Kemtex accuses contractor of collecting for goods not delivered over 3-year period
A bail application made by attorney Oswest Senior Smith on behalf of a man accused of obtaining over $50 million by false pretence and simple larceny was denied after it was stated in court that the accused was likely to interfere in the ongoing investigations into the matter. Thirty-one year old, Philbert Grant, a haulage contractor of St Ann was charged with the offence after it is alleged that he defrauded Kemtek Development and Construction Limited, located in Drax Hall, St Ann of the sum of money, by collecting money from the construction company without delivering sand and aggregate material to the sites to which he was contracted to deliver. Attorney representing Kemtek, Keith Newton Bishop, indicated to the court that Grant had an oral contract to provide a bill fortnightly for the delivery of sand to two locations; Drax Hall, St Ann and Trelawny. He said the company told Grant that only 18- wheeler trucks should be used for the delivery of the material. Bishop said that Grant was paid $30,000 for each delivery to Drax Hall and $40,000 when he delivered on site in Trelawny. He said it was a part of the oral contract for Grant to send in his bill on Wednesdays to collect his payment for delivery on Fridays. Bishop indicated that Grant violated the contract in two ways; firstly by sending his bills in late Thursday or early Friday mornings and then calling the accountant demanding money. Secondly, Bishop stated that Grant sent in bills knowing he did not deliver the sand to the sites but diverted it to other places. He said a man employed by Grant, David Baccas, was paid $13 million for his trucking services and Four Rivers Mining Company located in Agualta Vale, St Mary was paid $17 million for aggregate material. Bishop indicated that the aggregate was not delivered to the Kemtek site. He said that the information that the company has from its security log indicated that the trucks belonging to Bacass never went to the site and also that a security signature was forged. Bishop said that the situation had been going on for three years. He said that bail should be denied for Grant as it is believed that he will obstruct the witnesses and also that that more information is to be had before bail could be considered.
Oswest Smith, who represents Grant, told the court that “there was sufficient information on which the court can act in an informed manner to offer bail to Mr Grant.” He said his client was clothed in innocence and was not a flight risk nor did he make himself unavailable to the police when he was taken in for questioning on two occasions. He questioned whether Kemtek was running a tight security system as the matter had taken three years to come to light. He continued saying that if his client was considered to be interfering with witnesses he would never be released by the police after he was taken in for questioning on June 6. Senior RM for the parish, Andrea Thomas stated that the prosecution should be more specific as it regards the accused interfering with the investigation. Under a true answer oath, the investigating officer, Detective Constable David Jackson told the court that Grant had worked closely with some of the employees of Kemtek and can have an influence on them. He said the witnesses from whom he had guaranteed statements include two security guards, an accountant and the mining manager at Four Rivers Mining Company. He revealed under oath for the first time that Grant was trying to get in contact with the witnesses and has called the head of Kemtek, Sylvester Tulloch, trying to make restitution. Bishop said: “If he can offer money to the complainant, what can stop him from offering it to another?” Presently, the file is without statements and the investigating office indicated that the sum of money allegedly stolen by Grant is still rising as investigations continue. The matter is set to resume on Monday, June 23.
