questioned acquisition P

SATURDAY, MARCH 20, 2021 | GUYANATIMESGY.COM

Cevons’ boss questioned at CID about acquisition of Mandela Avenue land

Cevons’ Chief Executive Officer (CEO), Morse Archer, was on Thursday asked to report for questioning at the Criminal Investigation Department (CID) at Eve Leary in connection with the plot of land at Mandela Avenue which the Government contends was illegally sold to him back in 2018.

Trevor Benn, who was the Commissioner of the Guyana Lands and Surveys Commission at the time of the transaction, was also called in on Wednesday for questioning at CID in relation to alleged illegal sales of land. Notably, Benn is currently before the court for leasing several acres of land at Ogle.

In an interview with Guyana Times, Archer confirmed that at about 13:00h on Thursday, he visited the CID Headquarters at Eve Leary, where he was asked to give a statement on the ongoing land issue.

He explained that he remains optimistic about the option of having the ongoing matter settled outside of court.

“I’ve been informed by the press and some reliable people that there might be a chance of the Attorney General and the President resolving my matter out of court,” Archer related.

In February 2021, Archer was informed via letter from the Attorney General, Senior Counsel Anil Nandlall, that the plot of land on which the Cevons headquarters is constructed is the property of the National Sports Commission, and it had been illegally leased to the company by the Guyana Lands and Surveys Commission (GL&SC) in December of 2018 for a period of 50 years.

The AG’s letter also informed that, at the time of the transaction, GL&SC Commissioner Trevor Benn had no lawful authority to sell the land.

Further, the letter informed that NSC has plans to use the very land for the development of sports and the construction of sports facilities.

Moreover, the AG’s letter claimed that the fact that the transaction was completed without the knowledge and authority of the NSC, a body corporate, further compounds the illegality of the transaction.

As such, the AG had demanded that Archer vacate the land by March 31, 2021.

However, the Attorney General has subsequently informed Archer that the sale was being reviewed on a direct appeal by Archer to President Irfaan Ali, but noted that the transaction remains highly illegal; and even if the Government decides to act in Archer’s favour and allow the transaction to be regularised, it does not make the wrongdoing right.

Archer, as Company CEO, had previously said that Cevons had followed all laws and regulations applicable to purchasing the plot of land which the Government is now seeking to repossess.

Further, Archer is claiming that when the land was evaluated, it was valued at $40 million, but the company was eventually required to pay $100 million. Of that total, his company had already deposited $80 million with the understanding that the transport would be received in three years’ time, when the remaining $20 million had been paid.

Meanwhile, the company has already subleased the additional portions of the lands to Sol Guyana and Corum Restaurant Holdings.

Cevons CEO Morse Archer

9 Int’l companies pre-qualified for construction of new Demerara Bridge

– works slated to commence in last quarter of 2021

Nine international companies have been pre-qualified for designing, building and financing the new Demerara River bridge.

In a statement on Friday, the Public Works Ministry stated that the nine companies – some of which have partnered to form joint ventures to carry out the project – will be expected to submit bids in three months’ time following receipt of bid documents, after which a “Preferred Bidder” will be selected and the construction of the project will commence in the last quarter of this year.

Bidders have been advised that they will be required to bid on two options, a DesignBuild and Finance option and a DesignBuild-Operate & Finance option.

Among the pre-qualified bidders are several major Dutch and Chinese companies.

They are China State Construction Eng Corp (China); Ballast Needam Infra Suriname BV (headquartered in The Netherlands); China Geizhouba Group Co Ltd (China); JV - China Railway International Group Co Ltd, China Railway Major Bridge Eng Group Co Ltd, Reconnaisance & Design Inst Co Ltd (China); JV - China Road & Bridge Corp Peutes y Calzadas Infrastructuras SLU (China and Spain); JV - OECI SA and Odebrecht Engenharia E Coonstrucao SA OEC (Brazil); JV - China Railway Construction Corporation (International) Ltd, China Railway Construction (Caribbean) Co Ltd, and China Railway Construction Bridge Engineering Bureau Group Co Ltd (China & Trinidad and Tobago); JV - Rizzani de Eccher S p A & Preconco Ltd (Italy and Barbados), and Boskalis Guyana Inc Eiffage Genie Civil (Guyana & Netherlands).

“The Government is pleased with the level of interest by globally competitive companies and wish to thank all companies that sought to be pre-qualified

noting that the pre-qualification was a highly competitive process, resulting in detailed EoI/Pre-Qualification submissions of a high quality,” the Public Works Ministry has stated.

However, noting the limited number of pre-qualified bidders, the Government encouraged other world-class companies that did not make the cut to continue to pursue the many infrastructural opportunities available in Guyana.

The pre-qualification process commenced last September after the Government invited Expressions of Interest (EoI) and Pre-Qualifications applications. The PPP/C Administration, which was barely two months old at the time, launched the advertisement on Sept 27, 2021, in all papers and subsequently, 54 firms expressed interest.

However, only 44 firms completed the registration process and were provided with the EoI/PreQualification documents.

Twenty-one of those companies further submitted to the EoI/Pre-Qualification on the closing deadline of

December 4, 2020. Prior to the December submission deadline, various questions were raised by interested parties. These were answered both via a virtual workshop and addendums issued to registered parties.

Additionally, a decision was taken on the alignment alongside the existing bridge before the launch of the EoI/ Pre-Qualification.

Shortly after the launch of the EoI, President Dr Irfaan Ali led a team to visit the eastern alignment. At the direction of the Head of State, an interagency group was formed under the Chairmanship of Public Works Minister, Juan Edghill to include all key agencies that would have inputs in the new bridge.

Friday’s announcement of the pre-qualified bidders came on the heels of an information session held on March 15 with the pre-qualified bidders that revealed the general requirements expected in the upcoming tender.

Meanwhile, an application for the project has since been filed at the Environmental Protection Agency (EPA), followed by an advertisement for a firm to complete the Environment Impact Assessment (EIA). With the construction of the new Demerara River bridge slated to start in the fourth quarter of 2021, the project is expected to be finished within two years. Minister Edghill had previously explained that the new bridge will be high-fixed with a 50-metre flyover at minimum or “as high as or higher than the Marriott Hotel” to allow for marine vessels to pass without any interruptions of vehicular traffic.

As such, the bridge would land aback Nandy Park on the East Bank of Demerara and at La Grange, West Bank Demerara, from where an alternative highway will be constructed all the way to Parika.

The construction of the new bridge will be a timely one, as the East Bank is notorious for its heavy traffic congestions due to the current retractable bridge.

Floating at 1.25 mile, the current Demerara Harbour Bridge is a strategic link between the East and West Banks of Demerara, facilitating the daily movement of thousands of vehicles, people, and cargo. The structure was built in the 1970s but was opened in July 1978 with the expectation of lasting only 10 years. However, some 42 years later, it is still floating.

The former APNU/AFC Administration was originally going to go with another retractable, three-lane design but after immense criticism had switched to a fixed, four-lane proposal.

However, the awarding of the $146 million contract to have a feasibility study done for the project was marred in controversy, with the Auditor General, Deodat Sharma, pointing to major breaches of Guyana’s financial laws.

The Public Procurement Commission (PPC) had subsequently flagged former Public Infrastructure Minister, David Patterson for requesting from the then Cabinet that the feasibility contract be solesourced instead of being processed through the National Procurement and Tender Administration Board (NPTAB).

The PPC had found that after the bidding process was annulled because of non-responsive bidders, NPTAB had approved for the project to be re-tendered. But instead, Dutch company LievenseCSO was handpicked by the Public Infrastructure Minister to conduct the study.

Additionally, it was revealed that funds from the Asphalt Plant, which is managed by the Demerara Harbour Bridge Corporation (DHBC), were used to pay for the feasibility study.

As such, former Minister Patterson and former Head of the DHBC, Rawlston Adams, were charged in January for defrauding the Asphalt Plant of $162.6 million. They are currently out on bail.

Public Works Minister Juan Edghill

SATURDAY, MARCH 20, 2021 | GUYANATIMESGY.COM

Govt purchases 200,000 Russian Sputnik vaccines

– first 50,000 to arrive in Guyana within 2 weeks …15,524 persons immunised

Immunisation of the population is high on Government’s agenda, with continuous efforts in the pipeline to secure enough doses to make it a reality. In light of this, within the next two weeks, another 50,000 Russian-developed Sputnik V vaccines will arrive in Guyana.

This was announced by Health Minister, Dr Frank Anthony on Friday during his daily pandemic update. He noted that the Government has indicated its plans to purchase 200,000 doses of the vaccine.

As such, he added that local authorities will engage Russian officials in the near future for more shots to be made available.

“We have put in a purchase order for 200,000 doses of the Sputnik vaccine and within a two-week period, we should have the first 50,000 doses arriving in Guyana.”

After 3000 doses were sent from the Barbadian Government, the Chinese and Indian Governments also sent 20,000 Sinopharm and 80,000 AstraZeneca vaccines respectively. Another 100,000 is expected through the COVAX mechanism.

“We want to immunise a substantial part of our population this year. If we’re going to do so, we have to source vaccines. We have been using the AstraZeneca and we’re expecting to get additional doses of AstraZeneca vaccines from COVAX. They have promised to send us 100,800 doses,” the Minister expressed.

From the vaccines sent, Guyana’s immunisation network has already begun. As of Friday, a total of 15,524 persons have been immunised using COVID-19 vaccines. The vaccine administration campaign has been progressing well, according to the Health Minister.

Nevertheless, he signalled areas which could be improved – one of which is Linden.

“We need persons of influence in Linden to advocate for the vaccine because as we know, once you’re immunised, it protects you from getting the more severe form of COVID. We’ve had persons from Region 10 who would’ve gotten infected and prior to this rollout of vaccines and in some cases, they had the most severe form of COVID and we had a few deaths.”

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SATURDAY, MARCH 20, 2021 | GUYANATIMESGY.COM

Guyana records 44 new COVID-19 cases, active cases now stand at 812

– 400 active cases in Region 4

Another 44 COVID-19 cases were confirmed on Friday, raising the total confirmed positives to 9486. This contributed to active cases moving up to an alarming 812.

The new cases were from 593 samples that were collected and sent for testing.

The new statistics provided by the Health Ministry revealed that there are still 212 deaths – the latest of which was recorded on Thursday.

In the facilities, nine patients are now in the Intensive Care Unit (ICU), 45 in institutional isolation, nine in institutional quarantine and 767 in home isolation. Some 8453 of the 4874 males and 4612 females have recovered completely. To date, Guyana has tested 80,183 individuals.

A breakdown of new cases showed that 10 were detected in Region Three (Essequibo Islands-West Demerara); 26 in Region Four (Demerara-Mahaica); one in Region Five (MahaicaBerbice); one in Region Six (East Berbice-Corentyne); three in Region Seven (Cuyuni-Mazaruni) and three in Region 10 (Upper Demerara-Berbice).

The cases in Regions One (Barima-Waini), Two (Pomeroon-Supenaam), Eight (Potaro-Siparuni) and Nine (Upper Takutu-Upper Essequibo) remain at 1025, 243, 246 and 436 respectively.

However, Health Minister, Dr Frank Anthony on Friday acknowledged the increased cases over the last two weeks, noting that it can be attributed to an increase in testing. A majority of these positives were detected in Region Four (Demerara-Mahaica), which has over 400 active cases presently.

“The more you test, the more you will find and I think that’s one of the phenomena that we’re seeing… To date, while overall we have about 9600 cases, we have done 81,000 tests. We have increased the amount of testing and because we have increased the testing, we are able to detect more,” he opined.

Diamond, East Bank Demerara, and Kitty, Georgetown, have seen clusters of these positives – both of which are being monitored closely. Region Three (Essequibo Islands-West Demerara) is also on the radar but the cases are diffused across different areas.

“We continue to monitor and to be able, once we identify positive people, to isolate them and reduce contact with other persons and reduce the chances of spreading the infection.”

Symptoms of the coronavirus include fever, cough, tiredness, diarrhoea, pains, sore throat and loss of taste or smell. The more serious symptoms are difficulty breathing or shortness of breath, chest pain and loss of speech or movement. If persons are experiencing symptoms or have been in contact with a positive person, they are asked to contact the COVID-19 Hotline 231-1166, 226-7480 or 6246674 immediately or visit www.health.gov.gy.

All Guyanese are reminded to observe the protocols of the COVID-19 Emergency Measures (No 15), which are in effect until March 31, 2021. This order emphasises the need for correct and consistent use of a face mask when leaving home; the importance of maintaining the six feet physical distance from others; and the need for good hand hygiene to help reduce the spread of COVID-19.

SATURDAY, MARCH 20, 2021 | GUYANATIMESGY.COM AG files motion to strike out APNU/AFC’s appeal against dismissal of election petition

…unconstitutional, irregular for Appeal Court to hear case – Solicitor General

Attorney General and Legal Affairs Minister Anil Nandlall, SC

“There is no statutory or constitutional jurisdiction to the Court of Appeal to hear an election petition dismissed for procedural impropriety or any other reason not stated in Article 163 (1) of the Constitution of Guyana.”

This is according to Attorney General and Legal Affairs Minister Anil Nandlall, SC, in a motion to strike out a Notice of Appeal challenging the dismissal of APNU/AFC’s second election petition.

The motion was filed on Friday with the Guyana Court of Appeal. On January 18, 2021, acting Chief Justice Roxane George, SC, dismissed election petition #99 that was filed by Brennan Nurse and Monica Thomas owing to non-compliance with effecting service as prescribed under Section 8 of the National Assembly (Validity of Elections) Act and Rule sons that appeals regarding an election petition are governed exclusively by Article 163 (3) of the Constitution of Guyana which sets out the circumstances under which such appeals can be filed. Among them, he deposed, includes a decision granting or refusing leave to institute proceedings for the determination of any question referred to in Article 163 (1). According to the Solicitor Solicitor General Nigel Hawke Chief Justice (ag) General, the decision of the Roxane George, SC Chief Justice was not, and did 9 of the National Assembly not involve a determination of (Validity of Elections) Rules. Justice George found that the petition was not properly served on former President David Granger, the second-named respondent. Justice George, in arriving at her decision, among other things, relied on the decision in Eusi Kwayana et al v The Chief Elections Officer et al No 205 of 1986 and noted that given the guidance outlined in this case, the procedures for the filing of an election petition must be strictly complied with, otherwise it can result in its dismissal. The manner of service is prescribed in Rule 9 (1) thereafter which would have been September 21, 2020, since the fifth day – September 20, 2020 – was a Sunday. However, in the affidavit of service of Nurse, it was stated that the petition, along with the relevant documents, was only served on Granger on September 25, 2020 – five days outside of the statutorily-prescribed period. Following Justice George’s ruling, the petitioners filed a Notice of Appeal asking that the decision be set aside and/or reversed with costs awarded to them. a question referred to in the aforesaid Article. He submitted that the jurisdiction of the Court of Appeal to hear an appeal from a decision of the High Court must be founded in the Constitution of Guyana and statute. Like Nandlall, Hawke, too contended “that there is no statutory or constitutional jurisdiction to the Court of Appeal to hear an election petition dismissed for procedural impropriety or any other reason not stated in Article 163 (1) of the Constitution of Guyana.” Having regards to the forgoing, Hawke contended, of the National Assembly (Validity of Elections) Rules, which imposes on the petitioners the statutory obligation to effect service within five days after the presentation of the petition. Petition #99 having been filed on September 15, 2020, should have been served on the former President five days No jurisdiction In an affidavit in support of the motion for dismissal of the Notice of Appeal, Solicitor General Nigel Hawke contended that the Court of Appeal has no jurisdiction to hear an appeal from a decision of the High Court in an election petition. In doing so, Hawke rea-

From left: Senior Counsel Roysdale Forde, AFC Leader Khemraj Ramjattan, Opposition Leader Joseph Harmon and former President David Granger as they pose with one of their election petitions just after filing it at the High Court

“That in the circumstances, permitting the [appeal] to proceed would be unlawful, irregular and unconstitutional.”

Overriding objective

Nurse and Thomas have expressed dissatisfaction with the ruling of the Chief Justice and are seeking to have it overturned at the Court of Appeal. Lawyers for APNU/AFC are contending that Justice George, in dismissing the party’s second election petition, failed to consider its overriding objectives.

In a Notice of Appeal, lawyers for the petitioners contend that the acting Chief Justice erred in law and misdirected herself by failing to recognise that the purpose of Rule 9 of the National Assembly (Validity of Elections) Rules, requiring service of an affidavit, is to verify that service was achieved within the time prescribed by the statute, and that an error in the affidavit does not affect the fact of service.

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SATURDAY, MARCH 20, 2021 | GUYANATIMESGY.COM

Housing Ministry pumps $455.6M to develop infrastructure at Experiment

Housing and Water Minister Collin Croal on Thursday announced that his Ministry will commence infrastructural works to the tune of $455.6 million at Experiment, West Coast Berbice, Region Five (Mahaica-Berbice).

The Minister made this announcement during a community outreach at the Bath Primary School.

Four contracts for the project were signed on Tuesday when the Government handed out a total of 199 contracts totalling $13.9 billion for infrastructural works in new and existing housing areas, and for the construction of houses.

The works also include land clearing, construction of roads and bridges, drainage and access to water and electricity.

However, the Minister said once the project is completed, over 673 persons

Housing and Water Minister Collin Croal

who were allocated lands in Experiment under the previous Administration will be able to start building their homes. Experiment has been unoccupied due to the lack of infrastructure.

“By the last quarter of this year, we are expecting that you should be commencing your construction of your own homes,” the Minister said.

Minister Croal said unlike what occurred in the past, the PPP/C Government’s national housing drive would ensure that all necessary infrastructure is in place before land allocation.

“So, what happened is that allocations have been made but the infrastructure works are required to complete that process and that is something we are working on…because the desirable level at which we want to operate is to have the area ready and then do the allocation,” Minister Croal said.

The Minister also spoke of the economic spinoffs from these initiatives, which include the creation of jobs in the region and opportunities for small business.

He added that the Ministry would return to the region in early May to host its “Dream Realised” initiative, which would see several people receiving their long-awaited land titles and transport.

The Ministry would also be examining the functions of its regional office to ensure it is effectively conducting its mandate to provide quality services to the people of Region Five.

This year, the housing sector received a total allocation of $8.9 billion. Of this sum, $6 billion will go towards infrastructure and utility works in new and existing areas. This will pave the way for the allocation of over 10,000 house lots and 7000 land titles to citizens.

Minister Croal was accompanied by technical personnel from the Central Housing and Planning Authority’s Land Administration, Surveys and Community Development Departments and a team from the Guyana Water Incorporated. Member of Parliament Faizal Jaffarally, Region Five Regional Chairman (Ag) Rion Peters and Regional Executive Officer Genevieve Blackman also attended the engagement.

Duo freed of murder following defence’s no-case submission

Freed: Roberto Miggins

Roberto Miggins, called “Hot Skull,” and Quasi Benjamin, called “Rambo”, were on Thursday acquitted on a murder charge after Justice Brassington Reynolds upheld no-case submissions made by their attorney and directed the jury to return formal verdicts of not guilty.

The men had been on trial at the High Court in Demerara for the murder of gold miner Hilton Smith, which occurred on October 14, 2016, at Mazawini Backdam, Port Kaituma, North West District (NWD). They had pleaded not guilty to the charge.

Based on reports, Smith, called “Hilary”, of Pomeroon River, Region Two (Pomeroon-Supenaam), was shot and killed after a group of men with high-powered rifles pounced on a mining camp and opened fire.

Workers ran for cover in the nearby bush. The gunmen reportedly carted off with a quantity of raw gold. After the gunmen left, Smith’s body was discovered with several gunshot wounds.

In June 2019, Miggins and Benjamin were acquitted of the October 2016 murder of Mario Pozzer, a Brazilian gold miner. The men were discharged after the Trial Judge upheld nocase submissions made by their lawyers and directed the jury to return formal verdicts of not guilty.

According to reports, the bullet-riddled body of Pozzer was discovered at 10 Miles, Port Kaituma, next to the All-Terrain Vehicle (ATV) he used to get to and from his mining camp.

AG files motion to...

FROM PAGE 15

They moreover contend that Justice George erred in law and misdirected herself by following the decision in Eusi Kwayana et al v The Chief Elections Officer et al No 205 of 1986, which decision in itself was erroneous. According to the lawyers, Justice George again erred in law and misdirected herself when she applied the doctrine of strict compliance by holding that such compliance related to the contents of the affidavit of service instead of the filing of the affidavit of service on time.

Further, the lawyers argue that the Chief Justice also erred in law and misdirected herself when she concluded that leave was required to file a supplementary affidavit of service to give a more complete understanding of how service was effected on the former President.

The petitioners’ legal team argued that the foregoing is inconsistent with a ruling at a case management conference in which their clients were invited to provide an explanation in relation to what the court considered an apparent error in the original affidavit of service.

Additionally, it is also being argued that the acting Chief Justice erred in dismissing the entire election petition for non-service even though Granger notified the court that he would not oppose the election petition and that the other proper and necessary respondents were served with the statutory timeline.

Petition #88

APNU/AFC has another election petition before the High Court.

In Petition #88, the petitioners are Claudette Thorne and Heston Bostwick. This petition seeks to challenge the legitimacy of the elections, which a recount showed that the People’s Progressive Party/ Civic won.

Justice George has fixed April 7, 2021, to commence hearing submissions in this case.

In keeping with an order handed down by the Chief Justice, the Chief Elections Officer Keith Lowenfield has handed over all Statements of Poll (SoPs) and Statements of Recount (SoRs) to the Registrar of the High Court for safekeeping.