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August 20 ,2021

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Attorney General Anil Nandlall yesterday initiated  legal proceedings against a Jamaican company, former Public Works Minister David Patterson and two others over $72.4m worth of motion scales which were fully paid for by the state in 2017 but never delivered.

Nandlall has sued Nevpro Realiza-tion Limited of 17 Haining Road, Kingston, Jamaica; Patterson who had jurisdiction in this area; then Public Works Ministry Permanent Secretary, Balraj Balram and the then head of the Special Projects Unit in the Public Works Ministry, Lawrence Mentis.

According to the filing, the AG is seeking general damages in excess of $50m against the Jamaican company over the non-delivery of three Mettler Toldeo Weight-in-Motion Scales and liquidated damages of $7.245m.

Alternatively, the AG is seeking full restitution of all monies paid to the Jamaican company under the contract dated December 6th, 2016 to the tune of $72,450,000.

Against Patterson, Balram and Mentis, the AG is seeking damages in excess of $50m for loss and damage suffered as a result of alleged negligence to the state of Guyana.

Against the said trio, he is also seeking damages in excess of $50m for loss and damage suffered as a result of alleged misfeasance in public office.

He is also seeking against the trio, damages in excess of $50m for loss and damage suffered as a result of the alleged misuse, misapplication and improper disposal of public moneys contrary to the Fiscal Management and Accountability Act.

Aggravated damages and exemplary damages are also being sought.

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Govt. yet to receive $72M worth of mobile scales that were procured in 2016

– Public Works’ PS says supplier unreachable

Kaieteur News – Members of the Public Accounts Committee (PAC), during a meeting, were on Tuesday told that three mobile scales costing some $72.2M that were procured in 2016 are yet to be received by Government.The PAC had met with officials from the Ministries of Foreign Affairs, Public Works and Natural Resources to begin the consideration of Guyana’s public accounts for the fiscal year of 2016.During the meeting, Permanent Secretary (PS) of the Public Works Ministry, Vladmin Persaud, revealed that the Jamaican Company, NevPro Realization Limited, which was awarded the contract to supply the scales, has been unreachable.

Kaieteur News was told in January 2020 that the procurement of the mobile scales was an initiative of the then Coalition Government to reduce the damage of Guyana’s main public roads by heavy-duty vehicles.Speaking with this newspaper at the time was the then Junior Minister of Public Infrastructure, Jaipaul Sharma, who explained that his Government planned to place the scales at major entrances to Georgetown. Sharma had named Berbice, Parika and Linden as points for the scales. He had added too that the initiative was catered for in the 2020 annual budget.


According to the current PS Persaud, out of the three scales procured, only two were shipped by the company and these are still at the Laparkan Storage Bond.
Persaud added that a cost for the storage of the scales will be submitted to the Ministry next week since they have not been officially handed over as yet.
With regards to the third scale, the Public Works PS stated that, β€œWe have tried several times to make contact with the supplier. We are unable to make any contact with the company. It seems as though they have come off the face of the earth. We can’t find any information of the company.”Persaud went on to inform the PAC members that the Attorney General will be engaged in the matter. In fact, he said that a letter has already been prepared and will be sent to the Attorney General.
He added too that a letter will also be sent to the Ministry of Foreign Affairs for assistance in reaching the company.


Meanwhile, Minister of Parliamentary Affairs, Ms. Gail Teixeira, who was present at the meeting, condemned the then Ministry of Public Infrastructure because of how it dealt with the matter.Teixiera stated, β€œI am amazed that one: there has been no disciplinary action taken against anybody in the Ministry; there has been no calling in of anybody to investigate, even the police. There has been no lawyer’s letter… I can’t understand a Ministry being so indulgent.”

Django
Last edited by Django

AG moves to court over undelivered motion scales

Aug 21, 2021 News, Source - https://www.kaieteurnewsonline...vered-motion-scales/

– Patterson, PS, Engineer sued for negligence

Kaieteur News – The Attorney General (AG) and Minister of Legal Affairs, Mohabir Anil Nandlall, has moved to the High Court over the three Mettler Toledo Weight-in-Motion Scales that the former Government had purchased in 2016 but was never delivered.

Attorney General (AG) and Minister of Legal Affairs, Mohabir Anil Nandlall.

The AG sued former Minister of Public Infrastructure, David Patterson; his Permanent Secretary (PS), Balraj Balram, and his Engineer/Manager Lawrence Mentis. The AG also sued Nevpro Realization Limited, a Jamaican company for breach of contract by failing to deliver the scales.

According to the document seen by this publication, the AG is suing Patterson, Balram and Mentis, for $50M for loss and damage suffered as a result of the misfeasance in public office; in excess of $50M for loss and damage suffered as a result of negligence to the State and $50M for loss and damage suffered as a result of the misuse, misapplication, and improper disposal of public sums of money contrary to the Fiscal Management and Accountability Act, Cap 73:02, Laws of Guyana.

Moreover, the Attorney General is seeking $50M from the Jamaican company for loss and damage suffered as a result of the breach of the contract dated December 6, 2016, and he is also seeking liquidated damages against the company in the sum of $7.2M calculated at 10% of the contract price for breach of contract.

Former Minister of Public Infrastructure, David Patterson.

According to the court proceedings that was filed, the AG is also seeking an order of restitution of all monies received as full payment under the contract made in the sum of $72,450,000 for breach of the said contract.

In addition, the AG is seeking $100M against all the defendants for aggravated, exemplary damages. Lastly, he is seeking other orders as the court deems just and reasonable prescribed costs.

The AG stated that with his position he has, inter alia, a duty in law to preserve the patrimony of Guyana by recovering land, money or other property that would be a financial loss to the State and the people of Guyana if found to have been taken or occasioned in, or by the contravention of the laws of Guyana.

It was stated in the AG’s facts that a director of the company who was supposed to deliver the scales, was the campaign manager for the A Partnership for National Unity + Alliance For Change (APNU +AFC) coalition for the 2015 General and Regional Elections and was closely associated with the AFC, the political party of which Patterson is a founding member.

According to the AG, for the fiscal year of 2016, $631,700,000 was allocated, through public funding, to the Ministry of Public Infrastructure, under Project code 1902800: Sub-Head – Equipment. This was for the purchase of road building equipment for the Ministry’s Special Projects Unit.

Former Permanent Secretary (PS), Balraj Balram.

On November 1, 2016, the Ministry invited suppliers through the National Competitive Bidding and Restricted Tendering method of procurement, to bid for the procurement of 14 different Lots of specified goods, which included the motion scales.

El Dorado Trading, a local company was listed as the only bidder for the supply and delivery of the scales, and the company had made a bid of $10,200,000. However, the company was disqualified from the tender procedure due to its submission of a fraudulent manufacture’s authorisation for the supply and delivery of another Lot within the same tender procedure – as a result, El Dorado Trading was ineligible for the award of the contract for the supply and delivery of the scales.

Minister Nandlall further noted that instead of using the correct method of inviting suppliers to bid for the supply and delivery of the scales, PS Balram entered into a contract with the Jamaican company for the supply and delivery of the said scales, despite the company never being formally invited to bid for the contract in accordance with the provisions of the Procurement Act.

On December 13, 2016, the PS sent a letter to the former Chairman of the National Procurement and Tender Administration Board (NPTAB), Berkely Wickham, requesting a β€œwaiver of the Tender Board Procedures and for the purchase through sole sourcing” of the scales from the Jamaican company.

Former Engineer/Manager Lawrence Mentis.

The AG stated that the PS did not advance or satisfy any of the conditions set out in the Procurement Act, as a reason for the request to use the single-source procurement procedure for the supply and delivery of the scales.

Later that month, a purported undated memorandum by former Finance Minister, Winston Jordan, was submitted to Cabinet for its examination and β€œNo Objection” in relation to the said request.

According to the AG, there is no evidence for the year 2017, that Patterson, Balram or Mentis made any form of communication with the company to ensure delivery of the motion scales. As such, Minister Nandlall stated that trio’s alacrity to make full payment to the company for the motion scales was not replicated to ensure the delivery of the scales for which was already paid for.

On March 15, 2018, in excess of 90 days, six packages purporting to be the motion scales were shipped to Guyana by the Jamaican company. However, to date only three out of the six packages were found at the Laparkan Trading Ltd, storage bond in Georgetown, and none of the packages was opened to verify that the contents of the packages actually were the motion scales or components of the motion scales.

FM

On March 15, 2018, in excess of 90 days, six packages purporting to be the motion scales were shipped to Guyana by the Jamaican company. However, to date only three out of the six packages were found at the Laparkan Trading Ltd, storage bond in Georgetown, and none of the packages was opened to verify that the contents of the packages actually were the motion scales or components of the motion scales.











Why the packages aren't opened ? who are responsible for the missing packages ?

Do they need a rocket scientist to figure it out ? the lawsuit more like smear campaign .

Nandlall took LAW BOOKS,also took money from the government ,claiming it was borrowed and paid back.

Django
Last edited by Django
@Former Member posted:

AG moves to court over undelivered motion scales

Aug 21, 2021 News, Source - https://www.kaieteurnewsonline...vered-motion-scales/

– Patterson, PS, Engineer sued for negligence

Kaieteur News – The Attorney General (AG) and Minister of Legal Affairs, Mohabir Anil Nandlall, has moved to the High Court over the three Mettler Toledo Weight-in-Motion Scales that the former Government had purchased in 2016 but was never delivered.

On March 15, 2018, in excess of 90 days, six packages purporting to be the motion scales were shipped to Guyana by the Jamaican company. However, to date only three out of the six packages were found at the Laparkan Trading Ltd, storage bond in Georgetown, and none of the packages was opened to verify that the contents of the packages actually were the motion scales or components of the motion scales.

March 15, 2018 -- six packages purporting to be the motion scales were shipped to Guyana by the Jamaican company.

To date -- only three out of the six packages were found at the Laparkan Trading Ltd, storage bond in Georgetown.

====================

Perhaps three of the six packages vanished in the air since their arrival.

Indeed, the remaining three packages should be opened to determine their contents.

FM
@Django posted:

On March 15, 2018, in excess of 90 days, six packages purporting to be the motion scales were shipped to Guyana by the Jamaican company. However, to date only three out of the six packages were found at the Laparkan Trading Ltd, storage bond in Georgetown, and none of the packages was opened to verify that the contents of the packages actually were the motion scales or components of the motion scales.











Why the packages aren't opened ? who are responsible for the missing packages ?

Do they need a rocket scientist to figure it out ? the lawsuit more like smear campaign .

Nandlall took LAW BOOKS,also took money from the government ,claiming it was borrowed and paid back.

I would assume that would be the project manager entrusted with the funding for the project. Patterson. Can you give the reasons why You think he shouldn’t be held responsible?

sachin_05
@Former Member posted:

The missing packages  seemed to have arrived in Guyana in 2018.

Interesting question on why the packages were not opened in 2018.

@cain posted:

Dem boys tief out the box knives.

Now, now, now Cain ---

It looks like the PNCR/APNU/AFC boys had all the knives so the boxes could not have been opened at all.

FM
Last edited by Former Member
@sachin_05 posted:

That question should be directed to Patterson. What you think?

Patterson is no longer the Minister. As stated in the articles ,items at Laparkan Bond.

The Government Ministry should uplift the scales then tell how many was delivered or provide to the public the shipping bill of laden which will state the amount  of scales ,when it was shipped and when delivered.

I deal with shipping daily ,with 30-50 days to pay varied by vendor as soon as invoice created and merchandise shipped ,the account is charged. It's my duty to start track the shipping.

Django
Last edited by Django
@Django posted:

Patterson is no longer the Minister. As stated in the articles ,items at Laparkan Bond.

The Government Ministry should uplift the scales then tell how many was delivered or provide to the public the shipping bill of laden which will state the amount  of scales ,when it was shipped and when delivered.

I deal with shipping daily ,with 30-50 days to pay varied by vendor as soon as invoice created and merchandise shipped ,the account is charged. It's my duty to start track the shipping.

He is not to bright to figure that out. He lacks common sense.

Mitwah
Last edited by Django
@Django posted:

Patterson is no longer the Minister. As stated in the articles ,items at Laparkan Bond.

The Government Ministry should uplift the scales then tell how many was delivered or provide to the public the shipping bill of laden which will state the amount  of scales ,when it was shipped and when delivered.

I deal with shipping daily ,with 30-50 days to pay varied by vendor as soon as invoice created and merchandise shipped ,the account is charged. It's my duty to start track the shipping.

On March 15, 2018, in excess of 90 days, six packages purporting to be the motion scales were shipped to Guyana by the Jamaican company. However, to date only three out of the six packages were found at the Laparkan Trading Ltd, storage bond in Georgetown, and none of the packages was opened to verify that the contents of the packages actually were the motion scales or components of the motion scales.

Patterson, since March 2018 had two and a half years in office, failed to verify the contents/ quantity of the packages. You said you deal with shipping, do you ever take two and a half years to verify the merchandise you ordered is correct? Do you ever take two and a half years to verify the quantity of your order is received?  Patterson can easily make a call to laparkan and query the contents of the freight in storage and shut up Anil. He can’t because those scales are simply not there...



sachin_05
Last edited by sachin_05
@sachin_05 posted:

Patterson, since March 2018 had two and a half years in office, failed to verify the contents/ quantity of the packages. You said you deal with shipping, do you ever take two and a half years to verify the merchandise you ordered is correct?

Do you ever take two and a half years to verify the quantity of your order is received?

That's how government works , Ministers to employees in the Ministries ,they don't foot the bill.

Patterson can easily make a call to laparkan and query the contents of the freight in storage and shut up Anil. He can’t because those scales are simply not there...

So the Permanent Secretary LIED , scales (two) at Laparkhan storage bond ?

https://guyanachronicle.com/20...72-2m-motion-scales/

Django
Last edited by Django

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