrangements which would involve the use of the motor vessels.
According to court documents seen by this newspaper, the business outlined that the transaction involved  the M.T. Pollux also known as M.T. Melissa J, a fuel tanker measuring 87 metres in length and 12.52 metres in width, with a capacity to accommodate as cargo 1,200,000 United States gallons, which was at the time docked in Cuba; and  M.V. Sno Pac, a fuel tanker measuring 60 metres in length and 14 metres in width, with a capacity to accommodate as cargo 500,000 United States gallons, which was at the time docked in Miami, United States of America; to transport and trade in fuel and fuel products from destinations in the Caribbean and South America to Guyana.
During the telephone conversation, Jackson said that Abdool informed that himself and Oditt had already set up and were operating a business called Potaro Fuel Supplies and that they had obtained all requisite permissions and licenses required by law to engage in such activities, hence he accepted the offer.
However, the businessman said that he informed his new partners that the said vessels were docked in Cuba and Miami respectively and that he required approximately US$300,000 to service the vessels, hire crew, purchase fuel and ration, pay for insurance and dock fees, in order to sail the vessels from Cuba and Miami to Guyana.
Jackson said that the men at different occasions under the names Potaro Fuel Supplies wired the sums of US$347,700.   The parties later signed agreements for the purpose of trading in fuel products within Guyana, the Caribbean and other countries.”
The deal was expected to be continued for 10 years and all partners were supposed to share equally in the net profits of the Partnership business.”
However, Jackson is contending that he realised that that there was some illegality to the transaction.
Through his attorneys Anil Nandlall,  Manoj Narayan,  Sasha S. Mahadeo-Narayan and .Rajendra R. Jaigobin , he is contending that the entire transaction, “including the Promissory Notes, the Partnership Agreement and the business arrangement which I had entered into are all tainted by and contaminated with serious criminal illegality.”
“Indeed, I now realize that the Partnership Agreement was never disclosed to this Honourable Court because it states that its primary purpose is trading in fuel products within Guyana, the Caribbean and other countries and were it disclosed the Applicants/Plaintiffs would have been obliged to produce to this Court their requisite licences.
“Additionally, the Applicants/Plaintiffs, in their attempt to mislead and withhold information from this Honourable Court, they scrupulously, deliberately and cunningly avoided any mention whatsoever of the nature of the business which they paid these huge sums of money to me for and upon which we were going to embark.”
Jackson noted that although the singular purpose of the business was to trade in fuel, the word “fuel” is not mentioned at all in their entire application. Eleven crew members who are now stranded in Guyana as a result of the injunctions; six of these persons are citizens of Venezuela.
“They have been unable to earn for the last two (2) months,” Jackson stated.
He said that as a result of the legal issues US$85,000 in expenses, wear and tear, dock fees and the crews’ salary has been lost.
Additionally, Jackson stated that the vessel has the potential to earn approximately US$350,000 per month.
“If these injunctions are not discharged quickly, we will suffer financial ruination. There is no legal basis for the Applicants/Plaintiffs to restrain the said vessel; they have no lien or encumbrances of any kind against the said vessel.
They claim that I am indebted to them and I am prepared to remain in Guyana and defend the said claims,” he added.