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Written by Yvette Best
Tuesday, 21 July 2009 02:27

by Yvette Best

THE NATIONAL CULTURAL FOUNDATION (NCF) could be sued for breach of contract if allegations of a leak of the 18 semi-finalists for Friday’s Lime/Banks Pic-O-De-Crop competition are proven.


Attorney-at-Law Ralph Thorne, QC, said the relationship between the tents and the NCF was a contractual one as far as the competition was concerned, and artistes in The Kingdom Of Super Gladiators, Stray Cats and Tornadoes calypso tents might have some legal recourse.


“If the allegations are correct, what is alleged to have occurred would be a breach of that contract. It would mean that the aggrieved parties were deprived of a fair opportunity to compete, and therefore to gain the rewards of the contract,” he explained, adding that the parties could sue for damages.


With regard to any action tents could take before Friday’s show at the Gymnasium of the Garfield Sobers Sports Complex, Thorne said the parties could apply for judicial review and/or an immediate injunction, which would force the NCF to subject them to a fair judging. He said however, that a court may exercise its discretion not to grant an injunction if the aggrieved parties could be adequately compensated through damages.


Thorne also said that the affected calypsonians would have to bring “very, very strong” proof that the breach did in fact take place.
Attorney Douglas Trotman has been retained by manager Harvey “Pop” Daniel to represent Tornadoes case.
Sharon Carew-White of The Alliance, which represents the majority of the smaller tents, said the membership was not aware of the leak and they would look into the matter before commenting.


Meanwhile, the DAILY NATION has ascertained how the scores are handled during preliminary judging.
Corporate communications specialist at the NCF Wayne Simmons said the tabulator collects the scoresheets from each judge at the end of every half and records it. At the end of the night the scores are placed in a sealed envelope and handed over to “whom it is entrusted” to be placed in a locked cabinet. That hand over is witnessed by the competition co-ordinator and the co-ordinator’s assistant.


All of the envelopes are handed over to the auditors on the morning of the final judging, and the scores from the last tent are handed over to them for input, after which the final results are given.


Reliable information suggests that the system was altered in recent years. An NCF staffer reportedly inputs the information into a programme on a daily basis, which allows for efficiency. Last year the results were back at a record 11 p.m.