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Azan seeks judicial review of contractor general's probe

Tuesday, December 03, 2013    

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RICHARD Azan, who stepped down from his junior minister position only to be reinstated last month, is now challenging the legality of the contractor general's probe that ousted him in the first place.

Yesterday Azan, the member of parliament for North West Clarendon, filed papers in the Supreme Court seeking a number of declarations as he challenges the jurisdiction of the contractor general to probe the construction/repair and rental of shops in the Spalding Market, which he's claiming were not done through Government contracts.

Among the declarations being sought by Azan are that:

* he did not enter into any government contract that would have "necessitated" the investigation launched by the contractor general;

* John Bryan didn't enter into any government contract for the construction or rental of shops which would have given the contractor general the lawful authority to conduct an investigation;

* the contractor general acted ultra vires, unlawful and/or without lawful authority or jurisdiction by proceeding to conduct an investigation into the complaint regarding the award of contract(s) to construct/repair and to rent shops at the Spalding Market, resulting in the presentation of a report to Parliament on September 17; and

* on a proper construction and interpretation of the Contractor General Act, the contractor general does not have lawful authority to initiate an investigation, whether special or not, into the construction and rental of shops situated at the Spalding Market, particularly where there is no Government contract at issue for the construction or rental of the said shops at the Spalding Market and which shops are not property of the Government or any government entity, including the Clarendon Parish Council.

Azan is also seeking a declaration from the court that he's not politically corrupt, whether as defined by Transparency International or otherwise.

He is seeking a number of orders from the court, including one to quash the recommendation by the contractor general that due consideration be given to institute disciplinary proceedings against him in accordance with the Westminster Model of Government on the grounds that such a recommendation is irrational and unreasonable.

Azan's legal action was filed by the law firm Clough, Long & Cox.

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