Delivery dispute

Nearly a decade after entering into a now-collapsed agreement with used-car importer O’Brien’s International Car Rentals and Sales, the Government of Jamaica is yet to receive 41 vehicles, valued at more than $74 million, for the police force.

“The issue remains partially resolved,” the Ministry of National Security and Peace disclosed last Thursday in a response to Gleaner queries. It stated that the “overall status” is that $213,465,200 was paid to O’Brien’s as a 50 per cent downpayment on 200 vehicles.

It added: “Following the breakdown of the contract, the parties agreed that a total of 105 vehicles were to be supplied for the amount of the downpayment. O’Brien’s has since delivered 64 vehicles.”

Asked whether court action had been contemplated, the ministry said it had engaged the Attorney General’s Chambers (AGC).

“The matter is still under review, and we prefer not to comment further on same until instructions are received from the AGC.”

However, Clement Ebanks, managing director of O’Brien’s, has disputed this figure, telling The Gleaner that 74 vehicles comprising 49 Toyota Corolla Axios and 25 pickups, have been delivered to the ministry to date and that 23 cars are on the island awaiting customs clearance.

“What is holding us up now, the ministry is saying we have to rewrite a new contract to go ahead,” he said yesterday.

“So I am waiting on them to rewrite a new contract, and when they rewrite a new contract then we can move,” he said. “But without the ministry move, I can’t move,”

While stopping short of sharing a definite timeline for the delivery of the additional vehicles, Ebanks noted that he did not expect it to go beyond a year.

LEGAL ACTION

Ebanks also brushed aside any suggestion that the Government might take legal action against his company, insisting that “if dem take it to court, they can’t win mi”.

“That’s why we have lawyers,” he said, adding, “I keep requesting certain documents, and dem nah give mi the documents. So if you nah give me the documents, how mi fi tek off di car?”

According to Ebanks, he has been seeking approval for duty relief for the outstanding vehicles.

“I’ve been trying to solve this for how long,” he stated.

In 2017, the Government entered into a $427-million contract with O’Brien’s to provide used Toyota Corolla Axios and pickups for the Jamaica Constabulary Force, with the vehicles to be delivered in 90 days. Robert Montague, who was then the minister of national security, introduced the controversial used-car policy.

“If a taxi man can take a ‘deportee’ and it lasts him for 10 years, the police can take a ‘deportee’, and it will last for three years,” the minister was quoted saying in a Jamaica Information Service article on his announcement of the used-car policy in March 2016.

However, after delivery delays, the Government accused O’Brien’s of breaching the contract, ordering the company to return the funds and even instructing the police to commence a probe for possible fraud.

In 2018, Parliament’s Public Administration and Appropriations Committee (PAAC) was told the cars handed over at that time failed the rigour of regular police work and were part of the JCF’s administrative fleet.

Three years ago, National Security Minister Dr Horace Chang indicated that the matter was “not fully settled”. However, he noted at the time that the Government had procured 600 new vehicles for the police.

“But we still have some things, few things, hanging out which are left to be settled, and that’s between the permanent secretary, procurement staff, and the lawyers to work out,” Chang had said at the time.

sashana.small@gleanerjm.com