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ATTORNEY-AT-LAW BERT Samuels has suggested that an admission by permanent secretary in the Ministry of Agriculture and Fisheries Donovan Stanberry, that he made a "genuine mistake" in furnishing false information to Contractor General Greg Christie might not prevent him from facing the court for perjury.

Agriculture Minister Dr Chris-topher Tufton and government consultant and businessman Aubyn Hill have also been accused by the Office of the Contractor General (OCG) of breaching the Perjury Act.

"Where one has subjected oneself to an oath and it is found that one was not speaking the truth, you may be asked to give your explanation to a court of law but you cannot by virtue of saying that you made a mistake ask the prosecutor not to prosecute you. The prosecutor may, in the use of his or her discretion, waive the position to take a prosecution against you," Samuels told The Gleaner in an interview yesterday.

He stressed that a mistake was not "a bar to being prosecuted, it is rather a defence after you are prosecuted and you face trial."

Proof needed

Another attorney, who asked not to be named, has argued that if it can be proven that someone made an error in a statement given to the OCG, there is little chance that the person would be charged for perjury.

"If at the time he said it he honestly believed it was true, it is very difficult to say he was lying. You are only lying if you deliberately set out to mislead, you know the truth but you say otherwise."

However, the attorney pointed out that the matter was now left to the Director of Public Prosecutions (DPP) Paula Llewellyn who would make a decision.

"The DPP will now review the papers and based upon all the evidence she has, make up her mind whether she thinks she can satisfy a judge or jury, beyond reasonable doubt, that there was a deliberate intention to deceive."

In a special report of investigation by the OCG into multimillion-dollar consultancy contracts to businessman Aubyn Hill, the contractor general said the three men had provided statements which were "manifestly and materially false". He said they made sworn statements before a justice of the peace to be true, accurate and complete, stating that "employment contracts" were awarded by the ministry to Hill.

However, documentary evidence and subsequent sworn statements contradicted the initial responses.

And yesterday Christie took issue with the ministry's response to the OCG's special report of investigation.

The OCG said it was alarmed at the ministry's claim that "it would therefore be illogical, having obtained a Cabinet approval to contract Mr Hill, to seek further approval from the lower levels of approval in the procurement system".

"The fact that a Cabinet minister and a permanent secretary could issue such a statement has now called into question grave and fundamental issues of governance, the rule of law and accountability in the administration of the Jamaican public sector," Christie said.

edmond.campbell@gleanerjm.com