The government has won a court matter involving the contract for the construction of the $18-million West Bridge in Roseau.
The matter was taken to court by the Joint Consultative Committee on the Construction Sector (JCCCS) under the leadership of Anthony LeBlanc, on the manner the contract was awarded to a company from Barbados, NSG Management and Technical Services, Ltd. (NSG), saying it was in breach of the Public Procurement and Contract Administration Act No. 11 of 2012.
On Tuesday, Justice Birnie Stephenson did not grant leave for a judicial review into the awarding of the contract, agreeing with the government that negotiations for the contract predates the Act and did not fall within it.
Member of the government’s legal team, Senior Counsel Tony Astaphan said the High Court has ruled that the contract was lawful.
“The judges ruled that the West Bridge contract was entirely lawful and in accordance with all of the provisions of the Procurement Act because it negotiations and discussions for that very bridge started before the coming into force of the Act,” he explained.
He described the challenge to the contract in court as a failure.
“Just simply put, Mr. LeBlanc’s challenge to the West Bridge has failed, the United Workers Party challenge to the West Bridge has failed and the government has succeeded and the judge has ruled that the contract was a lawful contract, unaffected by the provisions of the Procurement Act,” he stated.
The matter was taken to court in 2016 but the government claimed that the contract was legal based on an MOU for works on developing Roseau which existed before the Act came into force in 2015. The government also claimed that the project was an emergency after Tropical Storm Erika.
LeBlanc told DNO on Wednesday morning that he cannot comment on the matter at this time since a written judgment has not been received from the court. He said all that was received was a partial disposition and the case has not been discussed by the JCCCS.
He said a response will be given in due time.
Good weather man, fly allu kites
Skerro the DON! Allowing a man the messenger of the devil to be in power for more than fifteen years..DOMNICHE ZOR TOU SORT. TEBEH..CHUPES..
The Punjab PhD and his Yard Fowls won and the people of Dominica and the economy lost $18 million dollars and yet we laughing well eat d bridge nah.
So since I a was born before many of these laws were past, they don’t apply to me right?
Jesus Christ was crucified. He still died to save us. God bless P.M skerrit
I may be wrong but if I am prove me so by providing a copy of the said MOU. As I understood it at the time, the MOU was signed for a “design “ for the improvement of Roseau and never for works. Any works had to be the subject of a separate, different contract, so the government is telling untruth and the judge has erred in her ruling. Even if the MOU was signed prior to the act coming into effect, once it had, then any and all contracts for works had to comply with the provisions of said act.
remember a great liar is also a THIEF.. and we in Dominica can see the thievery… expensive villas, apartment, land, condominiums overseas, quarter million dollar vehicles.
Dominicans should support Dominicans, show me how many Dominican companies doing construction in Barbados! So why are we allowing the government, who should be putting Dominicans to work, take work away from us? How has Dominicans benefitted from this ruling?
Well all Dominica’s living and working overseas like earl Shirley Norman Alex pat and all the other should they be kicked out from America under the notion America is for Americans?
And the matter is whether the government broke the law or not in the awarding of the contract? And the answer has been, remain and upheld by the court is NO.
Now who was given the contrace the watten waven trafallgar road in 1997?? Was it Dominicans?
Wish we knew where the money went as well
I know nothing about 1997. I’m referring to relevance of my time. You see the controversy going on in America! They’re protecting America for Americans, who is this government protecting Dominica for? Every major project in Dominica is done by foreigners, why then are we sent to universities only to be made irrelevant! Questioning the motives and actions of the ruling political party is what determines whether or not I should bite them and presently they don’t deserve it!
It amazes that nothing is never ever right or good in this country Dominica if it is not done or said by the UWP or it’s supporters. If the court had rule in LeBlanc’s favor, that decision would have been the best but just because the ruling went the other way, the court system is the worst.
Check how often and how many times Lennox and his band of muchachoes have walk out or boycott Parliament, for the UWP and its supporters no disrespect to the Dominican people or for the people who they represent but THEY have so much negative things to say about the PM who attended a special meeting in Grenada and was adsent from Parliament. Thompson Fontaine is never present and working and living in Africa that’s no big deal for them haters. Just let it be one of the ministers, all hell would brake loose on Q95 and aided by the MEDIA …..
Sometimes I listen to the hot seat and RORO ON THE BLOCK on Q95 it’s amazing, if your call is not against Skerrit or the GOVERNMENT, ZIP IT. Cut off.
the government won because the ruling was on the point that negotiations took place prior to the ACT being passed…………………..so in other words THE WAY IN WHICH THE GOVERNMENT AWARDED THE CONTRACT WAS GROSSLY WRONG but because the ACT which would have supported the claimant; the ACT which the claimant case was built on, was not passed when negotiations took place.
#ThisIsDominica #YouCannotWin #PoorManGettingPoorer #TurnRedOrYouWillBeg #NotAllShallEat
I am puzzled. Negotiations started before the Act. So when was the contract signed? And are negotiations and signing one and the same thing?
mr Leblanc you and Skerro came from the same place. Are you sad that he is the prime minister. Are you sad that he has made dominican be somebody and not only the lebalnc,s in those days. My advise is to go back to your roots. support your very own
that is the most idiotic statement i have read.. what does that have to do with doing the right thing and doing the wrong thing
An empty victory. The money has gone out the country and Dominica’s Human and Capital Resources lost an opportunity to grow.
That’s what Dominicans can expect from Skerrit. He prides himself on shallow victories and false distinctions. Same happens in the elections..it’s all a Charade for his own selfish political agenda.
Who can rightfully celebrate this? Surely Dominicans with pride and patriotism will see this purely for what it is. Dominica is the biggest loser here, just like in the Layou River case. His victories remain like ashes in his mouth.
Only a few well meaning and patriotic Dominicans will make the ultimate personal sacrifices for country
I’m not surprised because I have lost faith in the court system to be fair when it involves litigation with the governments. Who pays the piper calls the tune. So TS Erica is one of the justifications given for the rush and arbitrary way the contract was handled,does it mean that Skerritt is clairvoyant and saw that TS Erica was going to affect the country in 2015 when negotiations with the Barvados company commenced?
This is interesting negotiations and discussions for that very bridge started before the coming into force of the Act
so based on that ruling all the contracts that the gvernment gave within this years new budget are illegal
Broken judicial system – folks lets not fool ourselves- the only solution here is a political one–Skerrit and his gangg must go for Dominica to start working again.
So “negotiations and discussions for that very bridge started before the coming into force of the Act” means that any activity which was discussed before the act was passed is unaffected by its provisions.
Mr. LeBlanc the government is clearly not burdened by a sense of ethics, so wearing a red shirt is your only recourse if you want to get any contract from Dr Punjab and his “Fourmis Rouges”.
You no different than Tony. I dont think you are from VCase, bunch of haters.
@mine: You are correct, I am not from VCase. I’m from ‘Ti Wavine – if you know where that is.
Not all Children of Itassi are Red Ants. Some of us refuse to drink Dr. Punjab’s Kool-Aid.
Say it again dear. The powers that be are in bed with the government so all actions taken again the government will come back unsuccessful. Guess the PM and them study Castro really good Dominica is almost another Cuba under Castro reign
But that was a waste of time case from the get go. I feel so sorry for Tony. The man is totally clueless. Them belly full but they hungry………
Just replace the judges when you all win and appoint UWP party hacks like Athie, Joshua and Blessings to deliver judgements in your favor…..
Mr LeBlanc, You are a relative to one of my daughters but am glad that the government win that court case ,You were stupid to follow a loser like Linton, Well i hope It will be costly to you in court costs Dr.Skerrit was giving you a fair crack at the whip but you were too stupid to see it coming.
No surprise there. The matter was in litigation and they still proceeded to demolish the bridge. What does that say?
Btw I didn’t know LeBlanc was a member of UWP.
He may have won that in court, but the rest of us know what’s right and what’s wrong. Some of us have integrity and morals that we live by despite the mess he’s made..
Mr You are a relative to one of my daughters but am glad that the government win that court case ,You were stupid to follow a loser like Linton, Well i hope It will be costly to you in court costs Dr.Skerrit was giving you a fair crack at the whip but you were too stupid to see it coming.
Doesn’t surprise me. As long as Skerrit is PM of this country nobody is gonna win a case against the government or Skerrit. We can not go on like this. We have to stop this man!!!
Shut ur front door and get something to do ?
I know and I feel for you – THE TRUTH HURTS!