The consideration of Government’s claim to 51% of a company set up to develop the controversial Layou River Economic Citizenship property, returns to the BVI Commercial Court today.
Four days have been set aside for this second leg of the hearing in which much is expected to turn on the cross examination of former Ambassador to Beijing David Hsiu and his henchman the Roseau based accountant Kieron Pinard-Byrne.
In the first part of this bid to establish Government as the majority owner of the Shangri-La International Development Holdings Ltd, July 27 – 29, 2009, the court heard testimony from claimant Felix Chen of Sino Union – a 40% shareholder – and Prime Minister Roosevelt Skerrit
Lennox Linton’s Audio Report – BVI Day 1
It’s a story of documented evidence that the shares were gifted to the Government by David Hsiu’s Rich Victory versus oral submissions after the fact from Pinard Byrne that conditions were not met and the share transfer instrument therefore stood cancelled, lapsed or was declared null and void.
Lawyers for the government side of the argument are expected to pay careful attention to the timeline in so far as it concerns the gift of the shares, the various confirmations of the share transfer and the failure to register the share transfer as required
In their opening statements before the court, both Queens Counsel Reginald Armour and Senior Counsel Anthony Astaphan have suggested that Pinard-Byrne, presumably on instructions from David Hsiu, frustrated his duty to register the share transfer in favour of the very Government that he agreed to serve
In November 2005, he accepted from Lucy Ma’s letter, the narrow terms under which his escrow agency for the share transfer was designed to operate. He was obligated to hold the share transfer instrument in escrow until completion of the 1st phase of the project or sooner if mutually agreed.
That is the only condition on record authenticated with signatures in written correspondence
Yet pursuant to this rectification lawsuit filed in May 2008 in response to David Hsiu’s earlier move to liquidate the Shangri-La behind the back of Government Pinard-Byrne was somehow able to widen the terms of his escrow agency and introduce conditions for the transfer of the shares that were never agreed.
Armour has already asked the court to cast a jaundiced eye on Pinard-Byrne’s use of alleged discussions, alleged oral agreements and alleged instructions unsupported by documents on account of the very serious credibility questions that they raise.
Over now to the much anticipated cross examination of the two defence witnesses…
Sources say Prime Minister Roosevelt Skerrit will not be here this week and is at the moment in Hong Kong. The purpose of his visit to that part of the world at this time has not been disclosed
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THE BIGGEST JOKE AND LIE OF THE DAY IS TO HEAR TON Y ASTAPHAN SAY ON Q95 MATT'S SHOW THAT HE HAD NEVER HEARD OF HONEST DOMINICA.
tony is in alot of probblems
Yeah right. Doh worry with him he know damn well.