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December 3 ,2020

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Attorney General (AG) Anil Nandlall SC has filed a suit against businessman Larry Singh to recover just under $370 million dollars which he said had been paid to Singh by the Guyana Defence Force (GDF) between 2015 and 2016 for the supply of guns and ammunition.

According to the AG, Singh breached his contract with the defence force by failing to supply the number of weapons and ammunition for which he had been paid.

In his fixed date application, Nandlall said that Singh had been contracted to supply the items pursuant to three contracts dated November 18th, 2015; December 15th, 2015 and March 30th, 2016. 

One of the documents in the case against Larry Singh

Outlining the grounds for his application, the AG said that Singh, a supplier and dealer in weapons and ammunition had agreed upon request to sell and deliver a quantity of weapons and ammunition to the Army.

He said that the GDF had requested a waiver from the National Procurement and Tender Administration Board (NPTAB) for sole-sourcing of the purchases in accordance with Section 28 (d) of its Act.

Nandlall said that Singh was then sole-sourced to provide the weapons after the NPTAB granted the Army permission and the latter paid the sum of $380,527,421 to Singh for the items.

The AG (the applicant), said that each of the contracts contained a general-terms-clause which stated that the Force would not be liable for any damages or compensation payable by law in respect or in consequence of any accident or injury to the supplier in the performance of his duties under the contract.

He said that the clause stated further, that the supplier had to indemnify and keep indemnified the Force against such damages and compensation and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever.

According to the AG, Singh (the respondent) had agreed in all three contracts that he would supply quality products to the Force; be solely responsible for the shipment of the weapons; and ensure that the correct weapons were delivered within 150 days after the Bill of Lading was provided.

Nandlall deposed in his application, however, that Singh breached the contracts when he failed and or refused to supply the number of weapons and or ammunition for which he was paid.

The AG pegged Singh’s debt to the Army to the tune of $369, 604,271 and is asking the court to order him to pay interest while noting that the Force’s demands for a refund have been futile.

The AG is also asking for any further order as the court deems just and reasonable to grant, as well as costs.

Nandlall said that as AG he can institute proceedings on behalf of the State for the enforcement of any claim in accordance with Section 10 of the State Liability and Proceedings Act.

Meanwhile, a supporting affidavit from acting Chief of Staff Godfrey Bess said he swore to this Affidavit on behalf of the AG and that the matter is within his personal knowledge.

Singh had come to public notice early in the life of the APNU+AFC administration when he was controversially awarded a lucrative contract for a medical supplies bond in Charlestown.

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@Ramakant-P posted:

Singh breached the contracts when he failed and or refused to supply the number of weapons and or ammunition for which he was paid.

There seems to be no doubt about that. I was just trying to figure out what he was supposed to supply. I am also curious as to why a GOVERNMENT decided to use an arms dealer instead of reaching out the manufacturers themselves. Also why was the entire sum provided up front?

@GTAngler posted:

There seems to be no doubt about that. I was just trying to figure out what he was supposed to supply. I am also curious as to why a GOVERNMENT decided to use an arms dealer instead of reaching out the manufacturers themselves. Also why was the entire sum provided up front?

It wouldn't make sense to give them a license to operate and then go and order from the manufacturers themselves. It's cheaper to purchase from an arms dealer.

@Ramakant-P posted:

It wouldn't make sense to give them a license to operate and then go and order from the manufacturers themselves. It's cheaper to purchase from an arms dealer.

I don't know much about Guyana's Laws. I thought as a Government entity, especially the Defence Force, they were not required to have a license issued by their own government, just approval for the purchase.

@Prashad posted:

The government wanted expensive stuff like new Glock pistols and not pay too much for it. That is why they may have used an arms dealer. May be to get the stuff on the black market for cheap.

Thought they were thick with the Chinese. Should have contacted Norinco for copies of both the Glocks and AKs. They should have shopped around or have open bidding. Single sourcing should only be for a specific product that isn't manufactured by anyone else.

@GTAngler posted:

I don't know much about Guyana's Laws. I thought as a Government entity, especially the Defence Force, they were not required to have a license issued by their own government, just approval for the purchase.

It's all about control. Singh is the arms dealer licenced by the Guyana Government.  The GDF simply ordered a number of weapons with approval from the Ministry of defence.

@GTAngler posted:

Thought they were thick with the Chinese. Should have contacted Norinco for copies of both the Glocks and AKs. They should have shopped around or have open bidding. Single sourcing should only be for a specific product that isn't manufactured by anyone else.

Norinco stuff like other Chinese stuff looks nice but they don't last very long. 

@Ramakant-P posted:

It's all about control. Singh is the arms dealer licenced by the Guyana Government.  The GDF simply ordered a number of weapons with approval from the Ministry of defence.

Understood. I don't quite agree with that but if that's the process then so be it. An arms dealer for local and civilian procurement yes but for the GDF no. The Ministry the GDF falls under should be responsible.

@Ramakant-P posted:

It's all about control. Singh is the arms dealer licenced by the Guyana Government.  The GDF simply ordered a number of weapons with approval from the Ministry of defence.

No, it's not about control, it's about CORRUPTION, an artful practice by PNC and PPP for over 50 years. Yet there are idiots like you sitting here chanting the virtues of one of these parties. Stupid man.