Grenada Today - May 08, 2004

Deputy Prime Minister Bowen Deputy Prime Minister Gregory Bowen has made the first move to avoid paying compensation to DIPCON ENGINEERING SERVICES LTD in light of the Privy Council judgement awarding the construction company over 17 million E.C dollars in damages against the Grenada Government.

The Attorney-General Chambers, acting on behalf of the State has filed documents in the Supreme Court Registry in an effort to extricate Bowen from the multi-million dollar law suit.

The move comes against the backdrop of a meeting involving a group of local lawyers to go before the high court and get an order for Bowen, along with Prime Minister Mitchell and other members of the government to pay half of the money owed to Dipcon.

GRENADA TODAY has obtained a copy of an affidavit sworn to by Bowen, the former Minister of Communications and Works as late as Tuesday before the Deputy Registrar, Lisa Telesford. "This affidavit is made in support of my application for an order of this Honourable Court that I (be) removed as a party in these proceeding....", said Bowen in the document.

I, Gregory Bowen, Minister in the Government of Grenada, of La Borie in the Parish of St. George's in the state of Grenada, MAKE OATH AND SAY as follows:

(1) I was first appointed as Minister of Works in the Government of Grenada on the 26th day of June, 1995. I held that office continuously until the 3rd day of December, 2003.

My knowledge of the facts and matters deposed herein arises from my tenure as Minister of Works. Such facts and matters, insofar as they are within my knowledge is true, and insofar as they as they are not within my own knowledge is true to the best of my information and belief.

(2) I am aware of an agreement in writing made the 30th day of September 1994, between the Government of Grenada, (hereinafter referred to as "Government") acting by the Minister of Works, Communications and Public Utilities of the one part, and Dipcon Engineering Services Ltd. of the other part. (Hereinafter referred to as the "Agreement").

(3) I am further aware of a written Lease dated 30th September 1994 between the Grenada Model Farms Corporation of the first part and the Government of Grenada acting by the Minister of Works, Communications and Public Utilities of the second part and Dipcon Engineering Services Ltd. of the third part, such Lease being registered on the 14th day of July 1995 in the Deeds and Land Registry of Grenada in Liber 13-95 at page 117 (hereinafter referred to as the "Lease").

(4) I am aware that then Minister of Works, Hon. Joan Purcell, executed both the Agreement and the Lease on behalf of the Government of Grenada.

(5) On or about 4th October, 1995, having taken technical and legal advice, and in my capacity as Minister of Works, I directed the Permanent Secretary at the Ministry of Works, to give written notice to Dipcon Engineering Services Ltd. with respect to their ongoing failure to supply the Ministry with materials in accordance with the terms of the aforesaid Agreement and Lease.

(6) By letter dated 1st November, 1995, signed by me in my capacity as Minister of Works, notice was given, on behalf of Government of Grenada, of termination of the aforesaid Agreement and Lease.

(7) By further letter dated 14th December, 1995, again signed by me in my capacity as Minister of Works, it was reiterated that the Lease was legitimately terminated, but that Government was prepared to set off agreed development costs incurred by Dipcon against amounts owed by Dipcon to Government. That letter confirmed that Dipcon must vacate the leased property by 31st December, 1995.

(8) To the best of my recollection and belief, I did not sign or issue any other document addressed to Dipcon Engineering Services Ltd. with respect to the termination of the aforesaid Agreement and Lease.

(9) Each and every action which I took with respect to the termination of the aforesaid Agreement and Lease, I took in accordance with the authority vested in me as Minister of Works.

(10) At no time did I have any personal interest in the termination of the aforesaid Agreement and Lease. At no time was I, in my personal capacity, a party to either the said Lease or Agreement. At not time was I, in my personal capacity, seized of any authority to act in any matter concerning the said Lease or Agreement. Had I taken any action in my personal capacity, then such action would be a nullity and void of effect.

(11) I have been shown the Affidavit of Vishnu Mungal, Manager of the Claimant Company, sworn to and filed in this matter on 2nd January, 1996, I note that:

(a) at para. 4 it is deposed that "The First-named, Defendant is Minister for Communications and Works and Public Utilities of the Government of Grenada, and,

(b) at para. 15 it is deposed that :On or about the month of June, 1995 then First-named Defendant was appointed Minister of Communications, Works and Public Utilities.

And from reading these statements I verily believe the Claimant was and is aware of my appointment as Minister of Works, and that I was joined as First-named Defendant only in that capacity, and not in any personal capacity.

(12) Throughout these proceedings, I have been of the understanding that my joiner as a Defendant, although not specifically so stated in the Writ and Statement of Claim, was on the ground of my being Minister of Works pro tem.

(13) On the basis of the aforesaid understanding I, have, throughout these proceedings been represented by the legal practitioners for the Crown and have not retained any other counsel.

(14) On 31st July 2001, I swore an Affidavit which was filed in the matter and served on the Claimant. That Affidavit was in support of an intended Summons in Chambers for an Order to remove me as a Defendant. I have been advised and do verily believe that that Summons was lodged in the Supreme Court Registry on 31st July, 2001, but that the Summons was never sealed and returned to my counsel.

(15) I have been shown the Affidavit of Celia Edwards, sworn to on 31st January, 2002 in Civil Appeal No. 11 of 2001, and I noted that at para. 6 thereof Ms. Edwards states that "In light of my instructions to appeal the decision of this Honourable Court, I verily believe that is reasonable and in the interests of both parties (so long as both are willing to act reasonably) that the status quo be preserved pending the hearing of the appeal."

(16) I have been shown the Order of the Honourable Court of Appeal made and entered in Civil Appeal No.11 of 2001, and I note that para. (c) thereof orders "That Suit No.1 of 1996 be stayed pending the outcome of this appeal".

(17) I am aware that a Final Judgement has now been made in this matter, and I have been advised by counsel for the Crown that the Claimant might seek to execute that Judgement against me in my personal capacity.

(18) This affidavit is made in support of my application for an order of this Honoueable Court that I (be) removed as a party in these proceeding, or in the alternative for a Declaration that I am a party to these proceedings, not in any personal capacity but as an officer of the Crown.

(19) I have been advised by counsel that, consequent upon the Judgement of the Privy Council, the stay of proceeding in Suit No.1 of 1996 is of no further effect and that it is proper and timely that the aforesaid application be made.