EH 101 - The Next Chapter: Court Challenge (and politics ...)

[bossi]

http://cnews.canoe.ca/CNEWS/Canada/2005/04/06/pf-985137.html

Sea King case going ahead

By MICHAEL TUTTON

HALIFAX (CP) - Canada's Federal Court of Appeal has cleared the way for a full trial over Ottawa's handling of a $5-billion contract to replace the military's fleet of aging Sea King helicopters.

A panel of three Federal Court of Appeal judges ruled late Tuesday evening the case can proceed. It took them less than 10 minutes to consider an appeal launched by lawyers representing the Department of Defence and Sikorsky Aircraft Corp., that argued the issue should not be heard.

AgustaWestland Inc., the leading company in an Italian-British consortium, originally brought allegations of political interference to the Federal Court in Ottawa on Sept. 1, 2004.

The company's bid for its Cormorant helicopters to replace the Sea Kings was rejected this summer in favour of a bid by rival Sikorsky, based in the United States.

Since then, AgustaWestland has taken legal action to force Ottawa to hand it the deal or start the selection process over again.

The initial contract process took over 10 years.

Last October, the federal government and Sikorsky brought motions to strike AgustaWestland's case on the grounds it was too late and that the application should have gone to a federal tribunal that handles procurement disputes.

The Federal Court dismissed the arguments in November, and the federal government and Sikorsky appealed.

On Tuesday, three justices with the Federal Court of Appeal affirmed the lower court's decision.

"The government was trying to strike out AgustaWestland's case and the Federal Court of Appeal has now affirmed that the case may proceed," said Gordon Cameron, the lawyer for the consortium, in an interview on Wednesday morning.

He said lawyers for both sides have been carrying on with cross-examinations of witnesses, and will present written evidence to a Federal Court judge over a seven to 14-day period in June.

In its original 19-page Federal Court application, filed Sept. 1, the company charged that the government's bid evaluation was "biased, unfair and contrary to the rules of the procurement."

It also accused the ruling Liberals of deliberately skewing the selection to avoid picking its EH-101 helicopter, which the Liberal government had rejected as an unaffordable luxury in 1993.

The documents contend that Sikorsky's helicopter faces a major redesign, and won't be ready in time to meet the government's four-year delivery deadline.

None of these allegations has been proven in court.

Lloyd Noseworthy, a spokesman for Sikorsky (NYSE:UTC), has rejected the allegations, saying it will deliver the aircraft on time.

 

[SeaKingTacco]

Lord preserve us.  This is never going to end.

You know, without commenting on the merits of either the Cyclone or the EH-101, at some point we just have to get on with the business of buying a new airplane.  Any airplane at this point is beginning to look a lot better than the alternative.

What happens if we get 18 months down the road and (hypothetically), EH-101 wins?  Do we down tools, rip down all of the S-92 simulators we have just built and start all over again?

 

[aesop081]

EH industries could seek a financial settelment equating to the value of having purchased the EH-101 and maintenance contract.  Would would still fly the cyclone but at effectively twice the price !

 

[Trinity]

Lord preserve us.  This is never going to end.

What happens if we get 18 months down the road and (hypothetically), EH-101 wins?  Do we down tools, rip down all of the S-92 simulators we have just built and start all over again?

The Lord can't save us from politics.....

As for rip down the simulators...  no...  we'd just pay off the EH-101 company.....

 

[Brad Sallows]

Thank you, Mr Chretien, for one campaign promise you kept, among many you did not.  It has brought much joy to our hearts, saved Canadian taxpayers much money, and saved many lives.

 

[Acorn]

Brad,

That should be "...[THE] one campaign promise you kept...." For that he should see the inside of a jail. The Gomery stuff shows him for what he is: a despicable liar and thief of the money entusted to him and his government by the citizens of this country.

In fact the Liberals have violated our Charter Right to "Good Government." I wonder if a suit could be brought?

Acorn

 

[onecat]

Hi second that, Mr Chretien and from the looks of it many other members Liberal party should be doing jail time.  Hopefully Gomery will show Canadians just how corrupt the Liberal party is, and maybe they will actually listen this time and stopping voting for them.  If the Liberal party is ever to come clean it needs to be totally defeated in the next election much like the PC party in the 1993 election.  Otherwise the Liberal machine will just keep going and they keep spending.

 

[jmacleod]

The EH101 law suit will proceed against the Federal government, and they will win it. There will
be the inevitable series of Appeals, but ultimately the EH101 Consortium will be paid to go away
- the SH-92 will eventually arrive at 12 Wing. I am 76 years at the moment. Told my daughters
that I want to be on hand when the first "Cyclone" arrives (strange name for a rotary wing
aircraft), probably about 2018-2020, even if I am sitting in a wheelchair - another great moment
in Canadian military aviation. Regards, MacLeod