Ramon Gaskin has approached the Full Court seeking orders to have the Synergy contract quashed a few days after acting Chief Justice Ian Chang denied the application.
Gaskin, in the application to the Full Court, called the Chief Justice’s decision in the case “erroneous” arguing among other things that Justice Chang failed to exercise his discretion according to judicial principles. The Chief Justice said no evidence was presented to support the case nor was the court persuaded that the public good would be served.
Gaskin was seeking an Order or Rule Nisi of Certiorari for the Ministry of Public Works and NICIL to defend the Amaila Falls road contract awarded to Synergy Holdings. He filed the application through his lawyers, Rex McKay SC, Fitz, Neil Boston and Christopher Ram. Justice Chang had refused Gaskin’s application on Monday last.
Gaskin made the application on June 10, in his capacity as a citizen of Guyana. He argued that the US$15.4 million Synergy contract was unconstitutional and in breach of articles 212E to 212FF of the Constitution, the Procurement Act 2003 Act. No.8 of 2003 and regulations made thereunder.
He was also seeking an order or Rule Nisi of Prohibition directed to the Minister of Public Works and Communication and the Executive Director of NICIL to show cause why they should not be prohibited from taking any step in connection with the performance of the said contract awarded to Synergy on similar grounds.
But the Chief Justice ruled that the primary basis for making the application might “well have been a genuine disapproval of the personality of the successful bidder…” rather than a concern that the tender procedures might not have been adhered to. He said the capacity of Synergy to execute the contract may understandably be a matter of some public doubt and concern-especially since it involves work to the value of US$15,400,000.
