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SHOW TRIAL: FICAC produces one witness after another in the T F Jan 'Road Scam' Trial but it left out two suspects Bainimarama and Natuva!

13/5/2015

14 Comments

 
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(1) Prime Minister [Frank Bainimarama] on his visit for the Bukuya/Nubutautau road opening on the 29th January 2011 directed that the road works be extended to link into Nagatagata including other roads managed by the contract

(2) Accommodating the Prime Minister’s directive, our Project Management Engineer instructed that works is continued whilst the formality in obtaining the “Variation Order (VO)” is arranged

(3) The VO1 was awarded on 7th September 2011 stating a total 20km of road between Nubutautau to Nagatagata to be upgraded with a volume of 18,000 m3 of pavement material to be supplied and delivered. Due to VO1, the contract sum increased to $8,626,670.72

(4) The new contract sum did not cater for day works provision to accommodate mechanical support to be utilised in the road bed preparation and drainage establishment as in 3.4 above. This section of road is incomparable with the previous one’s as it is basically a pilot cut now covered with shrubs and without an established drainage system

(5) A report was submitted by the Divisional Engineer Roads to the Directorate’s office revealing the effect

(6) Minister for Works [Timoci Natuva] on his visit on the 1st September 2011 then further directed that road be widened with alignment and gradient improvement to accommodate buses as the government is intending to approve the public buses service in the area

Fijileaks Editor: From FICAC File

Tender No:     DTBW 02/07


Project:           Supply & Delivery of Pavement Materials for Rural Roads

Location:        Bukuya Roads to Nagatagata

1.      Introduction

This is in regards to the assignment given by the DNR compile a report for our submission to the Tenders Board ascertaining works done and so to secure their approval enabling its completion by end of this year.

2.      Objective

The purpose of this report is to:

                      i.            Disclose the actual deed undertaken with its sequence

                    ii.            Determine any imprecision

                  iii.            Recommend a way forward.

3.      Brief on actual deed undertaken

3.1       The contract commencement date was 27th October 2008 after TFJan Bulldozing Company was awarded the contract for the “supply and delivery of pavement materials for rural roads” on Bukuya Nubutautau roads by the Tenders Board. The total contract sum initially awarded was $2,819,480.00 and the completion date to be 31st December 2010.

3.2       The arrangement from the start was, DNR to prepare the road bed to ensure proper cross fall and established the drainage system prior to supply and deliver of material on the road bed as obligatory by the contractor, afterwards DNR will then evenly spread and compact.

3.3       DNR was struggling to accomplish its obligation as in 3.2 above purely because of the lack in our mechanical provisions and support.

3.4       Our incapability to supply the mechanical support required resulted in the decision for the contractor to also undertake DNR’s role as in 3.2 above and to be accommodated within the contract dayworks provision. That was essential to minimise the contractor’s claim on the delays that directly resulted from our inability to perform our role effectively.

3.5       On the (date???) the completion date was extended to 15th September 2011 due to delays and wet weather which is out of the contractor’s control.

3.6       Prime Minister on his visit for the Bukuya/Nubutautau road opening on the 29th January 2011 directed that the road works be extended to link into Nagatagata including other roads managed by the contract.

3.7.      Accommodating the Prime Minister’s directive, our Project Management Engineer instructed that works is continued whilst the formality in obtaining the “Variation Order (VO)” is arranged.

3.8       The VO1 was awarded on 7th September 2011 stating a total 20km of road between Nubutautau to Nagatagata to be upgraded with a volume of 18,000 m3 of pavement material to be supplied and delivered. Due to VO1, the contract sum increased to $8,626,670.72.

3.9       The new contract sum did not cater for dayworks provision to accommodate mechanical support to be utilised in the road bed preparation and drainage establishment as in 3.4 above. This section of road is incomparable with the previous one’s as it is basically a pilot cut now covered with shrubs and without an established drainage system. A report was submitted by the Divisional Engineer Roads to the Directorate’s office revealing the effect.

3.10     Minister for Works on his visit on the 1st September 2011 then further directed that road be widened with alignment and gradient improvement to accommodate buses as the government is intending to approve the public buses service in the area.

3.11     The Project Management Engineer instructed that works is continued but the formality in obtaining the “Variation Order (VO)” was not arranged as in 3.7 above.

4.      Imprecision transpired

4.1       DNR’s incapability to consistently provide for the mechanical support that resulted in the contractor to take over the preparation of road bed, drainage, spreading and compaction of the road materials. These changes the contract scope of work and the contract should have been amended accordingly.

4.2       The change in the contract management staff with no proper handing over and commitment from our side which resulted in the delays of obtaining approvals whilst the contractor continued in good faith.

4.3       Poor documentation coupled with 4.2 above made us struggling to keep track of records.

5.      Physical progressed

The work core is physically completed but with the contactors’ payment of $421,414.32 pending and is overdue awaiting approval.

The works that is presently undertaken ensuring that all infrastructures are in place confirming its stability includes:

                                 I.            Supply, deliver, spread and compact road materials with a total volume of 9,960m3 which is the balance of the quantum approved in the VO1.

                                II.            Supply and deliver additional 10,000m3 to be stockpiled for maintenance.

                              III.            Widening for the last 1 km to accommodate directive as in 3.10 above.

                              IV.            To lay at least 19 nos. culverts crossing and headwalls. The culverts have been purchased and are in the process of delivering.

                                V.            Land slips mitigation at different locations for an approximate total length of 500 meters.

The total fund required to offset all unpaid dues to the contractor plus cost of works outstanding is $ 2,250,507.12. The BOQ for the outstanding works is attached.

6.      Recommendation

It is recommended that:

1.         Approval is to be granted for the payment of $421,414.32 for the services that has been delivered and its payment is pending with our accountants.

2.         Approval is to be granted for the release of $ 2,250,507.12 to ensure that the project is fully completed.

3.         Approval is granted for the extension of time to 31 December 2011 to cater for the variations that has already being issued and the extra works that was demanded [Fijileaks: demanded by Bainimarama and Natuva].

Prepared by:             

P.Tuinona – Projects Resident Engineer

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One FICAC witness Esala Cagimaicama, a former leading hand for DNR (Department of National Roads) when asked in the High Court whether the engineers and compliance team actually went out to Nagatagata road to verify the works done for which the claims were made and Cagimaicama said NO. But these photos in FICAC file tell a very different story
NAGATAGATA ROAD UPGRADING BEFORE

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14 Comments
Chiku
13/5/2015 01:57:04 am

Leaving out the two suspects Bainimarama and Natuva is so understandable. One, because there is no reason why the FICAC gang should deliberately want to dirty their pants.and, two to complete the farce, the naatak, the show that has become all so familiar in the New Democratic Fiji designed by Bai and Kai.

Reply
So Laughable
13/5/2015 07:06:09 am

So the PM works on to a project and demands that the road be extended by few kilometres, absolutely no regard for budget and availability of funds, no care of due diligence and requirement of tender process.

Any standard civil contracts limit VO's to 10% of contract value fullstop beyond which new tenders become mandatory.

What a joke, clowns are having a field day in new fiji.

Reply
Shakespeare Wallah
13/5/2015 10:46:24 am

"The play's the thing wherein I 'll catch the conscience of the king". (Exit).

Hamlet - Act II scene 2

Now we see why the City State of Singapore so sensibly insists upon the study of William Shakespeare's plays throughout their curriculum. Do we suppose that any person in this government may have studied even one play in detail? Or read or watched Shakespeare on any taxpayer-funded overseas visit including to China?

Reply
Yes...
13/5/2015 01:54:34 pm

Bai Saw Macbeth.

Reply
Dekho
13/5/2015 11:32:52 am

Bainimarama knows only one way of running the country - the dictator's way - and no other way. All other ways of democratic accountability and due diligence and public debate is just for show.
That's why his decision making makes no reference to established procedures and rules. Like a true dictator he just barks an order and his operatives see to it that it is followed. That has been the kind of governance Bainimarama and Khaiyum have instituted in the country since the dictator's takeover in 2006, that has not changed with the so called democratic elections and the return to democracy.

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rajend naidu
13/5/2015 04:09:47 pm

Editor,
We learn from Emosi Balei's letter in today's Fiji Times ( 14 May ) that the parliamentary session on 13 May " sat for one hour and adjourned for the day at 10.30 AM" and " the session the previous day ended before lunch". Furthermore that " some MPs have limited themselves to their maiden speech since the new Parliament started".
Could this be because the real decisions regarding the governance of the country is still being made elsewhere even after our return to parliamentary democracy?
We recall in the first post coup elections in Sept 2014 the ruling Fiji First Party candidates were told to centre their campaign around the two main boys of the party - Frank Bainimarama and Aiyaz Sayed Khaiyum .
Is that still the modus operandi of the ruling party?
Are the rest of the MPs merely going through the various motions of parliamentary democracy in Fiji?
Sincerely,
Rajend Naidu
Sydney

Reply
rajend naidu
13/5/2015 05:44:43 pm

Editor,
I am surprised to learn from a Fiji Times report ( ' $100K overpaid ' FT 14/05 ) that a trial is underway in Fiji for a " scam involving State funded road projects in Ba ".
I thought scams happened only in past governments and that since the Bainimarama takeover of 2006 and the " clean up " and all that there were no more scams in the "new " and " better " Fiji build by Bainimarama and Khaiyum.
Well, I

Reply
Shannon
13/5/2015 07:15:56 pm

Dear Editor,

I suspect it is highly unlikely the Prime Minister or the Minister will be hauled into FICAC in the dead of night to answer any questions regarding this issue. One needs to remember that our government is structured similar to that of Indonesia; the structure being that the PM and Ministers setup anti-corruption units tasked to investigate "anyone and everyone" but really never get the powers to investigate the head of the government or the country.

It is all merely smoke and mirrors, dear Editor.

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This is what is really happening...
14/5/2015 02:52:05 pm

This is what is really happening...The top brass of the Government are immutable, infallible and incorruptible, according to their own whims. Even FICAC cannot investigate and charge and indict them because they think that they are not accountable even to the people who elected them.

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rajend naidu
14/5/2015 05:01:24 pm

Editor,
There is some public conversation going on in the media in Fiji about employing convicted criminals in the public service after the A-G Aiyaz Sayed Khaiyum told parliament that is quite ok under the constitution he crafted for the Fijian dictatorship .
I don't know about employing convicted criminals in the public service. That was not allowed under the colonial regime. But I know many UNCONVICTED criminals were employed in the public service and government, holding high positions, after the first military coup of 1987.
That trend one will notice has not changed after the fourth coup.
Sincerely,
Rajend Naidu
Sydney

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Yes...
14/5/2015 08:01:44 pm

In future elections we should vote for those who will be accountable to the people. In a proper democracy the people should be the ones with real power. We need to bring that power back to the people by just not electing a dictatorial government.

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rajend naidu
14/5/2015 05:21:07 pm

Editor,
The Attorney General and Minister for Justice Aiyaz Sayed Khaiyum informs us that there is no parole board in Fiji at the present time to deal with any application for parole by Timoci Silatolu and Josefa Nagata ( Fiji Times 15/05 ).
Any yet Fiji has " returned to democracy "?
How come Silatolu, Nagata and a handful of others are the only ones in Fiji doing time in prison for treason?
Shouldn't justice he administered even handedly.?
Sincerely,
Rajend Naidu
Sydney

Reply
Yep
15/5/2015 01:59:44 am

In a true modern democracy the rights of every citizen is upheld by the State including the rights of citizens in prison.
And according to the propaganda of the Bainimarama Khaiyum regime true democracy is what they have been building over the last 8 years of their dictatorial rule.
And they have not got a Parole Board!,
Wow! True democracy indeed!

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rajend naidu
15/5/2015 03:33:54 pm

Editor,
The Media Decree that was decreed by the Fijian dictatorship to entrench its dictatorial rule by the intimidation and suppression of press freedom and the free speech still remains in place and the democratically elected government has rejected the Opposition call for it to be repealed or amended ( Fiji Times 16/05 ) and Fiji is said to have " returned to democracy ".
Is that the true democracy that Bainimarama and Khaiyum have designed for the people of Fiji?
Or, is it the dictator's democracy?
Sincerely,
Rajend Naidu
Sydney

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