Barbara Gayle, Staff Reporter
BASIL SUTHERLAND, former president of the National Water Commission (NWC) who terminated his contract of employment with the organisation last year because of alleged political interference in the operations of the NWC, has filed a suit in the Supreme Court to recover $1.6 million from the NWC for accommodation benefit.
The NWC is contending that only $268,380 is owing to Mr. Sutherland. A cheque for the amount was sent to his lawyers but Mr. Sutherland rejected the payment, the NWC contends.
In the October 1999 disclosures, Mr. Sutherland was listed as one of the super earners in the public sector, taking home $4.5 million annually. It was reported then that he was provided with a house by the NWC.
Mr. Sutherland who is represented by the law firm Nunes Scholefield DeLeon and Co., outlined in the writ of summons that under his written contract of employment dated May 15, 1998, he was entitled and the NWC obligated to provide him with a "partially furnished accommodation of a mutually agreed location within the Kingston Metropolitan Area."
In breach of the said contractual terms, Mr. Sutherland said NWC never provided nor made available to him, a house for his use and occupation. He claimed that the NWC had never compensated him for its failure to provide the accommodation.
Mr. Sutherland stated that he terminated the contract in accordance with the terms thereof. He is claiming $1,680,000 being the value of the accommodation benefit under the contract "as established by a committee set up for that express purpose under the auspices of the Office of the Prime Minister and chaired by the Cabinet Secretary, Dr. Carlton Davies but which the plaintiff (Sutherland) never received."
He is further claiming the money with interest at the rate of one per cent above the commercial banks prime lending rate from the date that each portion of the money was due until the date of judgement. He also stated that his letter of resignation specifically alleged political interference in the operations of the NWC as the reason for his resignation.
The NWC which is being represented by the law firm Rattray Patterson Rattray, has filed a defence stating that 231B Old Hope Road, Kingston 6 was identified as the accommodation for Mr. Sutherland. The NWC said Mr. Sutherland knew that the house was in need of major repairs. It said further that the committee established by Ministry Paper 53 chaired by the Cabinet Secretary, Dr. Carlton Davies, assessed the value of the said accommodation subsequent to Mr. Sutherland's resignation at the gross sum of $18,000 monthly. The gross sum owing during Mr. Sutherland's tenure in office was $378,000 but after statutory deductions, the amount owning was $268,380. A Bank of Nova Scotia cheque dated March 30, 2000 was sent on April 7 to Mr. Sutherland's lawyers. Mr. Sutherland through his lawyers by letter dated April 7, rejected the payment.
A date has not yet been set for the hearing of the suit.
