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Delta petroleum gets green light to access seized fuel & tank

Left is Regional General Manager for Delta Petroleum, Bevis Sylvester. Right is Commissioner of Customs, Wade Smith. Photo: VINO/File
The Eastern Caribbean Supreme Court of the Virgin Islands has ruled in favour of Delta Petroleum (Caribbean) Ltd in a Civil Appeal granting the fuel company permission to retrieve and use the fuel and tanker seized by Her Majesty’s Commissioner of Customs. Photo: VINO
The Eastern Caribbean Supreme Court of the Virgin Islands has ruled in favour of Delta Petroleum (Caribbean) Ltd in a Civil Appeal granting the fuel company permission to retrieve and use the fuel and tanker seized by Her Majesty’s Commissioner of Customs. Photo: VINO
ROAD TOWN, Tortola, VI – The Eastern Caribbean Supreme Court of the Virgin Islands has consented to an application agreed to by Delta Petroleum (Caribbean) Ltd and Her Majesty Commissioner of Customs granting the fuel company permission to retrieve and use the fuel and tanker which was seized by Her Majesty’s Commissioner of Customs.

The civil appeal was heard by Honourable Justices of Appeal Louise Blenman, Ola Mae Edwards and Davidson Baptiste, having been entered on September 23, 2013.

The appeal entered by the company had sought a stay of execution of the judgment of Justice Vicki Ann, Ellis, which was delivered on February 14, 2013. According to the consent order, the respondent/applicant may convert the petroleum condemned as fortified by Ellis into money by way of sale.

This means the Commissioner of Customs shall by license enable Delta Petroleum to use the tank condemned as forfeited by the aforesaid judgment of the court.

The said tank is to be available for use by Delta Petroleum (Caribbean) Ltd to supply electricity to the Territory pending the outcome of final judgment of the Court of Appeal in Civil Appeal No 2013/0008.

The court has, however, ordered also that the Commissioner of Customs must hold the proceeds of the sale and bond, lease or lease or licence (or by whatever other means the court deems appropriate) in an interest accruing escrow account in accordance with the Public Finance Management Act, 2004 and thereafter, the Commissioner of Customs shall deal with the said proceeds in accordance with the final judgment of the court of a Appeal in Civil Appeal No 2013/0008.

Delta Petroleum was granted fourteen days from the granting of the license to properly prepare the tank for the storage and the supply of fuel to the BVIEC.

There was no order as to cost.

This order was seen as a major move ahead for Delta Petroleum (Caribbean) Ltd as they have been constantly banging at the doors of the Appeals Court in pursuit of the consent order.

13 Responses to “Delta petroleum gets green light to access seized fuel & tank”

  • ... (31/10/2013, 09:45) Like (0) Dislike (0) Reply
    my money sill on wade
  • weed (31/10/2013, 10:03) Like (0) Dislike (4) Reply
    Old habits die hard.
  • Blah Blah Blah (31/10/2013, 10:33) Like (1) Dislike (1) Reply
    bevis gone again
  • Mr. Detroit (31/10/2013, 12:08) Like (6) Dislike (0) Reply
    This is much to do another nothing..hope Mr. Smith does not let the NDP use him for nonsence
  • wise up (31/10/2013, 14:17) Like (0) Dislike (0) Reply
    them look like brothers; way to go bevis....i hope wade take his customs officer to the court as wel !!! wade for district 5 come 2015
  • fuel browser (31/10/2013, 14:24) Like (7) Dislike (1) Reply
    And the winner is (drum rolling) BEVIS SYLVESTER!!!
    • @ fuel browser (31/10/2013, 18:47) Like (0) Dislike (0) Reply
      the fat lady aint sing yet so do not get ahead of yourself
  • farmer brown (31/10/2013, 14:27) Like (0) Dislike (0) Reply
    ok next!
  • anmarie (31/10/2013, 16:04) Like (0) Dislike (0) Reply
    nice smile guys
  • bamsee (31/10/2013, 18:43) Like (5) Dislike (0) Reply
    These two men may end up running together with the same party.
  • . (31/10/2013, 22:41) Like (0) Dislike (0) Reply
    heckel and bloodclaat jeckel
  • Not a lawyer (01/11/2013, 06:10) Like (2) Dislike (0) Reply
    I am not a lawyer - but surely all that this means is that rather than have the fuel sit there it can be sold the proceeds of which the government will hold onto until a final decision on the case has been made. Bevis nor Delta have won nothing as yet. Can someone with some sense confirm if I am right?
    • legal team (01/11/2013, 19:23) Like (2) Dislike (0) Reply
      Not a lawyer:
      You are correct.From all indication there was a reasonable decision to have the fuel sold instead of just having there stagnant.After it has been sold,the commissioner will place a bond on the proceeds.No victory yet for anyone.


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