Brantley says Robelto Hector is Tempo's lawyer
CHARLESTOWN, Nevis – NEWS reaching SKNVibes states that the Nevis Island Administration is being sued for US$750 000 by the world-renowned Tempo Networks for the non-payment of a contractual agreement between the pan-Caribbean television channel and the former government of Nevis.
This information was made public by the Deputy Premier of Nevis, the Hon. Mark Brantley, during his weekly talk show programme – ‘On The Mark’ – on Von Radio in Nevis.
“You might have heard that the Nevis Island Administration, this Administration that entered Office 22 months ago, have now been sued in the great state of New Jersey in the United States of America. And we have been sued by Tempo. That company has sued the Nevis Island Administration...claiming some 750 000 US dollars.”
Brantley told his audience that “I am coming here with this for a number of reasons, because, of course, if Tempo gonna sue us it means that Tempo is saying that the taxpayers of Nevis owe Tempo or to pay Tempo some US$750 000. That works out to a cool EC$2M”.
The Deputy Premier, who is also the Deputy Leader of the ruling Concerned Citizens Movement, said that an agreement was signed between Tempo and former minister Hensley Daniel, on behalf of the NIA, for that network to host a number of concerts in Nevis.
“In 2008, the then minister, since declared null and void, Hensley Daniel thought it best to sign an agreement with Tempo. And that agreement spoke to Tempo holding five concerts in Nevis – one in 2008, one in 2009, one in 2010, one in 2011 and one in 2012. Five concerts over the course of those five years during Culturama. Indeed, they say the concerts would have been on 1st August each year.
“You would recall, ladies and gentlemen, that Tempo did host one concert. It was supposed to be had at a location, but because of weather they had to change it and they brought it to the Cultural Complex. Well, you and I want to know what the people of Nevis were paying for that. Well, we now know because Tempo has sued us and here is what Tempo is saying: ‘In 2008, Hensley Daniel of the NRP then in government signed a contract with Tempo. Under that contract, Tempo was to give us five concerts in Nevis. The cost Tempo says of each concert was US$75 000. But that’s not all! Because in addition to that, Tempo says the Nevis Island Government had to provide other things. They had to provide, for example, a venue and security for the event; the Nevis Island Government had to organise and pay for Tempo’s ground transportation, hotel accommodations for Tempo, all the artistes and the staff; we had to pay for the event’s infrastructure, including, but not limited to, stages, sound, lighting; we had to pay for office space for Tempo and put in fax, internet, phone lines and anything else. We had to make all of those arrangements at our expense! And then the contract also provided that of the receipts Tempo will take 90 percent and you and I, the people of Nevis, will get 10 percent.”
Brantley said he was told that the agreement was signed in St. Croix, but he could not verify that information.
He explained that Tempo went to the NIA and demanded the monies owed, and the Administration responded by asking on what basis.
“...So when Tempo asked for US$300 000, which is nearly EC$1M, and said to us that that was owed to them, we naturally asked them: ‘But how, on what basis?’ Tempo said to the good government and people of Nevis...’Hensley Daniel and NRP contracted us for five concerts. We had one in 2008 and we were paid, but there was none in 2009, none in 2010, no one in 2011 and none in 2012. Since the contract was for five concerts, we held one and we were paid, we did not hold the other four and were not paid. We are demanding the US$300 000 representing US$75 000 per concert. Henceforth, for the concerts that never were and were never held.’”
Brantley also explained that the Cabinet, including Premier Amory, met last week to discuss the matter and “we found a view, not surprisingly that Tempo was not entitled to one farthing, one penny of Nevis’ people money”.
“Tempo is basically saying to the people of Nevis: ‘Listen, whether we put on the concert or not, we were ready to put on the concert, you didn’t pay us the money so we couldn’t put on the concert.’ So we asked Tempo what happened in 2009? If you say there was no concert and Nevis didn’t do what they supposed to do, well, what happened in 2010? You said the same thing. Well, what happened in 2011? You said the same thing. Well, what happened in 2012? You said the same thing, and then 2013 the contract is over you present a bill for US$300 000,” Brantley opined.
He however stated that the Administration did not pay what it owed Tempo.
“But it doesn’t end there,” he emphasised, “Tempo now suing us in New Jersey! So you ask yourself, ‘Well why if Nevis got courthouse Tempo gone New Jersey?’ Well, that is what Hensley Daniel and the NRP agreed to. They said the validity, interpretation, construction of this agreement and all other matters related to this agreement shall be interpreted and governed by the laws of the State of New Jersey. Any action or proceeding commenced by other party in connection with this agreement shall be commenced exclusively in the State Federal Court situated in the County of Essex, State of New Jersey.”
He told the citizens and residents of Nevis that they, including himself, would now have to find a lawyer in New Jersey to spend to spend US dollars, because local luminaries are not au fait with the laws of that country.
“It doesn’t end there,” he again emphasised, “because while Tempo said that we owe Tempo US$300 000 for four concerts that were never hosted. By the time Tempo sue in New Jersey, Tempo somehow get their figures moved from US$300 000 to US$750 000. So, he is not asking for the US$300 000 that they said they were owed, they now gone to US$750 000. That is what they asked for in the New Jersey Court.”
Brantley informed that because the suit is brought in New Jersey, Tempo had to find local lawyers to work for them and to serve the papers on the Nevis Island Government.
“I up at MEMs Pizza there minding my business and here comes the Bailiff looking for me. I know that I do not trouble anybody. I know I have not interfered with a soul. I said, ‘Bailiff what you want with me?’ The Bailiff said, ‘I have papers to serve you.’...Tempo lawsuit in New Jersey!” Brantley explained.
He disclosed that Tempo’s local lawyer is Robelto Hector of Oualie Attorneys.
Brantley said Oualie Attorneys is a law firm that was founded by Hector and the Hon. Patrice Nisbett at the time when Nisbett was the Legal Advisor for the Nevis Island Government and Hector was a minister with the responsibility for Lands, Housing and other portfolios.
