Satu calls on the DCC Government to complete outstanding $8.8m payment

 

DIRECTOR of Marine Mammal Educational Centre and outspoken chief of Fishing Village, Robert Satu has urged the government to release his outstanding compensation claim of SBD8,760,143.69.

This is in relation to the High Court decision made on a civil case between Marine Mammal Education Centre formerly known as Marine Export Limited and Mr Banuve represented by Attorney General on November 30, 2011.

The court then, ordered the government to compensate chief Satu an amount of SBD10,101,133.75 for damages and loss of business after the Ministry of Fisheries and Marine Resources (MFMR) rejected the renewal of his export licence and imposed a complete ban on the trade of dolphin export.

As advised by the High Court, the government endorsed a payment worth of only SBD1,341,190.06 to Marine Export Limited – a payment which the owner Mr Satu described as incomplete.

It was later alleged then that the Inland Revenue made a claim against Marine Export Limited for an amount of SBD8,760,143.69 for non-payment of Government Taxes based on default assessment claiming that the Marine Export limited failed to submit its annual tax return.

But in an exclusive interview with Island Sun yesterday, Chief Satu slammed the claim by the Inland Revenue to halt the SBD 8,760,143.69.

“The Inland Revenue has all the right to take the company to court if it claims that we failed to submit annual tax return, but it has no right whatsoever to halt that amount of money when the court has already ordered the payment,” Chief Satu said based on a legal advice from his lawyer.

Chief Satu has called on the Prime Minister Manasseh Sogavare to step in and settle this issue.

Deputy Commissioner of Inland Revenue Division (IRD) George Tapo when reached yesterday remained tight-lipped on the issue.

“Under our legislation, I cannot make any comment on issues with regard to taxation affairs,” said Mr Tapo.

However, Mr Satu said the claim could soon be tripled. This is in relation to the burning down of five buildings at Gavutu few months ago.

“Another claim that will be made soon will be bigger than the first one. It could be tripled the $10m claim.

“Five permanent buildings have been destroyed at the site by disgruntled workers who vented their anger because of the delay of this payment to clear their arrears,” said Chief Satu.

He said other properties include a generator, a cold room, nets and boats.

The outspoken Chief said he also has other outstanding bills with Our Telekom, Solomon Power, water authority in Tulagi and other business houses in Tulagi.

The High Court civil case on this issue was filed following a tussle between Marine Export Limited and the MFMR over the dolphin export.

The issue started way back in 2002 when Chief Satu registered the company under the relevant laws of the country to capture wild dolphins, keep them in captivity in a purpose built facility, breed and train them before exporting them overseas.

The company – Marine Export Limited was first granted export permit and began exporting wild dolphins to Mexico in 2003.

During this period, Marine Export Limited continued to catch and prepare dolphins for export, which they kept in the seawater fence at Gavutu Islands.

In September 2005, Marine Export Limited again applied for export permit for 25 dolphins but the permit was never granted by the MFMR.

Instead, the MFMR issued an order on November 24, 2005 to ban the export of live dolphins.

As a result of the non-granting of Export Permit, Marine Export Limited was forced into a situation whereby it could not continue to maintain the live dolphins in their sea water fence, so was finally forced to release all the dolphins back into the wild.

Having been hit hard by the costs of preparing dolphins for further export, the owner of Marine Export Limited Chief Satu pursued the Civil Suit against the Order banning the export of live dolphin.

The court case ended in 2011 and the order was made for the defendant, the government to compensate Chief Satu for damages.

In his ruling the then Chief Justice Rex Foukona ruled that the total sum assessed for the damages is SBD10,101,133.75 to be paid by the defendant to Marine Export Limited.

The amount is verified as damages for loss of contract SBD4,785,600, damages for loss from feed SBD2,073,600, damages for loss of property (dolphin) SBD7,527,733.75 to be paid to the claimant and exemplary damages in the sum of SBD500,000.

Court documents however, revealed that the first claim (damages for loss of contract) was refuted while other claims were granted full payment.