Agreement reveals direct engagement by Orion Law with BVIHSA
However, an agreement document obtained by this news site from our many sources within the NDP Administration shows that Orion Law and the BVI Health Services Authority had engaged in a direct agreement.
In an engagement agreement dated June 2, 2014 signed off by both Orion Law and The BVI Health Services Authority it detailed the services to be provided and the terms of such services.
The Agreement with Orion Law
According to the Terms of Engagement Orion Law promised to keep the BVI Health Services Authority “properly informed from time to time of the conduct of any instructions and will do so either by letter, email or telephone whichever means is most convenient or expedient for the purpose.”
In no 5 of the Debt Collection agreement between Orion Law and the BVI Health Services Authority it was stated that “it is the policy of Orion Law to state the nature of the legal services that we will provide for you as well as to specify the fees for those services. Fees may also depend on the novelty or complexity of your legal issues.”
The direct agreement between the law firm and the Authority also detailed cost of services that the firm will bill for filing suit, cost of demand letters, basic filing fees and that if matters proceeds to trial that the fees will be agreed then.
The law firm, according to the direct agreement, also asked for a $1,750.00 retainer fee in order for work to begin. However “this fee is non-refundable if for any reason whatsoever you terminate your instructions to us.”
In no 10 of the agreement it states “in the event a debtor neglects/fails to respond to our demand and it becomes necessary to file suit, then we will require a further retainer fee of $2,000.00, in each case, to cover the preparation, filing and services of the relevant documents. The Balance of the filing fee will be invoiced to the BVI Health Services Authority at the relevant stage.”
Is the Premier lying again?
It’s important to note that in 2014 when Premier Smith was asked in the House of Assembly by the Opposition about contracts given to statutory bodies he never mentioned Orion Law despite this agreement being in place since June 12, 2014.
However, when he answered the question this year he claimed that they were doing business indirectly through Zolfo Cooper who was retained to assist the Health Services Authority with collection of accounts receivable.
The AG views: Should they vacate seats? Double standards?
When the question was raised by Opposition senior member Hon Andrew A. Fahie at the March 20, 2015 sitting about both Walwyn and Moses not having permission to do business with government, as required by Section 67 (3) (e) of the Virgin Islands Constitution Order 2007 the Attorney General Baba Aziz claimed that Members of the House of Assembly can do business with Statutory bodies without seeking permission because they are not central government.
In other words, both the Speaker and the Minister he claimed did not violate sec 67 (3) (e) of the constitution.
His interpretation was condemned by most in the legal fraternity in the Virgin Islands and the region. A couple years ago, a then speaker of the House Keith L. Flax had to vacate his seat after he took a deposit from a statutory body, the BVI Financial Services Commission, for the rental of office space in his building. At the time it was said that he had not sought permission from the then Legislative Council to do business with a statutory body, now a few years later there seems to be a different interpretation of the same provision in the constitution.
Hon Walwyn told the House of Assembly that he had taken leave from his law firm, however, the Speaker Ms Moses has not commented on the matter.
It remains unclear now that the House of Assembly is dissolved as of today May 1, 2015 how this matter will be addressed with this new information.
Virgin Islands News Online has also been informed that some members of the Opposition have forwarded a letter to Governor of the Virgin Islands John S. Duncan and Premier Dr The Honourable D. Orlando Smith, showing other evidence where Hon Walwyn has been in violation of the constitution through his companies reportedly receiving government payments for services.
The Opposition members are calling on Hon Walwyn to vacate office in light of these "new evidence".
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56 Responses to “Agreement reveals direct engagement by Orion Law with BVIHSA”
Them sitting on a mighty load of cash while people out here can't find jobs and can barely afford their necessities! The revealing have just began!
On the flip side Bishop and his Board been infiltrated lol
Statutory Bodies have been ruled not to be considered Government and were set up exactly not to operate or be a part of government despite where their funding may come from. So legally there is no issue. Additionally we live in a small community. There will always be instances like these.
to plank: ....other companies come in to this territoty and gets large sums of money and that is fine: we have a locally owned establishment making pocket change and being given hell...