THE State has moved to the court seeking to repossess a bond occupied by BK Marine Inc. amidst reports that the company has not paid rent for 11 years.

According to court documents seen by this newspaper, the Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., on Friday last, filed a statement of claim in the High Court seeking for BK Marine Inc. to hand over the bond located at Lot 5 Water Street, Kingston, Georgetown on the northern section of the Goods Department Compound of the Transport and Harbours Department.

The Transport and Harbours Department (T&HD) of the Ministry of Public Works on August 1, 2003, entered into an agreement with BK Marine Inc. for the rental of the 43,966 square feet bond.

The agreement was for a period of 50 years at an annual rental price of $600,000. As part of the agreement, BK Marine Inc. paid an advance of $1,800,000, equivalent to three years rent.

In August 2009, BK Marine Inc. ceased payments for the rental of the bond and the agreement was terminated by T&HD due to failure to comply with clause two of the agreement which amounted to a fundamental breach of the agreement, the court document stated.

However, despite the termination of the agreement, BK Marine Inc. continued to remain in possession of the said property for approximately 11 years, and has failed and/or neglected to vacate the premises or pay the annual rent.

Between the period of August 2009 and January 2021, BK Marine Inc. racked up a sum of $8,400,000 in arrears for rent, the court document stated.

Further, the Attorney-General, in his application to the court, asserted that the T&HD was unable to use or rent the bond space. The Attorney-General is seeking from the court a declaration that the State is entitled to possession of the bond; an order that BK Marine Inc. deliver possession of the bond; a declaration that BK Marine Inc. has committed trespass in relation to the property and damages due to trespass.

He is also claiming mesne profits (sums of money paid for the occupation of land to a person with right of immediate occupation) from August 1, 2009 until possession is delivered to the State along with interests in accordance with Section 12 of the Law Reform Miscellaneous Act, Chapter 6:02.

Recently, legal proceedings were also initiated by the State to repossess a wharf vested to BK Marine Inc. by the former A Partnership for National Unity + Alliance For Change (APNU+AFC) government days after the March 2, 2020 elections.

The wharf, situated at Mudlots one and two, Lot F of Mudlot three and Lots A, B and D, North Cummingsburg Georgetown, valued at approximately $5 billion, was offered for sale to BK Marine Inc. by former Chief Executive Officer (CEO) of NICIL, Horace James, for the sum of $202,602,759.

Cognisant that only $20,260,276, a mere 10 per cent of the purchase price was paid by BK Marine Inc. for the property, it was vested by former Minister of Finance, Winston Jordan by virtue of Vesting Order No. 50 of 2020 on March 28, 2020, during the ongoing elections fiasco.

In addition to this, BK International Inc. is also before the courts for a breach of contract relating to the construction of the Yarrowkabra Secondary School.

In January, 2020 the former government, through the Ministry of Education (MoE), entered into an agreement with BK International Inc. for the construction of the Yarrowkabra Secondary School, located at Linden Highway with the fixed contract price of $826,757,737.

In August 2020, following an assessment of all the works done on the site, it was concluded that a mere five per cent of the works were completed after a period of five months had elapsed which constitutes almost 50 per cent of the contract period.

Following allegations that the People’s Progressive Party/Civic (PPP/C) government was targeting BK, the Attorney-General asserted that investigating corrupt transactions was part of a campaign promise made by the party.

“We promised on the elections campaign that we are going to investigate these matters, that this abuse of state resources must stop, and that is what we promised the people of this country and they voted for us and we are going to implement that promise,” Nandlall told this newspaper on Friday last at the Arthur Chung Conference Centre.

As it relates to repossessing the wharf at North Cummingsburg, Georgetown, Nandlall emphasised that it belongs to the people of Guyana and he committed to “getting it back.”

“And that is my duty as Attorney General and as the legal representative for the State and the legal representative of the people of Guyana, that wharf is owned by you, BK International, when he defrauded the state, he took it from you; it is my duty as your Attorney General to get it back for you,” he added.