THE Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, SC, suspects foul play in the fire at the Guyana National Industrial Company Inc. (GNIC) wharf, as one of the storage bonds held the three $72.2 million motion scales.

In 2021, the AG commenced legal proceedings against NevPro Realization Limited of Jamaica and Former Minister of Public Infrastructure, David Patterson, essentially over a breach of contract for the three scales that were entered into almost five years ago.

The matter at hand concerns the non-delivery of three portable motion scales bought by the A Partnership for National Unity + Alliance For Change (APNU+AFC) government for a whopping $72.264 million back in December 2016.

Minister Nandlall alleges that the director of the Jamaican company was the campaign manager of the A Partnership for National Unity+ Alliance For Change (APNU+AFC) for the 2015 General and Regional Elections and was closely associated with the AFC, the political party of which Patterson is a founding member.

“After our government filed the case, then someone belatedly said that the scale came but was put in some warehouse at Laparkan. And by the time that information was verified, the warehouse at Laparkan mysteriously went up in flames. “The warehouse in which the scale, they claim, was imported and left went up in flames before that allegation could have been interrogated and investigated. “You think this is a Nancy story I’m talking about? These are the facts, and one of the main architects in this case, who was at the ministry at the time, jumped on a plane and left,” Nandlall said on Tuesday.

In 2020, millions of dollars’ worth of vehicles and other imported items were destroyed at the Laparkan and Tropical Shipping bonds.

The Fire Chief, Gregory Wickham, revealed that the fire was “maliciously set.”

The fire caused significant damage to the two facilities, and the authorities are investigating the incident. It is unclear who is responsible for the malicious act, and the investigation is ongoing.

In his statements of claim filed at the Demerara High Court, the AG had also named former Permanent Secretary in the Ministry of Public Infrastructure, Balraj Balram, and the ministry’s former Head of the Special Projects Unit, Lawrence Mentis, as respondents.

On behalf of the State, Nandlall is seeking $50 million in general damages from the Jamaican company for loss and damage suffered due to the breach of the contract, dated December 6, 2016, for the supply and delivery of three scales.

He is also claiming liquidated damages for $7.245 million, calculated at 10 per cent of the contract price for the breach of contract by the said company.

During his online programme, Nandlall said that the contract was unlawfully granted and breached the Procurement Act
The AG is contending that for the entirety of 2017, there is no evidence that Patterson, Balram, and Mentis took any steps whatsoever to pursue any form of communication with NevPro to ensure delivery of the scales.

In short, the AG said, the alacrity to make full and final payment to the company for the sales “was not in the faintest way replicated in efforts to ensure delivery of that which was paid for.”

On March 15, 2018, more than one year after the 90 days for delivery, six packages purporting to be the scales were shipped to Guyana by the company. In 2021, only three out of the six packages were found at the Laparkan Trading Ltd storage bond.

None of the packages was opened to verify that the contents were actually the Motion Scales or components of the Motion Scales.

Against this backdrop, Nandlall called out the Guyana Human Rights Association (GHRA) long-term head, Mike McCormack, for being mum on the issue and the lack of transparency on the motion scales contract.

“Where is the report that Mike McCormack and the GHRA issued a public statement condemning them? We are not going to sit idly by and take these attacks from people who have selective outrage. These are people with selective outrage…” the AG said.

The GHRA had accused the government of “singling out” the organisation based on its criticism of the process of Guyana’s Extractive Industries Transparency Initiative.

However, the People’s Progressive Party/Civic (PPP/C) government remains open to constructive criticism, but it will also respond accordingly to claims such as those presented by the GHRA.

“Apparently, we don’t have a right to respond. Certain people are sacred cows. So you know, they are immune, they can speak what they want. And if you respond, you’re a dictator and you’re intolerant of criticism.

“Well, I don’t share that view at all. I am the recipient of criticisms every day, and I welcome that. But when I choose to respond, I will respond; that is my right,” the AG said.