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Questions abound with that $1billion settlement with BK
Dear Editor,
It is with much interest that I read your lead story in yesterday’s edition of Kaieteur News headlined “BK gets $1B settlement with Govt.” Much interest as it raises several questions.
According to your story, BK International went to court last year after the then Government terminated its contract at the Haags Bosch landfill. BK responded by filing a lawsuit seeking to overturn the decision to terminate. During the ensuing court case, the Government argued that it had the right to terminate the contract and BK had no recourse as it was a private contractual arrangement. That much I can gather in my layman’s mind.
In late November, Chief Justice (ag) Ian Chang handed down a decision which in essence says that BK had the right to a judicial review…in other words an appeal of the termination.
A few months later, the present administration decided to settle the matter for $1B.
The offices of the Attorney General/Ministry of Legal Affairs were instrumental in striking the deal. We hear of no word of the settlement/deal from the administration.
I have several questions that I hope your newspaper will seek to provide answers.
I had a look at the court decision by Justice Chang and that settlement and there are a number of glaring things.
Representing the Government- the respondents- was Ms. Arianne McLean.
I understand that a relative of Ms. McLean, Sita Ramlal, works at the AG office and played a key role in helping to draft the settlement. I am not sure if this should be considered a conflict of interest or just plain improper. Secondly, Guyana should know who made the decision to settle and based on what criteria? Was the Cabinet of Minister involved? Did they know of the settlement? Or was it just that Ministry involved?
I have never heard of another settlement of this nature. Who were the legal minds involved? If consecutive Governments had a problem with the manner in which BK handled the Haags Bosch project why was there a rush to settle? One billion dollars is not “jokey” money. We have a tough year ahead of us. We will be short of cash. On the issue of transparency, should not a matter of this nature be brought before the floor of the National Assembly? Mr Editor, I am asking your well-read newspaper to seek some answers and to maybe tell this Government that it should not be business as usual. There was a change of Government for some good reasons.
Almost one year has passed. Just four years remain.
K. Persaud
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