CHEC suggests FLOW used MIDP to change old infrastructure

The Chinese contractor, China Harbour Engineering Company (CHEC), which executed the Major Infrastructure Development Programme (MIDP) in 2016, has suggested that FLOW Jamaica used the project as a cover to change out its old infrastructure.

The suggestion was made by CHEC’s lawyer Maurice Manning while cross-examining FLOW’s civil works manager, Maurice Simpson, during the multimillion-dollar lawsuit which was being heard in Supreme Court before Justice Davis Batts.

Simpson, however, disagreed with the suggestion. He also rejected the suggestion that the company had upgraded its infrastructure along Mandela Highway and Constant Spring Road.

The telecommunication firm is suing the Government and CHEC to recover approximately $124.1 million for damage allegedly done to its infrastructure during the implementation of the programme.

FLOW claimed the funds was used to lay new conduits and to repair the damaged cable networks along the different segments of the programme which covered Constant Spring, Mandela Highway, Hagley Park, Barbican Road, Camp Road, and in the Three Miles area, all in the Corporate Area.

The company is also seeking to recover monies that were rebated to customers when the system was down as a result of the infrastructural damage.

Simpson, in his witness statement, spoke about the extent of damage which he had observed at the different site and had photographed but under cross-examination admitted that he not preset when the physical damage occurred.

Continuing, Manning said: “I am putting it to you that FLOW eventually relocated its asset without government funding.”

But Simpson, who earlier gave evidence that the lack of government funding had delayed their relocation efforts, agreed.

He also admitted that FLOW did not have a team of persons to assist with identifying its assets until around October 2019, nor did the company have a team to be on-site during the nights for parts of the project.

“I am putting it to you that despite knowledge of the MIDP from 2016, FLOW did not commit a budget for the removal of its assets where necessary,” Manning said while Simpson concurred.

Further in the cross-examination exercise, the FLOW manager admitted to receiving several notices in advance of work on projects including planned excavation work.

The notices, which were sent via email, were identified by him in court and admitted into evidence.

He, however, indicated that CHEC had sent FLOW a notice while the work was in progress on the Hagley Park Road leg of the project.

Simpson further acknowledged that during the Constant Spring leg of the programme, FLOW failed to remove its infrastructure from the Jamaica Public Service Company poles even after JPS had removed their assets.

He agreed that the poles in question remain in place with FLOW’s infrastructure while the roadwork took place.

According to Simpson, he was not sure how long the infrastructure remained on the poles.

Meanwhile, Simpson during cross-examination by Lisa White, who is representing the National Works Agency and the attorney general, agreed that there was a lack of monetary support from FLOW.

Simpson also accepted that the roadwork was carried out by CHEC and not the NWA.

Additionally, he admitted that he was not sure whether the Government was responsible for paying FLOW for the relocation of its infrastructure.

He, however, did not agree that Flow had caused the project to be delayed.

Simpson shared that at the time of the project, there were old asbestos pipes and infrastructure dating from the 1960s in the Constant Spring, Hagley Park and Three Miles segments of the MIDP.

In the meantime, the trial was adjourned until December 11, where it will run for another week.

tanesha.mundle@gleanerjm.com