Lead Stories

JAMAICA'S CONTRACTOR GENERAL Greg Christie has declared his grave concern about what appears to be the failure of the Office of the Director of Public Prosecutions (ODPP) to either act on or respond to statutory referrals in a timely or effective manner.

In his annual report, tabled in Parliament yesterday, Christie said that in many cases not even an acknowledgement of the receipt of the Office of the Contractor General's (OCG) referrals had been received from the DPP's office, the Attorney General's Department or the Auditor General's Department.

He said his office had made more than 30 formal criminal-offence referrals to the ODPP but none of these had given rise to a criminal charge, arrest or prosecution.

According to Christie, since the appointment to office of Director of Public Prosecutions (DPP) Paula Llewellyn on March 5, 2008 and up until December 31, 2009, referrals have been made to the ODPP.

Christie said it was instructive to note that while no prosecutions regarding OCG referrals for breaches of Section 29 (b) (ii) of the Contractor General Act have ever been initiated by Llewellyn, her predecessor Kent Pantry did, in fact, initiate such prosecutions on the strength of similar and/or identical evidence to that which was provided by the OCG to the current DPP.

"It is also worthy of note that DPP Kent Pantry also initiated the prosecution of the said matters without reference to the Jamaica Constabulary Force."

Christie acknowledged the independence of the DPP and the exercise of her powers conferred by the Constitution, noting that the DPP "is not subject to the direction or control of any other person or authority".

Said he: "Notwithstanding, and with the deepest of respect to the ODPP and to the holder of the office, the OCG is nevertheless obliged to express its concerns regarding the matter."

He listed five referrals made to the ODPP between March 5, 2008 and December 31, 2009.

They are: the Jamaica Urban Transit Company investigation, Caymanas Track Limited, GOTEL, Air Jamaica Heathrow slots, and Mabey and Johnson corruption allegations.

Christie said that, in support of the five referrals, the ODPP was formally furnished, by the OCG, with sworn written statements and documentary exhibits given and tendered by the relevant witnesses.

According to Christie, the ODPP had advised or publicly reported that a number of the referenced matters had been passed by it to the police for further probes to be done.

However, he said: "... the fact remains that as at December 31, 2009 and as far as the OCG is concerned, no criminal charge, arrest or prosecution has been initiated arising from the referrals."

Christie said several other criminal-offence referrals to the ODPP were made over the period March 27, 2008 to February 16, 2009. Again, he said, no prosecutions, have been commenced, nor had the ODPP formally advised the OCG of its considered positions regarding the said matters.

Contacted last night Lewellyn said she had not seen the contractor general's report.

However, she said it would have been inappropriate for her to immediately comment on the matter.

"I am working on three of the reports that (Christie) has sent to my office and so I do not want to be distracted in respect of the three matters," she said.

The reports she is reviewing relate to Trafigura, the JUTC and perjury allegations against Agriculture Minister Dr Christopher Tufton and others.