Latest update March 19th, 2024 12:59 AM
Feb 23, 2020 News
Failure of a police inspector to honour a judgment of the Court has resulted in the issuance of a warrant for his arrest.
The warrant was issued on February 14, last, for the arrest of Police Inspector Ganeshan John over his failure to pay contractor Kissoondatt Premsukh a sum of $1,296,180 for building works executed to his home.
The dispute dates back to 2017.
According to court documents seen by this newspaper, the row developed after a business deal between the police inspector and the contractor fell through.
The documents showed Premsukh of KP Construction firm, Lusignan, East Coast Demerara, was hired by Inspector John to build a house at Samatta Point, Golden Grove, East Bank Demerara.
The construction of the building cost an overall $7,547,000 and the bulk of the financing came from mortgage lender, New Building Society.
Afterwards the house was completed; the officer hired the builder to further construct a chain link fence, a master bedroom and a trestle.
In an action filed before High Court, Premsukh alleged that he developed problems with the inspector after the man refused to pay him for the additional work.
The action resulted in a trial and a subsequent judgment order issued by Justice Diana Insanally for Inspector John to pay the outstanding sum of $1,296,180, last December.
However a failure by John to adhere to the order resulted in Premsukh moving to the Court again. This time, he asked for an enforcement of the judgment order issued by Justice Insanally.
On February14, last, Justice Franklyn Holder issued a warrant for the arrest of Officer John, who is said to be an Inspector at a ‘C’ Division Police Station. John has not yet been apprehended.
When contacted Divisional Commander, Royston Andries – Junor told Kaieteur News that he is not aware of the arrest warrant but promised to look into the matter.
During a trial last year, Premsukh gave a breakdown of the sum expended. The contractor claimed that he agreed to build a chain link fence which cost over $500, 000, a master bedroom worth approximately $300,000 and a trestle for a water tank worth over $428,000 for the plaintiff (John).
He claimed that at the encouragement of Inspector John, he expended on the materials and manpower to get the work done.
The contractor said that he had provided invoices for the work to the policeman who had agreed to pay him at a later date. However that never materialized.
Numerous attempts by Premsukh to collect monies owed proved futile.
Premsukh told the court that the policeman currently enjoys the benefits of the completed house while there is no hope of the recovery of the monies he expended.
He noted that there might be recovery of the value of the said work by dismantling the permanent structure.
“[But] even if that course is taken many of the items will lose its economic value,” the plaintiff said.
As such, he noted that a Court order directing the policeman to pay him is only means of relief. Despite the contentions raised by Premsukh, Inspector John claimed that the contractor did substandard work.
John accused the contractor of deviating from the building which was approved by the Neighbourhood Democratic Council.
He claimed that inter alia, that the contractor deviated by building a smaller house than that which was outlined in the plan, using substandard material to do the work.
The trial Judge nonetheless agreed with Premsukh’s contention that the monies should be paid and granted judgment in his favour.
She cited the fact that the contractor remained resolute that the mortgage financing did not cover the additional construction expenses—it was therefore taken out of his own pocket.
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