Delta Petroleum to file Contempt of Court against NDP Government
We have learnt that Delta Petroleum has given the Government of the Virgin Islands 48 hours to pay the funds or face Contempt of Court proceeding. It is our understanding that Delta has filed a Notice of Motion Committal Order against the Government and others for disobeying the Court Order.
The next step according to court watchers is for Delta Petroleum to file its Contempt of Court Order which can lead to imprisonment of government officials for blatantly disobeying a Court Order.
It remains unclear who will be jailed, whether the Commissioner of Customs Wade Smith, the Financial Secretary Neil M. Smith or the Minister of Finance Dr. the Honourable D. Orlando Smith.
Both Delta's Regional General Manager Mr. Bevis A. Sylvester and the Company’s Attorney Terrance B. Neale of McW Todman and Co, could not be reached for comments. A call to Mr. Sylvester’s office revealed to us that he was overseas on official business.
How it all started
According to information obtained from the court registry which is on the public record on September 18, 2013 the Court of Appeal made a Consent Order which permitted the Customs Department to sell fuel they seized from Delta Petroleum (Caribbean) Ltd., in storage tank No 7 under the Customs Management Act and subsequently declared condemned by the High Court on February 14, 2014 with such Order having been stayed by the Court of Appeal pending the hearing of the Appellant’s Appeal.
The Customs Department pursuant to the terms of the Consent Order subsequently sold the fuel by public auction to the British Virgin Islands Electricity Corporation. The Customs Department did not however provide Delta Petroleum with details of the sale or the account in which the proceeds of sale had been lodged as required by the Consent Order.
Delta Petroleum was successful on its Appeal against the fuel seized by the Customs Department. Upon the determination of the Appeal in Delta’s favour, the government was obligated under the Consent Order to immediately pay the proceeds of the sale of the fuel to the British Virgin Islands Electricity Corporation and all interest earned on same to Delta Petroleum but despite several requests/demands for payment failed and/or refused to do so according to court information.
To date the Government of the Virgin Islands has failed to comply with the mandatory provision of paragraph (d) of the Consent Order requiring them to deal with the proceeds from the sale of the fuel in accordance with the final Judgment of the Court of Appeal in Civil Appeal No 2013/008 according to information obtain from the court.
Hence the notice by Delta Petroleum’s recent filing to the court giving notice about its intention if the government does not pay within 48 hours.
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21 Responses to “Delta Petroleum to file Contempt of Court against NDP Government”
I was not aware that the court was allowed to release such sensitive information to the news without consent!
I told you all that this is going back to court and the thing about it is these are our leaders within our society.
As far as I am concern the only one who suffers from this entire ordeal is we the people so I will continue to collect coins in the most decent way possible.
This government is saying that they don't steal, they emancipate. The past government said that they don't steal, they liberate. Delta is saying we don't steal, we generate.
Remember the Minister who said that it was a steal of a deal and the other Minister saying that it was a DONE deal?
Pay close attention Bloggers cause I don't steal coins, I collect them.
J... Dr. Smith, he is the leader of the country and the minister of finance, the buck stop at him, what a disgrace, the whole NDP qualified for j..., they are a pack h..ligans.