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Hon Fahie wants to know price tag for Delta Petroleum court win!

- The National Democratic Party Administration is expected to payout millions to comply with Privy Council case won by Delta Petroleum (Caribbean Ltd)
Delta Petroleum Regional General Manager Bevis A. Sylvester, left, has lamented that because of the unwillingness of the National Democratic Party (NDP) to settle the matter out of court the administration of Premier Dr The Hon D. Orlando Smith (AL), right, has to now fork up tax payers money. Photo: VINO/File
Left: Opposition Leader and Virgin Islands Party Chairman Hon Andrew A. Fahie (R1) will be asking in the House of Assembly on April 18, 2017 about the price tag on the Delta Petroleum fuel seizure case. Right: Commissioner of Customs Wade N. Smith. Photo: VINO/File
Left: Opposition Leader and Virgin Islands Party Chairman Hon Andrew A. Fahie (R1) will be asking in the House of Assembly on April 18, 2017 about the price tag on the Delta Petroleum fuel seizure case. Right: Commissioner of Customs Wade N. Smith. Photo: VINO/File
Delta Petroleum (Caribbean) Ltd is expected to be paid millions for their court win against the Government of the Virgin Islands. Photo: Internet Source
Delta Petroleum (Caribbean) Ltd is expected to be paid millions for their court win against the Government of the Virgin Islands. Photo: Internet Source
ROAD TOWN, Tortola, VI- The United Kingdom Privy Council recently upheld a decision by the Court of Appeal in January 2014, which had ruled in favour of Delta Petroleum (Caribbean Ltd) in the case involving over 240,826.88 US gallons of petroleum which the Customs Department of the Virgin Islands (VI) forfeited from Delta's Pockwood Pond, Tortola facility in September 2012.

It was the Government of the VI through the Attorney General’s Chambers who had moved to the Privy Council back in April 2014, seeking for the Law Lords to overrule the Organisation of Eastern Caribbean States (OECS) Court of Appeal's decision, which Delta won.

However, in a big blow to the Government, hence the Customs Department, the UK Privy Council- the British Overseas Territory’s  final court- ruled that they were satisfied that the OECS Court of Appeal arrived at the correct decision. It has not been shown, for the purposes of section 30 (1)(a) of the Customs Act, that goods “subject to duty on importation” had been “unloaded or removed without payment of such duty,” the judgement reads.

The VI final court concluded that Government’s appeal must fail. Delta Petroleum was represented by Sir Fenton Ramsahoye QC and the Government of the VI by James Guthrie QC.

Bevis A. Sylvester speaks

Speaking for the first time last month on the matter, Delta Petroleum Regional General Manager Bevis A. Sylvester said he does not view it as a victory for his company but rather he is “sorry for the tax payers of the Territory.”

He was at the time commenting on the case in which the Government of the VI will have to fork up millions to Delta Petroleum (Caribbean) Ltd, after the Customs Department received a big blow at the level of the Privy Council last year Monday, October 17, 2016.

The people need answers- Hon Fahie

In addition, Opposition Leader and Virgin Islands Party Chairman Hon Andrew A. Fahie (R1) will ask Premier and Minister of Finance Dr The Honourable D. Orlando Smith (AL) about the price tag on this case.

The Questions will be posted on Tuesday April 18, 2017 at the Sixth Sitting of the Second Session of the Third House of Assembly. Hon Fahie wants to know the total legal, specialist and other professional fees/costs to Government for the case against Delta Petroleum for which the Government lost in the Privy Council, and a detailed breakdown of the costs Government is expected to pay for the services listed above.

Furthermore, the Opposition Leader is seeking answers of a detailed breakdown of the approximate costs Government is expected to pay to Delta Petroleum, and whether Cabinet approved the funding for the legal and other professional costs for this matter and if yes how much and at what stage(s) were these costs approved and incurred.

Hon Fahie also wants the public to know what Cabinet approved as it relates to this case and when discussions with Delta Petroleum and the Government of the VI, in reference to the Privy Council’s ruling on the mentioned case, is expected to commence.

I tried to settled but was ignored- Sylvester

Mr Sylvester said he tried his very best to settle this matter out of court, but no one was listening to him. The former Budget Coordinator at the Ministry of Finance with the Government of the VI said he met with government senior officers, “the Premier, the Financial Secretary and Ministers of Government on the matter when it just started but for some reason everyone ignored the case, now it will cost tax payers millions of dollars to settle the matter.”

He insisted that the huge lawsuit and millions to be paid to his company by Government could have been avoided and his heart goes out to the people of the Virgin Islands as it’s no victory for Delta, as he “pays taxes in the BVI too”.

Additionally, Mr Sylvester said Delta Petroleum was treated “very badly and cruel by the Government” as described by the Privy Council, and there was no reason for this.

33 Responses to “Hon Fahie wants to know price tag for Delta Petroleum court win!”

  • DON Q (11/04/2017, 19:15) Like (14) Dislike (0) Reply
    Another ndp blunder
    • @ Don Q (11/04/2017, 21:56) Like (1) Dislike (1) Reply
      By now we should be used to in recklessness management of our monies
  • bevice (11/04/2017, 19:48) Like (2) Dislike (2) Reply
    "blah blah blah"
  • Esther (11/04/2017, 20:10) Like (3) Dislike (14) Reply
    From time to time a Gov will have losses as well as gains. Preparing for all possibillities is important. NDP is doing just that by making every effort possible to generate more income for the Treasuryfrom varied sources.
    I applaud this Gov with foresight and vision, inspite of the noise.
  • smdh (11/04/2017, 21:17) Like (11) Dislike (1) Reply
    The Minister of Finance could have avoided this financial disaster.
  • if (11/04/2017, 21:19) Like (11) Dislike (2) Reply
    If the Premier was a real leader then this could have been stopped and save tax payers millioms.
  • well well well (11/04/2017, 21:22) Like (16) Dislike (1) Reply
    The ndp really bankrupt the BVI. DELTA $30 mill; School wall $2 million; Cruise Pier $100 milliom; new library location $1 million; I will stop there for now.
    • wize up (12/04/2017, 01:04) Like (4) Dislike (9) Reply
      @ well well well: what about the continuous huge monthly payments to Biwater(just asking!!!)
      • @wize up (12/04/2017, 06:38) Like (6) Dislike (2) Reply
        Ndp in there long enough to had fix that if they really wanted to
      • @ wize up (12/04/2017, 07:09) Like (9) Dislike (2) Reply
        Its 3 times less than what they paying ocean conversion fact!
        • wize up (12/04/2017, 08:26) Like (1) Dislike (2) Reply
          @@wize up: you forgot to add(this was a paid political announcement) to the end of your blog!!!
      • Jack Daniels (12/04/2017, 13:17) Like (2) Dislike (1) Reply
        Wize-up, there are no monthly payments made to Bi-Water, remember the NDP sold the plant to one of their cronies. So check and see who the monthly payments going to
  • thank you (11/04/2017, 21:25) Like (20) Dislike (3) Reply
    I know some doesn't like Fahie but I say thank God for him because he is a fearless young leader that is the voice for the many voiceless and fearfull.
  • BULLY (11/04/2017, 21:30) Like (8) Dislike (2) Reply
    That's what we get for having this bully ndp government in power. They respect no one & thinks they can destroy anyone that challenges them at the expense of we the tax payers.
  • more $$$$$ (11/04/2017, 21:40) Like (9) Dislike (3) Reply
    feel ashamed to call myself a voter..this government need to apologize to we the people
  • 1 (11/04/2017, 21:42) Like (9) Dislike (15) Reply
    Wade should be the first to go.
    • Silly (12/04/2017, 06:47) Like (11) Dislike (6) Reply
      If you follow the laws and the Office of PP can't deliver on their end what you want Wade to do? T
  • The Demonic cat (11/04/2017, 21:53) Like (6) Dislike (2) Reply
    What is wrong with this administration. Their ignorance knows no bounds. Why could not they have listen and saved us millions?
    • Jacperlance (12/04/2017, 05:16) Like (8) Dislike (0) Reply
      @ The Demonic Cat, their brains are too big, they to bright so they don't have to listen to no one they knows it all. We have some heads of departments in this VI, they pretend to know the law, they read it and pick out what they think suits them best, but they really cannot interpret the law. Interpretation is key in any laws passed here in the VI. This was an unfortunate blunder by the Customs Department. It left one to wonder, why after the Court of appeal ruling, the AG, chief government adviser decided to move to the Privy Council? That's something to ponder
    • Stupes (12/04/2017, 16:22) Like (0) Dislike (3) Reply
      How is this the Political Government Fault? You people are so F$$kin$ ignorant. That is what is really wrong with this country!
  • Sarah (11/04/2017, 22:07) Like (6) Dislike (0) Reply
    My heart bleeds, my soul cries out for my beloved BVI
  • mava (11/04/2017, 22:11) Like (8) Dislike (3) Reply
    If this behavior from government is any indicator of how things work in the ndp administration for which Bevis speaks about he went to all but they did not take him on, once again I say "God help us."
  • Inquiring mine (12/04/2017, 08:23) Like (1) Dislike (2) Reply
    I guess this makes all social victims of this unjust and corrupt Government and brand of laws
  • WestMan (12/04/2017, 11:09) Like (12) Dislike (5) Reply
    Fahie needs to tell the people what he will do as Premier if he gets there,instead of worrying about other people problems.Build your team Fahie you wasting air time..Be a Wise West Man like H L and lay out your plans for the future of the country and you will get more mileage..
    • wize up (12/04/2017, 13:06) Like (1) Dislike (3) Reply
      @ WestMan: you are 100% on point: some of us not interested in the old talk: some of us wants to know about the future; what plans are there for our grandsons and granddaughter...there is no need to remind some of us about the past because we living through those issue issues all now.. some of us will like to know who can carry our territory forward into 2030 and beyond but all we keep getting is what went on in 2006: somehow no one sees it fit to bring new legislation to the table; I am talking about legislation that will stamp out government corruption because all the old talk right now is mismanagement of our tax money: no new legislation to fight against crime but talk and more talk about the treasury!!!!!
    • @westMan (12/04/2017, 14:28) Like (3) Dislike (0) Reply
      Your statement is built on ignorance. What Fahie is asking about is every tax payers business. Also Fahie as Leader of the Opposition has the responsibility to hold the government's feet to the fire in terms of accountability. Fahie as leader of the VIP with his team will bring their plans for the future forward but there is time for that. So try get away you fake westman.
  • @esther (12/04/2017, 12:05) Like (1) Dislike (0) Reply
    You must be a jenny donkey as your name is female. Obviously this government will have to try and raise funds by whatever means because they have squandered it all. If they have to make public all the unaudited years you wouldn't be singing that tune and furthermore I hope your jack isn't one of these clowns for it seem so. They the real bullies as Mr. Sylvester didn't want to go through the case but that's this administration for you. Let's see if they will win any case in court and you still defend them. Right now they are 0 wins -6+ Loses and the saga continues
  • ann (12/04/2017, 20:55) Like (2) Dislike (0) Reply
    not listening and trying to bully their way through make weak governments feel strong, but accomplish little else.
  • farmer brown (12/04/2017, 20:58) Like (3) Dislike (0) Reply
    I don't want to hear someone say "we need to run our government like a business" ever again after the ineptitude and bottomless ignorance of Mark, Myron, Dr. Smith etc. when it comes to common sense
  • Bev (14/04/2017, 10:23) Like (0) Dislike (0) Reply
    Bevis sure turned out resilient .

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