Negotiating Delta's Payout

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BVI Platinum News
Mr Wade Smith, Kevin Smith and Dr. Melvin Turnbull

(PLTM) - The Government has selected three individuals to negotiate on its behalf, the compensation payout to Delta Petroleum (Caribbean) Ltd.

The BVI Customs Department's loss to the company in the courts, involves over 240,000 gallons of fuel, which the Customs Department forfeited from Delta's Pockwood Pond facility in September 2012.

Premier and Minister of Finance, Hon. Dr. D. Orlando Smith disclosed that the Government is being represented by a team of three persons, led by Dr. Melvin Turnbull, and includes Commissioner of Customs, Mr. Wade Smith and Mr. Kevin Smith.

He said that the negotiations commenced on April 25th as anticipated.

It is being questioned why a representative from the Ministry of Finance is not on the team, since the payout is likely to be in the millions. However, Premier Smith has stated that they chose persons who are best able to negotiate, and who will report back to the Minister of Finance.

He went on to state that the members of the team were agreed upon by the Ministers of Government, and were selected based on their specific acumen and technical competencies.

Last month, it came to light that Government incurred some $71,000.00 in legal fees as the Customs Department suffered its final loss at the Privy Council, when on October 17, 2016, it upheld the decision by the Court of Appeal in January 2014, which had ruled in favour of Delta.

It was the Customs Department who had moved to the Privy Council back in April 2014, seeking for the Privy Council to overrule the Court of Appeal's decision.

Delta was accused of off-loading a shipment of fuel without the presence and knowledge of the Customs Department. However, the company had stated that the basis of the seizure by Customs was the failure of Delta Petroleum to comply with certain directions previously issued by the Commissioner of Customs, Mr. Smith, and not a failure to pay custom duties on dutiable fuel; as such, the seizure was unlawful.

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