-legal action could follow
Attorney General Anil Nandlall SC says he is reviewing the contracts connected to the long-delayed $1.4 billion Port Kaituma stelling and legal action could follow if there is evidence of negligence by the contractor, the supervising consultants or the Ministry of Public Works.
The project which has languished for years under the Ministry of Public Works has come into focus as its incompletion meant that the newer ferry MV Ma Lisha could not dock there, requiring the use of the 87-year-old MV Barima which capsized on July 18 killing 73 persons with another 30 missing.
Speaking on his Facebook programme Issues in the News, Nandlall linked the review to the government’s wider response to the MV Barima disaster and the continuing investigation into its causes.
“The Attorney General is also looking at many, many other things, including reviewing the contracts in relation to the wharf that was supposed to have been completed at Port Kaituma,” he said.
He added that the review would determine whether legal proceedings were warranted if, in his opinion, there was evidence of negligence “either on the part of the contractor, the part of the ministry or on the part of those who are employed to design and supervise the project.”
Nandlall did not identify the specific contracts under review, indicate when the exercise began or gave a timeframe for its completion.
The construction contract for the Port Kaituma stelling was awarded to International Import and Supplies on December 30, 2022, following a public tender. Caribbean Engineering and Management Consultants (CEMCO) was responsible for the design and supervision of the project.
The new facility was intended to accommodate the India-built MV Ma Lisha, which was acquired to improve passenger and cargo transportation between Georgetown and the North West District.
In March 2024, the Department of Public Information reported that the project was 85% complete and was expected to be finished by April 17 of that year. Public Works Minister Juan Edghill had earlier said that the stelling, along with works at Kumaka, Morawhanna and the Kingston Goods Wharf, should have been completed by the third quarter of 2024.
However, construction was halted after fissures appeared in the backfilled section of the structure.
International Import and Supplies subsequently said the project had been approximately 90% complete when the fissures were observed during the casting of pile caps in February 2024. The contractor maintained that it had built according to the designs and specifications supplied and blamed the failure on deficiencies in the original design.
An independent review commissioned by the ministry led to a revised design incorporating longer and thicker piles and tie rods.
In August 2024, Edghill confirmed to the Sunday Stabroek that CEMCO had acknowledged flaws in its design. He said investigations had examined the steel used and the geotechnical conditions at the site. Tests conducted overseas found no defect in the steel, and Edghill said the problem was associated with movement at the site which had not been adequately considered in the original design.
At that time, the minister could not say whether the remedial works would result in additional costs to taxpayers or who would bear those costs.
The stelling remains incomplete two years later.
Several arms
Meantime, Nandlall said several arms of the state were separately addressing the disaster and its consequences.
“We are determining the causes of the tragedy. The state has many arms and many different apparatus that are at work,” he said.
He noted that the police and Director of Public Prosecutions had taken action, while the Commission of Inquiry was conducting a separate investigation. The ministries of Health and Human Services were also providing assistance, he said, and President Irfaan Ali had established the HEART Initiative to offer immediate and long-term help to survivors and affected families.
The Attorney General said the inquiry would examine culpability, maladministration and ministerial responsibility.
“The COI will determine culpability and will look at the evidence and will make findings and recommendations in relation to ministerial responsibility,” he said. “All of that is set out in the terms of reference.”
Nandlall accused the opposition of pursuing a “political vendetta” through its demands for the resignations of Public Works Minister Juan Edghill and Minister of Public Utilities and Aviation Deodat Indar.
“All they want is the two ministers,” he contended, adding that a “responsible opposition” could have participated in efforts to assist those affected by the disaster.
The Attorney General also said further criminal charges remained possible depending on the evidence gathered by investigators or the inquiry.
“More may be charged, for all you know, after the Commission of Inquiry or even before,” he said.
Nandlall noted that the inquiry could not take over the statutory functions of the police, the DPP or other state agencies.
Three MV Barima crew members—Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson—have been charged with 73 counts of murder each and remanded to prison. The charges have triggered protests and demands for their release.
Addressing those demonstrations, Nandlall said he was not disputing the right to protest, but questioned their objective and contended that permission should first be obtained.
“I am not saying at all that persons do not have a right to protest. I am a protester myself. I have protested,” he said.
“But, first of all, you ought to get permission. When I protest, we get permission… We comply with the law when we protest.”
He added: “Why are you protesting? That is the point I am making. What is the purpose of the protest? I am not sure what is the purpose.”
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