The controversy surrounding the contract for reconstructing the West Bridge and other associated works in Roseau rages on with the government given a 4:00 pm deadline on Thursday, June 2 to respond to concerns by the Builder’s and Contractors Association of Dominica (BCAD) or face legal action.
Senior Counsel, Anthony Astaphan, told state-owned DBS Radio on Thursday morning that the government is not intimidated and insisted the contact was legal.
“We are going to respond but we are not going to be intimidated by that sort of threat…” he stated.
The Joint Consultative Committee on the Construction Sector (JCCCS), a local construction fraternity which BCAD is a member, had raised concerns over the manner in which the project was given to a Barbados-based company and had given Prime Minister, Roosevelt Skerrit, until 4:00 pm on Wednesday, May 25, to respond or face legal action.
Concerns were raised that the contract was not tendered in line with the Public Procurement and Contract Administration Act.
The government had asked for more time and subsequently responded saying the contract was legal based on the fact that a Memorandum of Understanding (MOU) for works for the development of Roseau, including the reconstruction of the West Bridge, existed before the Act came into force in 2015 and the matter was an emergency after Tropical Storm Erika which had to be addressed by the government.
In response, the JCCCS called on the government to publish documents to validate its claims.
“If the government relies so heavily on documents like the MOU, why didn’t the government decide to furnish the documents—make it available for public scrutiny?…,” JCCCS’ Chairman Anthony Le Blanc told DNO earlier this week. “And, if he’s so confident in his case, then he should have probably made all the documents he will rely on to justify his case, make it available to the media, as well.”
But Astaphan said the MOU has been, what he described as “a notorious fact of public knowledge” and the matter was disrespectful.
“Well I think that is disrespectful, for one, it is extremely contradictory, you are not sure what the government is saying is true, you want documentation from the government to prove what they saying is true, when it was a fact, a public fact, a fact recorded in the media that the government had executed a Memorandum of Understanding for the redevelopment of Roseau including the reconstruction of the West Bridge , that is a notorious fact of public knowledge,” he argued.
He stated that he is not sure why the claimants are pretending that they don’t know about the MOU.
“So I don’t know how we going to respond to the letter but I can safely tell you that I don’t know how you can send me a contradictory letter saying you not sure if our case is right but help you to prove it’s wrong or right by giving you documents and if you we don’t do that we going to sue you by 4:00 o’ clock on the second (of July),” Astaphan stated.
He noted that the government is not going to play “that political game.”
“The Prime Minister has made it clear to us and the Attorney General, this is a matter of law and construction and I am not going to play along with something I conceive to be contradictory and threatening,” he said.
He again repeated the government’s position that negotiations for the works existed before the Procurement Act came into existence and they were being done on the basis of emergency procedures due to Tropical Storm Erika.
“So the fact that it took a few months, or a couple months according to them, a few months to get to the West Bridge and river walls does not negate the fact that there was an emergency, there is an emergency and there is a potential threat to life and property on the northern banks of Roseau,” Astaphan remarks.
The $18-million contract was signed between NSG Management and Technical Services Limited of Barbados, on Wednesday, April13, 2016, covering the demolition and reconstruction of the bridge, the dredging of the Roseau River between the Dominica China Friendship Bridge and the E.C. Loblack Bridge, the reconstruction of retaining walls and drainage works between the West Bridge and the E.C. Loblack Bridge and the demolishion and reconstruction of the West Bridge.
A number of entities including the JCCCS, the Dominica Freedom Party, the opposition United Workers Party, the newly-formed People’s Party of Dominica have raised concerns over the project with some alleging a lack of transparency and saying the contract was illegal.
On Sunday, May 22, at a Dominica Labour Party (DLP) rally in Scotts Head, Prime Minister Roosevelt Skerrit said his ‘intelligence’ has shown that ‘operatives’ of the United Workers’ Party (UWP) were planning to stall the project solely to score political leverage.
The man in charge of constructing the bridge is from Columbia and the second in charge is Venezuelan. Could it be that the company was registered in Barbados but the actual people in the company come from Columbia and Venezuela! There is so much corruption in Dominica. The PM of Dominica will go down in history as the worst leader in the history of Dominica! I wonder how he sleeps at night.
yea but by the time that record comes around dominica will have developed considerably, has that not occurred to you?,say as you wish,the man is putting infrastructure in place,what has past governments do the deserve high consideration of recommendations!!! criticize when you have to…but also give jack his jacket when he deserves it,i am a sixties generation,if you did not know dominica back then in comparison to now,then you must be another melting pot political gony just jumping on the band wagon
I like the bridge and the bridge is for the use of Dominicans. No one can move it away. If the people want to fund it from their own pocket with their own design its down to them because its a bridge. But we had an emergency we get the best available. The problem lies with the take,yes,no,just walk in or walk out. freeness. If I have an emergency and you are going to help me on conditions. I must fulfill my promise. In a case of Ericka is the aftermath. the storm is well gone but it is the aftermath. You people really don’t like pretty things. We cannot wait for accident to happen we need that renovation bridge now. so much more to do from the bridge to more and better things. Give us a chance and we take you to the sky.
YOU TOO LIKE FREENESS….im sure your parents raised you better than that….urgh
I wonder what tony has against disclosure. If you have nothing to hide then disclosure, a normal legal process shouldn’t be a problem. Sketritt said that his government is transparent but this refusal to disclose proves the opposite. In law an MoU does not constitute a binding contract but is mearly an intention to do something with the understanding that a contract “may” be entered into. As for the MoU being in the public domain, this is total crap. All we know is that there was an MoU but the content remains a secret. So tony why don’t you do the people of Dominica a favour and keep your mouth shut.
it was just a year ago that a project at Lindo park was being done never tendered but now you all a blah blahing about no tender…was it leblanc doing that job…just curious DNO….find out and let us know.
and what?? because you so near sighted and childish we must run around in circles chasing our A44 till kingdom come??? man build a time machine and go back to the dark ages if thats where you want to be..
So Anthony Astaphan continues to push the PM to do his injustices against the people of Dominica and then turns around and collects BIG tax dollars to defend the wrong. In essence, Tony continues to milk the cow in more ways than one. That can’t be right.
Wont be surprise if the fella that pay judges already setup the money train. Trust me it happens. The judges are corrupt
People can say whatever they want about me. In Canada they say I am a soukoyan. I wiil forever give praise to the messiah sent by god my PM. I know that ent Laborit6are talking for bread but i am on the government cheese in Canada and dont need help from my PM. I will still continue to aplreciate the handouts that i get in Canada
Whosoever you are you need to stop your bull; why you keep impersonating Elizabeth?know she blames me for that crap, but I know that the one doing it is a low life rat! Elizabeth knows how to type, and she would never write God with a common, or lower case “g” as you have written: god.
Stop making yourself a bloody fool, you damn idiot!
Leave the lady alone!
Telemaque what do you mean by \”leave the lady alone\”
You are nothing but a damn hypocrite to write this here; you go all over the News Board of DNO, just to find my comments and to write all kinds of insults against what I write–just because I am not on your side, pertaining to government and opposition issues–don\’t you think you should leave me alone?.
I use a blog name like everyone here, but you rudely mention my name with your futile opinion–you spilled out all my personal issues along with many lies, right here on this site–don\’t you know that you had no right to do this?
Then if there is anyone here, whom I would like to leave me alone, it is no one but you–I don\’t need you phony defense and I still believe that you are the one who is impersonating me here, the composition is too much like the things you write against me.
People might give me thumbs down, but no one write against my comments like you do.
You, stupid Twilight Zone idiot! Have you not noticed that your comments of darkness and death are always rejected by the audience. If you find gratification in doing such work of insanity go right ahead–enjoy yourself!
Just don’t forget that I know who you are. You are obsessed with the fact that I am standing with PM Skerrit–you started this early last year; it is your futile and weak defence against the fact, that you cannot make up my mind for me, and I allways have victory against you.
And yes! I am speaking to you, Francisco Telemaque, it is you who is doing this –you are a liar, an imposter, and a madman on this site–I pity those who keep telling you that they agree with your carnal sentiments, by giving you those thumbs.
You are now at 0-4 in the thumbs rating box–mine is number 4 –you are just too damn stupid and insane
Also you need to change you idea a bit, you write the same thing all the time–I write to the article’s theme
Go find some work, Lazy ! You’re proud to live on welfare? bet you can’t afford a ticket to come home.
RealTalk June 4, 2016
I am glad to know that you want me at home so much–yes I can afford an airpalne ticket to fly home –so then I hope that when I am there, you will be the first to welcome me.
And Just to let know that I worked for 30 years in Canada, before my hearing impairment forced out of the employment world. I am entitled to Government support for that reason.
However I give thanks to Francisco Telemaque for speaking those lies, which you people now have, about my personal Life; now he has the nerves coming here in my defense with his \”LEAVE THE LADY ALONE, when he is the one antagonizing me all over this News Site.
However my personal Life is none of your damn business to speak to speak here; I suggest that you keep your rudeness to yourself whoever you are!
Mr Leblanc and company you deserve commendations for taking a stance against Tony Astaphan who like a crow passes over and dump his waste all over our heads. Then he return to his Florida home.
On the other hand I ask why it is thatthings must reach our door step beforewe stand up.
This bullism by Tony Astaphan is not new and many have stood by and allow Tony with Roosevelt Skerrit to rail road the people of Dominica.
If the JCCCS accept that crap well….
These guys should move speedily to court to stop that project.
Enough corruption.
Come on guys work for us. You have them where it hurts.
They trying to reduce everything to politics as usual to fool the idiots in the country as usual
This is not about LABOR AND NOT ABOUT UWP!!!!!!!
This was done to the Dominican people, the Dominican companies and the Dominican economy.
No MOU, no well written document from Senor Counsel can take away the injustice that was done.
Of course a project can be awarded to an overseas company but let them go through the bidding process.
Give the Dominican companies a fair chance to put in a bid. Why bypass their talent and take away money that would help the economy!!!!
If we do not take a stand on this project, the injustice will continue!!! We can stand idly by or we can say ENOUGH!!!!!! GIVE THE DOMINICAN COMPANIES A FAIR CHANCE IN THEIR OWN COUNTRY!!!!
I am in agreement with you.
Lord God,please deliver Dominica from Tony Astaphnan.
Somehow, i strongly feel That This Tony is one of the biggest problems in the country.
Is he satans right hand man to bri g confusion and division in the cou try.
Skerrit,you need to stop.
you are not invincible. There is one greater tban you.
Dominicans, let us pray
pray that God will deliver our country from the hands of evil and wicked men.
A Contract signed because of an EMERGENCY due to the effects of ERICA on the bridge.ERICA was ten months ago and the bridge has been in CONSTANT use since then.NO EMERGENCY.
An MOU is NOT a signed and agreed CONTRACT .Just a memo of understanding.
Tony takes us for a bunch of fools and indeed we are for accepting the TOTAL CRAP from this government for the past ten years.
What emergency? What effing emergency? Up to this present moment there is no notice restricting the number of vehicles on the bridge, nor any restriction on the weight of vehicles traversing the bridge. So how did this As-taphan man convince himself that replacing the bridge without tender was an emergency? Wouldn’t an emergency dictate that the bridge would be closed? And even if it was closed because of structural issues, there are many other bridges crossing the Roseau River. Hell no! This is not an emergency!
Any lawyer worth his/her salt knows that an MOU does not imply a legal commitment, is not legally enforceable and therefore does not constitute a contract. It is merely an indication of intent. In fact under international law, an MOU, bi-lateral or multilateral between countries, does not become enforceable until- & unless it is subsequently ratified.
S.C. will never be the loser because whether Govt. wins or loses this case, he will get paid, from the public purse. He is the ultimate beneficiary of this dispute.
But Astaphan said the MOU has been, what he described as “a notorious fact of public knowledge” and the matter was disrespectful.
“Well I think that is disrespectful, for one, it is extremely contradictory, you are not sure what the government is saying is true, you want documentation from the government to prove what they saying is true, when it was a fact, a public fact, a fact recorded in the media that the government had executed a Memorandum of Understanding for the redevelopment of Roseau including the reconstruction of the West Bridge , that is a notorious fact of public knowledge,” he argued.
Is tony really using that argument? This guy is either crazy or really convinced Dominicans are idiots. Demanding a public document from any PM is not a threat. It iishis/her resposibility to provide to the public. If he is using that argument then Skeritt and his ministers have proven themselves to be pathological liars. Their public records and utterances are thier for legal pickings
Where is love for country when u bypass your people and give work to foreigners, seems it is your habit, first was with china now bajans. U always talking about you stayed in Dominica instead of migrating best u left cause u do nothing for Dominicans.
Smh, has anyone commented on the absurdity of this new design. Where’s the security for the pedestrians. This is only a reproduction of what exist with no true vision. If we’re gonna build new why not do it right.
I am not a champion of Roosevelt Skerrit but I do like this bridge design. This is not a high speed bit of road and the pavement provided on either side is adequate in my view. Certainly better than the exisiting one, which you do not mention.
Looking at the image I believe the security lies in the height of the pedestrian walkway as compared to the road. The security issues would be the same as on the sidewalk of any road.
Typical of the UWP; make allegations against people and expect the accused to give them the evidence that they are supposed to have even before they can make an accusation. Remember the bugging issue, the dual citizenship issue, not to mention the Layou River Hotel issue. Now this one! These guys are just NON-smart!
But you are very smart? You are just a common beggar!
Disrespectful
AA seeing that you are a high society, aristocratic individual, why would you even bother to respond to a common beggar? Is it because your dream is to become the King that this and other common beggars should come to, to beg for your scraps?
People like you hate education and especially people who are educated and to top it off a lot of jealousy of those who have their degree ‘s to show for it, they didn’t have to pay to get it they work hard for it, So you better think of what you are trying to say if it wasn’t UWP the people of Dominica would be still in the dark I’m happy we have men/women who decided to keep educating the people of Dominica.
Dominican get out of your comfort zone and help to protect your Island Dominicans in the diaspora cannot do it from there but they will support any action you take so don’t be afraid get moving, I heard a caller suggesting that people should come down at the bridge and stand in solidarity with the JCCS’
Roseau; and the people around Roseau should be at the bridge, and the people of Marigot, Wesley. Atkinson and others should be lined up from the Hospital to the Airport people it’s time no yelling just sanding up for justice on election day Tuesday. POWER to the…
I sense your IQ might be so low that your ability to read and comprehend is impaired; you are retarded, and living in a demented state: and so I draw your attention to the following, respond and tell me if all you read in the following spells UWP.
You see how dumb and stupid you are?
“A number of entities including the JCCCS, the Dominica Freedom Party, the opposition United Workers Party, the newly-formed People’s Party of Dominica have raised concerns over the project with some alleging a lack of transparency and saying the contract was illegal.
On Sunday, May 22, at a Dominica Labour Party (DLP) rally in Scotts Head, Prime Minister Roosevelt Skerrit said his ‘intelligence’ has shown that ‘operatives’ of the United Workers’ Party (UWP) were planning to stall the project solely to score political leverage.”
Francisco you should really consider checking into an anger management facility ASAP!
@Bagaila Bande June 2, 2016
I agree with you! I have only been for the past 7 years (2009); but I am a good learner and observer.
The tactic of the opposition is all the same. They don’t know nothing, they don’t have anything, and they are not sure of this, that, and the other thing.
They oppose everything, they want to do their own thing, but their strength is lesser than the weakest thing. And yet they are going to court, knowing they are going to defeated, because they cannot prove why they have objected to certain things–good Lord!
Elizabeth, you are full of useless fart; you and the idiot you are supporting! If there is a legal protocol to follow when government contracts are given, and Skerrit did not follow the protocol, what is so difficult for even an idiot like you to understand that he broke the law; therefore the contract is null and void!
I do not care how many lawyers say the contract is legal, I say it is not, and anyone with commonsense can figure that out for theselves!
The fact remains government does not have the authority to hand-pick any one individual, or company of their choice and give them a contract without giving other companies, and individuals the opportunity to bid on the job; that is what Skerrit has done!
It is mandatory for people to submit their bids; quoting how much they believe the entire project will cost in dollars and cents. When all the bids are in, the government has to review every single bid with reservation not to accept the highest or the lowest bidder…
Continue Reading Elizabeth:
Nevertheless, the more capable in regards to engineering knowledge; and background should be the bidder to whom the contract is awarded.
That is how the business of the people should be conducted. When one hand-pick a firm, it means that there might be conflict of interest: it might be a situation where the person, or persons rendering the contract gave it to their friends expecting a kick- back, that sort of thing is very common in Dominica!
The crocks of the matter is simply this; Skerrit did not follow the protocol, hence he has once again put himself above the law, and so this matter must be taken to court for a resolve, unless Skerrit rescind the contract, and start the bidding over, giving Dominicans and a variety of West Indian nationals the oppertunity to bid on the job.
When they built the present day Government Headquarters, their were no capable building contractors, and building engineers in Dominica to undertake a project of such…
Finally Elizabbeth:
When they built the present day Government Headquarters, their were no capable building contractors, and building engineers in Dominica to undertake a project of such magnitude, so the contract was awarded to Clarence Johnson, an American Company based in Antigua at period of our time, nevertheless; times have changed, our people are more scientifically educated: What happen to all the people in the country who went away and studied and return with Building Engineering Degrees?
If you do not allow them the opportunity to put into practice what the learnt, how will we know what our graduates are capable of doing?
You keep talking crap because you hate Lennox, how can you a professing Christian dabble so much in politics spewing your nasty venom against another believer in God? God is not the author of confusion, your mentality is confused, and hypocritical, leave Lennox alone!
“Headquarters, their were no ”
Let me assure you: “their were no.” I know the difference between there, and “their;” in order for you not to call me out of my name as I have done to you; telling me how dunce I am, and do not know the difference, and when to utilize them.
I only see my left out words, and errors after I submit my comments, so do note I am not an idiot can’t read and oui!
Elizabeth you call yourself righteous. You prople are disgusting. The more you profess Christianity the more evil you are. But then again your evil ways in the past is no different from your current behavior
@ Graceful…..lolzz u really sound like an idiot
What will it take for us as Dominican to understand that we matters. We have need the cash in our country. Lord Lord help us
Mr PM. Just show us the documents to support your claim, and YES it is our dam business because the $18.2 million is money generated from our passport you sold, so we have a say.
The easiest way to resolve this matter; is for the complaints to immediately take this matter into a municipal court.
They should request the magistrate issue a restraining order prohibiting the government and their contractors from proceeding with any work on the project until the facts can be sorted out in a higher court of law!
If indeed Roosevelt Skerrit handpicked and gave a contract to an entity without giving other individuals, and companies, the opportunity to bid on the contract, he Skerrit, and his government would have broken the law of the land governing the issuance of government contracts.
Even if Skerrit the one man government had given the contract to a local entity, or individual while depriving others from bidding that would also be a violation of the law, hence, the matter is at a state where it must be settled in a court of law, or the contract immediately rescinded. If the government believes they did nothing wrong, they should not hesitate to put…
If the government believes they did nothing wrong, they should not hesitate to put their belief to the test in court!
Is the government asking for more time to respond to the lawyers for the JCCCS so that actual physical work on the new bridge can begin and thereby influence the Court’s decision?
If the Government side is so convinced that the award of contract is legal (as they claim) then why are they asking for more time to respond? Are they playing games? Are they indeed the ones playing games?
JCCS’ no more time because I believe they will start the job right under you the first thing to get from the Court is to halt the job ask for a restraining order Mr. LeBlanc get moving with more gusto PM didn’t like that your constituency voted against them and he believe he should punish the people so that’s why you all must continue your fight and I hope the people of the constituency come out in large support Dominica belong to all of us.
Why don’t they sit in their office and do the people’s work?
Really prime minister. When will you grow up? You all have been playing this political games right from the beginning.It is time you and your puppet master stop taking us for a ride. Dominicans are educated . and even if some are not their kids are. They are even more educated than the baffons you call ministers.whose job description is to read speeches and attend functions which their staff should be attending ,while they sit in their pffices and do the people’s work. They became ministers not because they are educated, but because they were popular. That is why the country is going to the dogs. You all are calling for everyone to be educated yet we have a bunch of uneducated ministers running the country. That is Dumyinca ‘s downfall and that is why Mr tony thinks he can fool both your party and educated professional as well.Don’t you see Tony is going to be your downfall mark my word. How well do you think you know him?Bob Marley.
DNO, there is no controversy, because the plaintiff in the matter said they would not like it to be played out in the media, but, you are bent on destabilized the government, as usual. The contract was done legally. You can continue with your bias and gutter journalism, to rouse up your base, however, we know facts from fiction.
Stop that nonsense not because you are receiving hand outs from the 1 man Government does not mean that others should sit back and pin away people like you make me sick you cup will be empty so don’t worry collect all that you can for now time will tell, And JCCS” shows that they are not taking a stand because of politic and I agree with him on that.
Are you a crazy person. So when tony makes statements on air what is he doing? Isn’t he playing it out in the media? In as much as this thing was brought to the public in the first place suggests that it will be played out there. In any case this is a matter of national concern which the public and the media are rightly supposed to take an interest in and be more vocal about. This dirty political game of skerritt and tony to do things incorrectly and then claim destabilisation when the people ask questions must stop. If things are done correctly from the get go then no one will have reason to question.
DNO did you mean June 2 or July 2, for government to respond?
Regardless of the date given you can clearly see The Joint Consultative Committee on the Construction Sector (JCCCS), are a set of jokers that are afraid of Skerrit. Initially they gave them until May 25, at 4Pm to respond and now they backed away to July 2? A bunch of weak players that can’t act.
The JCCCS, should have known by now that it’s hard to beat an opponent when they have home court advantage. Skerrit doesn’t only have home court advantage here, but he owns the judiciary, and anything that has to go through the court is a clear win for him and his corrupt team. Do we have justice in Dominica? Not anymore as the police, that investigate and the judges that adjudicates, are all owned by Skerrit, even if they say no we no better
No one, whether is the opposition, the Union or the JCCCS can win Skerrit at the court or through ballots. So if we want to beat him we plan the only option that’s available to…
Astaphan, what are you talking about disrespectful? It is you and Skerrit that are disrespectful. Almost on a daily basis you and your master disrespect the people of Dominica in trying to belittle them. You know very well that you are not going to win this case, yet still you press on with it, in the safe knowledge that you get paid one way or another. Make no mistake, we the citizens of Dominica will hold Skerrit responsible for waisting our money on projects and court cases like that. Skerrit, your time as PM of Dominica are numbered!
Tony Astaphan, Skeritt, their associates, the whole gang is just bad news for Dominica. If them man really love their country the best thing they can do for it right now is resign. They’re like a sick Cancer eating into our bones like wood is being destroyed by termite
I don’t care who gets the contract. I just want it to look like the photo and real soon too!
NO, you don’t care and stop being ridiculous and artificial with your comment.
JackAss!!! You don’t care who get the contract.