Dump bid lands CIG in court

| 18/05/2013

GTLF 1(2)_2.jpg(CNS): The Cayman government is facing yet another law suit resulting from a decision by former premier McKeeva Bush. Peter Campbell, the local partner of US-based waste-management firm Wheelabrator, which was selected to begin talks with government over a multi-million dollar contract to deal with the George Town dump and manage local rubbish, is asking for a judicial review of the decision to select DECCO despite the results of a competitive tender. Campbell has filed suit against the relevant ministry and premier via the attorney general. However, he has done so alone and not with the US firm, which stepped away from the issue soon after government made it clear it was going to work with Dart. Campbell is seeking damages and a finding from the courts that the decision was unlawful and order government to re-tender the project.

Campbell had said he would take legal action after the well-publicised decision made by the former premier to give the project to Dart as part of the ForCayman investment Alliance. The circumvention of Campbell and his US partner by McKeeva Bush happened even though the deputy premier at the time, Juliana O’Connor-Connolly, had completed a request for proposal within her ministry and the Central Tenders Committee had selected Wheelabrator.

Campbell, who was a founding member of the UDP, resigned from the party early in 2010, some nine months before the request for proposals on the dump was circulated by the Department of Environmental Health.

Campbell had teamed up with Wheelabrator Technologies Inc. to put together a bid, which came in first according to both the ministry's technical committee and the CTC in December 2010.

The law suit filed with the courts on Thursday shows that Campbell was in talks with government over the issue since early last year and, with an agreement from the attorney general, the delay in filing is not expected to impact the legal action.

In his statement of claim Campbell explains that his partner, Wheelabrator Technologies Inc.,  lawfully won the 2010 bid to implement a waste-to-energy facility at the dump in George Town and take over the management of Grand Cayman’s rubbish. However, despite going through a proper competitive tender and being selected to begin talks with the ministry responsible for garbage about how the contract would work, Campbell and his major US partner were pushed aside when the former premier changed the plans.

Bush announced at the Cayman Business Outlook Conference in January 2011, just weeks after the results of the tender were made public, that the dump would instead be capped and remediated by Dart and a new landfill created in Bodden Town as part of government’s mega deal with the local developer.

DECCO, Dart’s construction company, had taken part in the competitive tender and was found to be one of the least suitable bids by the CTC and technical experts, who had gone on to select Wheelabrator, one of the world’s most experienced waste management companies.

Campbell is hoping to overturn the decision, which will further undermine government’s controversial deal with the islands' biggest developer. Campbell claims that the unlawful and illegal decision should be set aside because government failed to comply with the 2010 Financial Regulations and the Public Management and Finance Law, which governs the local procurement process.

The former UDP member stated that he and his international partner had a legitimate expectation that they would be in talks with government to work towards a contract but they never got to the table. Although Campbell indicates that the suit is not alleging corruption, it states that “such conduct by government could spark suspicions.”

In the suit Campbell points to the international reputation of Cayman being at stake when government does not honour its commitment, and a decision in his favour by the courts would go a long way in the new era of transparency to direct government on how to behave.

The ForCayman Investment Alliance deal, which includes Dart’s proposal to relocate the dump, has been stalled as a result of a disagreement between the developer and government over concessions. In an ironic twist, the CEO of Dart has stated recently that the Cayman government should honour its legal commitments regarding that deal over the closure of the West Bay Road, as CIG is risking its international reputation by not doing so.

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  1. 4 Cayman says:

    Sad when the press chooses sides and in my opinion it’s the rich against the poor! Thank you CNS for reporting the facts especially corruption in these islands.

  2. Anonymous says:

    Sorry am a Jamaican-Caymanian Status holder and he will NOT be getting my vote. 

    Sorry I to am disguss with his leadership ways, reminds me of why I choose Cayman over Jamaica..  Not selling out but it's true..

    I feel sorry for the few Jamaicans that are following him and his party as they too will feel that hard work pays off instead of getting a hand out here and there.

    Vote smart Cayman

    Mo-Bay Caymanian voter nuf respect

  3. Anonymous says:

    why does Cayman compass not report anything anymore? Is it indirectly owned by the biggest developer on the islands? Seems so.All their stories have a distinct pro-slant for the developer.

    If not for CNS and rooster to an extent do you folks realise that we would be in the dark as the biggest circulating newspaper is a sell-out. XXXX

    Remember folks without a functioning press we are dead.

    • Anonymous says:

      Cayman Compass has become a Dart propaganda machine. Remember their headline last week- (paraphrasing) 'PWC finds value for money in Dart Deal'. That headline convinced me that this island is in a lot of trouble. The big man is swaying public opinion by influencing the press directly or indirectly.

      CNS journalists should be careful – its getting ugly. We need you to keep exposing these politicos and their henchmen- no matter which party they are from.

      • Anonymous says:

        PWC did find value for money. It’s directly in their report. You obviously didn’t read the report.

  4. Anonymous says:

    Maybe we should be looking at Decco closer….

  5. JJTA says:

    Boycott Dart

  6. Anonymous says:

    Mckeeva fixed ’em all good! Want to ride on coat tails?? Well enjoy the ride. Mac getting back in, and watch wha I say, he is going to destroy alot of reputations for their hypercritical stance towards him. But cant blame him. Wow! This is getting uglier by the minute!……stay tune.

    • Anonymous says:

      That’s rich! Dirty Willie wrecking someone’s reputation?!

    • Anonymous says:

      hypercritical???

      another good UDP speller. As ironic as the Jamaican guy "sweeping" as the Progressives rally went by. No clue that he is actually insulting the incumbents in West Bay on their last 2 days in office. LOL.

  7. Anonymous says:

    Oh my dear Lord! When will this all end. McKeeva is such an embarrassment to the Cayman Islands. I wonder if he has loose some screws in his head. I cannot believe this is happening to Cayman and the point is the majority of his status babies has burnt the candle both ends, house and car in Cayman and "back a yard" same set up while his own people are left here to face the uproar he has caused the poor Caymanian people. I noticed a comment that he is compared to Jim Jomes, you are wrong at least Mr. Jones poisoned the people and took them out of their sufferings, compared to the various strain and hurt he has caused by his over spending and inconsideration to the voters who trusted him to oversee the well beings of this country. Somehow this lawless man has managed to brain wash many good descent people, BUT I know there is a God, who is the only hope we have for the Cayman Islands to return to stability and come Wednesday I am praying that all those poor brainwashed slaves to corruption will be as confused and dumbfounded as those ungrateful children in Genesis 11 who tried to built a tower to Heaven and the Great God dumbfounded them that they did not understand their own language. May He guide every hand to mark in the appropriate place. To all my true born Caymanians let us use our weapons of comfort that has taken us through so many storms and advertisies in life, prayer, hardwork and honesty.  These three words were our foundation handed down to each generation. When all the big world around us overlooked at us as the poor Caribbean slaves, twisting thatch ropes, our men turtling, and we using smoke pans to keep mosquitoes from smothering us, no one wanted to be here, now that our forefathers has ventured their lives to set Cayman on the map every "just come" is stamping on Caymanian as we are stupid and fools. Let Wednesday be a historical day for the Cayman Islands by the grace of our Lord please answer our prayers. To you all the honour and glory!

    • Anonymous says:

      Well said and thank you. We can only depend on Him to guide us back to our roots at this time.

  8. Anonymous says:

    We should build a special prison for these politcal self-centered called "THE PIT" (actually deep open hole in the ground) and throw them in it.

  9. Anonymous says:

    Sounds like other deals where UDP are involved. Such as GLF, Cohen, Boatwains Beach, the Canadian Company improperly selected for Airports Enhancement works (all where the former premier refused to allow proper process to be followed). Wonder why?…asked rhetorically!

    Anything to do with Mac, including payment to UCC in connection with giving him a Doctorate, is completely marred in suspicion of corruption and/or incompetence!

    Imagine calling Mac "Honourable Doctor Bush"?…more like Dishonourable Bush Doctor!

  10. Datisme says:

    Caymans international reputation is just what you would expect it to be after the last few years of the Cayman circus you call government.  Right about where T&C was when the UK had to step in and save them from themselves.  Bush is just the tip of the iceburg.  His tribe of overfed and unemployable bottom feeders are the real problem here. Stop feeding them or they will never go away.

    • Anonymous says:

      The pople of the Cayman Islands need to stop right now and look at the damage done to our country and people by this man.  He is a self-serving individual who must have everyone agreeing with his hare-brained ideas in rder too function.  He needs to run in a competition for who has the loudest voice and never did anything wrong in his life.  He denied having done anything wrong with First Cayman Bank and look at how that ended.  The man is just smart enough to be dangerous, so watch out Cayman.

      • Anonymous says:

        Except as a direct result of anyone standing up to aspects of the almost certainly corrupt status grants, it is no longer the people of Cayman who decide what happens next.

        • Anonymous says:

          Ah I love the smell of xenophobia in the morning, especially when the "foreigners" have the same voting rights as the person complain.  Get over it!  No-one challenged the grants at the time, so you have to accept it.

          • Anonymous says:

            Wrong. They were challenged. It was also worrying that many in the team charged with bringing any corruption charges got grants themselves.   The stories of money changing hands in relation to certain recipients may be only stories, but given everything else we are learning, there seems to be  a ring of truth. 

            • Anonymous says:

              They were never challenged.  The moaners huffed and puffed and proved themselves spineless.

        • Anonymous says:

          Why the thumbs down? Do you really believe that there was no corruption at all in relation to deciding who got status?

  11. WHAT !!!!!!! says:

    Wait a minute are these the Campbel's boys that was hell bent on every radio every tv every plat form with big Mac…OMG he did it to you too..Well I hope you help do it too him Wed and VOTE him and his bunch OUT..

  12. Anonymous says:

    I've never felt anything more than a mild dislike for any political party in Cayman, but when I saw those parading UDP supporters blocking the road by AL Thompson, endorsing the continuation of what appears to me to be rule by crimininality, abuse of power, social divisiveness, political exploitation of the poor, international embarassment, and wasteful spending of the people's hard earned money, I felt a sense of enraged despair course through me. Is this how far Mr Bush has dragged us down? Is there anything he can do to lose his supporters? He reminds me of Jim Jones, who somehow managed to steal his gullible followers' wills from them, and lead them down the road  to perdition. The difference is that with this distorted form democracy under which we all suffer in Cayman, everyone  pays the price. If we sink any lower, we'll just sink.

  13. Michel says:

    I agree to honor their contract instead of going to court and yes let them strat on it a.s.a.p if all is in order. But please deal with the existing dump before even thinking of moving it to B.T. Really ?

  14. Anonymous says:

    Come May 23rd, we’ll know just how many persons in Cayman are suffering from a disorder that leaves them devoid of common sense and analytical skills by the number of votes Mac and his UDP colleagues collect.

  15. Anonymous says:

    I guess Peter and Big Mac is no longer friends…

    • The lone haranguer rides again! says:

      That’s the problem when the pigs are feeding at the trough, the trough is only that big and the smaller pigs get pushed away.

    • Anonymous says:

      I wouldn't be too sure of that.

      • Anonymous says:

        Big Mac does have a history of using our money to "compensate" those who lost money on dump deals.

  16. Miss Alie N Us says:

    What do you expect? If you keep putting a pig in the house, he'll keep shitting up the place!

  17. Big Whopper says:

    Oohhhh….So that’s why a certain staunch UDP supporter stop calling the radio stations every day giving all praises to his Majesty Bush…

  18. WHAT !!!!!!! says:

    Just curious is these the Campbell boys who was hand and foot with Mac and wanted to kill the whole world because they were not UDP well I wish you luck on your lawsuit but I do hope and Pray you go out and VOTE him OUT not just him his entire team 

  19. Anonymous says:

    That’s the whole udp fault for this! Even to “the thrown under the bus crew” etc! Our votes are clear as day come on election day Cayman Islands!

    Gt voter

    • Anonymous says:

      I think you mean "thrown under the busssst" – spoken by John John – lol !!!

  20. Anonymous says:

    Wasn’t there a Peter Campbell in Cayman who was one of bush’s Jamaican buddies a few years ago ?

    • Anonymous says:

      Last time I checked Peter is Caymanian. Yes, like many Caymanians of Jamaican descent but very much Caymanian. Have a conversation with him to determine if he is not.

  21. UDPr says:

    Typical – a CNS site full of angry trolls

    • Anonymous says:

      Do you even know what a troll is?

    • Anonymous says:

      You are supporting one of the biggest angry trolls here in Cayman – McKeeva Bush – what an idiot, there must be a special place here for you all !!!

  22. Michel says:

    Still want to vote for that man and go down wiith the ship ? Nearly sinking ? We Are NOt.!

  23. Anonymous says:

    Give them the Deal, they were suppose to have it in the 1st place! Let’s get on to fixing this trash problem.

    • BORN FREE says:

      Headline should read "Mckeeva Bush lands CIG in the dumps". Mckeeva Bush & the UDP government put CIG in the dumps over the past 4 years! 

  24. Peanuts says:

    Dump all UDP in 2013. Bunch of LOOSERS mark.

    • Anonymous says:

      Interesting..very interesting that Mac's chosen boy was dumped for Decco who clearly offered a better deal, in his eyes. Good luck in court Mr.Campbell, as hell hath no fury like a business partner scorned.

      Midland acres  did someone say…? Now where and in what ownership context have we heard before…O what a tangled web…C'mon RCIP get untangling.

  25. Anonymous says:

    AGAIN. You let off again from your headline. BTW a big long parade of UDP People just drove by my house. Where is your god now cayman?

    • Anonymous says:

      He still lives in West Bay.

       

      Hell seems to be a popular spot.

    • Anonymous says:

      He's sure as hell not in West Bay.

    • Anonymous says:

      Lunatic.

    • Anonymous says:

      The West Bay motorcade had over 500 cars and when they met up with BT and GT there were over 3,000 people at AL Thompson this evening. The UDP will win this election and there will be a new era.

      • Anonymous says:

        New? How in F will it be new with the same leader? What are you spouting?

      • Anonymous says:

        I got stuck in this motorcade and crossed ALT's at the height of the evening (I didn't plan mt day properly, obviously) and there were probably 25 cars t and a few hundred people attending. While that is still TOO MANY your estimate proves the unrealistic views the UDP supporters have.

        By the way…what is the point of the UDP radio advertisements in Spanish…? Oh wait…all those statuses Mac granted years back to foreigners who now hold all the jobs that all the unemployed and entitled, uneducated Caymanians come to mind. (By the way I'm a born and raised young Caymanian with a very good job – – – that was easy to get once I received the appropriate degree and attitude).  Born and raised and I would still consider leaving if the "majority" of my people vote these self-serving, useless incumbants in!!!

        I didn't realise HOW BAD our education system was until this election.  We have so much to offer as a COUNTRY. We have SO MANY opportunities. And still I encounter ignorant, half-witted fools everyday. I am EMBARASSED and FURIOUS these days. Please, rise up and allow CHANGE to occur!!! The UDP is just more of the SAME. Fingers crossed for this Wednesday.

    • Anonymous says:

      He's sure as hell not in West Bay where yours is.

    • Anonymous says:

      You let off again???? Did you mean a fart?

      BTW the Progressives motorcade today was much bigger. Hard not to laugh at the low class UDP people who were cussing, giving the finger and looking ignorant with their blue/green flags as the motorcade drove by. 

       

       

  26. Anonymous says:

    There's a risk that the courts will brush this off as being "too late", but it is undoubtedly in the public interest that this affair, (and indeed the entirety of Dart's relationship with CIG and more particularly certain members of the UDP), is examined closely. Full disclosure from Dart should be demanded – if it needs an Anton Piller, so be it. 

    • Anonymous says:

      But it IS way too late.  And don't use words you don't understand, like "Anton Piller"

      • Anonymous says:

        As a member of the bar of 15 years standing, I understand exactly what those words mean, and choose them advisedly.

        • Anonymous says:

          I bet you have never applied for an Anton Piller in your life.

          PS: As a Victoria's Secret model I am incredibly hot.

          • Anonymous says:

            Bet away big boy.

            Mind you, the model bit seems plausible, you appear to have the IQ to match.

            • Anonymous says:

              I think behaviour such as yours gives your profession a bad reputation.  You descended so quickly to schoolyard insults whenyou had no evidence from the exchange we had to make that statement.  But do provide a little entertainment and give us a short summary of why you think that the judicial review applicant in this case would be entitled to Anton Piller relief as against Dart.  With your wealth of experience that should be easy enough.  I fancy a good laugh.

              • Anonymous says:

                You are quite right. I apologise to Victoria's Secrets models worldwide for implying that they might share your level of intelligence. 

                With regard to your request, (and I suppose I should be charitable given your clearly limited or non-existent legal education), be directed to Gee on Commercial Injunctions. Once you have some rudimentary knowledge you might be able to think it through yourself. It really does not require a Rolls Royce legal mind (although in your instance, the Lada might struggle with the hills).

                 

                • Tiny Briefs says:

                  If only you were as clever as you think you are  . . .

                  I was enjoying this little exchange, largely because at some point you were going to have to either spout nonsense or accept you were wrong. 

                   

                  You seem to be so full of bluff and bluster than I fear your career choices were quite limited.  Do answer the questions, Mr. Anonymous, because otherwise we will have to conclude you are full of crap.  Of course I am using "crap" in the technical legal sense.  If you don't know what crap is, I suggest you be directed to a steaming pile of crap.

                  • Mr. Rolls Royce says:

                    It appears the Lada is in desperate need of a service and indeed lessons in basic english.

                    Hohum.

                    • Tiny Briefs says:

                      1) I was not the poster you have been trying to avoid answering by throwing insults.  But I suspect attention to detail is not your strength.

                      2) A typo is hardly "desperate need of lessons in basic English", particularly in these annoying times of predictive text and bizarre auto-correction.

                      3) If you are going to be an arse, "ho-hum" is hyphenated.

                      4) In any event, "Ho-hum" is usually the preserve of teenage girls and Winne the Pooh.  I did not know that second-rate attorneys use it too.

                      5) You still have not even tried to answer the substantive question that was put to you.

                      6) I have my copy of Gee ready and waiting.  I can't wait to read your explanation with citations to that text.  Will I need my the Supplement too?  I have the 4th edition to hand also in case you need cross-references to the rules referred to in that book. 

                       

                      Oh golly gosh, I am quivering with anticipation. I am not sure I will be able to get to sleep tonight with all this excitement.  Isn't this fun?

                      Is this how you behave professionally?  Throw out a proposition then back it up with an insult and a reference to an entire book?  Glad you are not my attorney.

                      Come on Mr. Smug, Rude and Vacuous, give us some substance.  From this thread it does look like you are trying to squirm out of giving an explanation.  I have sent this link to a couple of other attorneys because it is very amusing to watch you squirm.

                    • Anonymous says:

                      7) Woo-hoo (note the hyphen). If you think that is squirming, I sincerely hope you are not an attorney.

                      8) A couple of other attorneys – I assume these are your parents?

                      9) Apologies for not taking the time to educate you, unfortunately I have been busy with a couple of search orders this week with a third on the way. Where I mainly work, they are not uncommon and members of the profession do not generally lack basic knowledge. But I have some sympathy for you and bow to be chastised by you and your ilk.

                      10) How is the small pond by the way?

                    • Archie Leach says:

                      It would be unthinkable that you could get an Anton Piller against a third party in support of an application for leave to bring judicial review, especially one that is so out of time. The big boys would chew you up if you tried to get that relief in those circumstances.

                  • noname says:

                    Newsflash: Village appeals for help to locate its missing idiot. Currently claiming to be a Victoria's Secret model but with the outward appearance of a Lada in search of a law library, this person is urged to return as the inhabitants of the local duckpond are missing their daily dose of arrogant, self-righteous drivel.

                    • Anonymous says:

                      Nice to note you still haven't made any attempt to show you know what you are talking about.  You are funny, but in a laughing at you not with you kind of way.

                • Anonymous says:

                  Answer my question.  Pointing to a book is not an answer.  I know what is in the book.  That is why I asked you the basis upon which you could possibly assert grounds existed for an Anton Piller.  Go on, prove how clever you are. 

    • Anonymous says:

      Anthony and Pillar are still here.

    • Archie Leach says:

      It would be unthinkable that you could get an Anton Piller against a third party in supportof an application for leave to bring judicial review, especially one that is so out of time. The big boys would chew you up if you tried to get that relief in those circumstances.

      • Anonymous says:

        You clearly do not understand the underlying issues and dynamics.

        Top class trolling from the OP though, but having said that Cayman attorneys are an easy target – arrogant, vain, self-important and generally stupid. Caymanian attorneys on the other hand are usualy the opposite – an insight into the profession in Cayman I guess, and the problems it faces.

        • Archie Leach says:

          There you go off onto irrelevant tangents, yet again.  I understand the issues and dynamics.  I also understand that your suggestion about an Anton Piller was nonsense.  You have not tried to make any argument to support your original position.  I am not sure what an OP is though, but then I am not sure that I care either.  You are quite the bore now; completely unable to provide any anything to back up your original statement.  I will stop playing with you now as you are excpetionally dull and lacking in wit.

          • Anonymous says:

            Whoa there Archie! OP means original poster (i.e. not me). You kind of prove the point though 😉

  27. Anonymous says:

    Just another million down the drain. Business Caymanian style.  Cheat, then lie, then court, then lie again while blameing everyone else.  So that is what "honorable" means here.

    • BORN FREE says:

      Lad mi Gad, another one? When are the damn lawsuits against Mckeeva Bush & his wimpy, nerdy, & spineless colleagues going to stop? He has single handidly destroyed & embarrassed this country. West Bay, do your thing, get rid of him on May 22nd for good, & for Cayman's good.

  28. Anonymous says:

    Are we starting to get enough of McKeeva yet Cayman?

    • Dred says:

      Starting??? Starting????????

    • Anonymous says:

      Not quite, the only thing I am waiting to hear now about McKeeva is that he was tried, convicted and sent to HMP Northward  thats the only bit of news I am interested in hearing about this pirate.