Brazilian businessman says his actions were legal

Aug 02, 2011 News

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A Brazilian businessman has described reports in the media about his involvement in the ‘invasion and sabotage of sand business by an armed gang in Coverden’, as an invention by his former partner Sri Lankan, Joseph Bhaskaran.
Rodrigo de Paula who was arrested along with several other persons including eight Presidential Guards last week, is adamant that it was Bhaskaran who was trespassing the property at Coverden.

de Paula, in his first interview with the media since his release from police custody, said that Bhaskaran was desperate to get even with him since he, de Paula, had obtained a Court Order to prevent the Sri Lankan and his servants from using the wharf at Coverden, East Bank Demerara.
But the lawyer for Bhaskaran, Sanjeev Datadin, is maintaining that the Brazilian has no legal rights to the property since his tenancy had elapsed since 2009.
de Paula and those who accompanied him to the location in the wee hours of last Tuesday morning, are accused of removing a conveyor belt that facilitates the loading of sand onto barges in the Demerara River.
They are also accused of damaging other equipment after ‘forcefully invading the Coverden property.’
“There was no sabotage or invasion. It was a peaceful operation. The conveyor was being removed by professionals to prevent the continuation of illegal use of the wharf by Joseph Bhaskaran,” de Paula told this newspaper.
According to him, the operation was taking place at 02:00 hours to avoid confrontation with Bhaskaran’s servants who didn’t allow the removal of the belts on previous occasions.
“Everything was legal and I had all documents with me. I have the rights to be on the property and I have the rights to remove the belt which belongs to my Company,” said de Paula, showing documents confirming his rights to instruct the removal of the belt.
According to the Brazilian, Bhaskaran appears to have a close relationship with the nearby Timehri Police Station, adding that the ranks who were summoned to the scene refused to verify the documents that proved the legality of last Tuesday morning’s operation.
He said that he has documents which gave him the full power to instruct the removal of the conveyor belt, as well as documents to show that Joseph Bhaskaran has no authority to use the Conveyor or being at the wharf.
The Brazilian businessman heads the Company Start Metal Trading Inc., which has exclusive rights over the wharf at Coverden.
“I spent the worst three days of my life in a jail with approximately 30 prisoners. I was treated unfairly as a criminal while fighting for my rights. I want justice!” de Paula said, adding that he is still affected by the trauma.
“The trespasser and his servants were the only ones operating illegally but they had the support of some Timehri police to stop the un-installation of the belt and arrest all innocent persons.
“This intruder invented the version that came to the newspapers in bad faith. Now the truth is coming out and the Court will be aware of these facts to take all necessary actions and punish this trespasser against all his acts of illegality,” said the Brazilian.
According to de Paula, Bhaskaran has since reinstalled the belt and continues to utilize the wharf illegally, ignoring the court order.
“I don’t know what else I can do to stop him! I hope this scandal will help me to gather forces to impose the court order,” said de Paula.
The High Court on July 1, last, had granted an Injunction restraining Bhaskaran and his servants from remaining on the property. That matter is still engaging the court.
de Paula said that last Tuesday was not the first time that he tried to stop Bhaskaran and his servants from using the property at Coverden.
On July 3 de Paula hired private security to get control of the property and enforce the Court Order. However, they were met with resistance from employees of Bhaskarran.
He tried again two days later and again he was met with resistance from the employees. He said that he realized that intervention of the police would be necessary.
Four days later he sought the help of Commander of the Police A Division, George Vyphuis, who assisted him by giving explicit instructions to the Deputy Superintendent of Timehri Police Station Mr. Isles to provide support.
Two Policemen from Timehri Police Station were sent to assist de Paula to control the property.
A chain and padlock were inserted on the gate; however, according to the Brazilian, the padlock was destroyed minutes after, in the presence of the police.
After realizing that his efforts were futile, de Paula said that he was instructed to notify the court, even as Bhaskaran continued to use the facility.
This led to de Paula’s lawyers Messrs. R. Satram and C. V. Satram, filing a contempt motion against Bhaskaran, which is still pending.
de Paula, an Engineer by profession,  said that after he learnt that a vessel was expected on the wharf shortly to be loaded by Bhaskaran, he decided to organize the confiscation of the rubber belt of the Conveyor System to cease the continuity of the illegal uses of the wharf.
According to de Paula, the construction of the conveyor system was entirely financed by him and another Director of Start Metal Trading Inc., the Company that has the exclusive possession over the wharf.
“There was no illegality in the removal of the Conveyor nor was the conveyor damaged. The pictures show the conveyor belt of my Company being uninstalled, not damaged,” he said.
“It would make no sense to damage the equipment which belongs to my own Company and which construction was financed by me. Such allegation is ridiculous!”
He stated that all the allegations of violence, invasion, destruction, vandalism, etc; were a fabrication to attract the media and justify the imprisonment of innocent people.
“We were arrested for damage to the property. What damage? What property? Who else has the rights to claim damage to the property and equipment which I have exclusive rights supported by valid documents?”
But contacted yesterday, attorney for Bhaskaran, Sanjeev Datadin, told this newspaper that de Paula’s assertion that he owns the conveyor and is authorized to use it is false.
“He does not have the right and this claim that he is the tenant is also false. His contract as a tenant is over,” Datadin said.
The lawyer explained that de Paula’s company, ‘Start Metal’, which had the original agreement of tenancy with the owner of the land went bankrupt in 2009 and he entered into an agreement with Bhaskaran to set up Guyana Sand Port.
de Paula and Bhaskaran were equal partners in the new company.
Datadin said that it was Bhaskaran who bought the conveyor system and the rent from 2009 was paid by Guyana Sand Port and not de Paula.
“He (de Paula) is liable for damaging property that does not belong to him,” the lawyer told Kaieteur News.
Meanwhile, the Brazilian has said that he had invited a friend to help him with the removal of the belt and also to arrange some extra people to help with the security.
“I didn’t even know the men who came to help me. They came because an injustice was being done to me. People with heart and good faith!! I didn’t care who they were. I just needed a lot of men to feel safe while defending my rights. I feel sorry for involving other people in this private matter,” said de Paula.
He said that contrary to reports in the media, it was he who was assaulted by a relative of Bhaskaran during the operation.
de Paula said he will fight for justice and will ensure that Bhaskaran pays for all financial and moral losses he has caused to all the people involved.

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