Colin escapes

The Director of Public Prosecutions (DPP) Paula Llewellyn has decided against mounting criminal charges against former government minister Colin Campbell in relation to the Trafigura scandal.

On August 23, the Office of the Contractor General (OCG) wrote to the DPP asking that she determine whether Campbell was a person associated with private bodies obligated to respond to an OCG requisition in light of the fact that the former government minister had failed to answer some questions put to him during a special probe.

The probe related to a multimillion-dollar donation to the People's National Party (PNP) by Dutch company Trafigura Beheer.

Campbell was at the centre of the Trafigura scandal in which the governing PNP received a $31-million donation from Trafigura in 2006 while the company had an oil-lifting agreement with Jamaica. In the midst of the controversy, Campbell was forced to resign as information minister.

The OCG wanted Campbell to be charged under the Contractor General Act for obstructing and hindering its probe into the matter.

The DPP was also asked to decide whether there was sufficient material in the OCG's report to form the basis for the matter to be referred to the police for further investigation.

In her media release yesterday,  the DPP said it was her view that Campbell did not provide responses to questions eight to 10 of the requisitions from the OCG dated October 26, 2006. She found that Campbell had no lawful justification or excuse for not providing the responses.

"In so doing, he has, on the face of the legislation, obstructed and hindered the contractor general in the execution of his functions in relation to this investigation," Llewellyn found.

But the DPP said there was no independent material, possibly from Trafigura Beheer or from the Dutch authorities, that clearly contradicted Campbell's position that the donation was not linked to the Nigerian oil-trading agreement, or that Campbell was trying to cover up any matters.

She said the absence of independent material would weaken the case to ground the concept of intent to commit a crime.

Proof is a must

According to Llewellyn, there must be proof of criminal intention to commit an act for her to mount a viable prosecution.

Llewellyn also raised concern about the delay between the time the investigation was conducted and the date when the OCG's report was sent to her.

The DPP said no satisfactory reason had been proffered for this "inordinate delay" between the occurrences in 2006 and the request of her office in 2010. She also pointed out that the OCG could, as a complainant, send the matter directly to the police.

"The fact that this option was not pursued in the case from 2006 or even in 2007 would bear adversely on the perception of the sincerity of the prosecution in initiating proceedings, and it is a factor that the court could take into consideration in making a ruling adverse to the Crown in instituting this prosecution," Llewellyn said.

Campbell was preparing for a return to representational politics by way of North Central Clarendon. But no sooner had he signalled his intentions, than the contractor general released a report indicating that he believed Campbell should be charged.

The former government minister has said that in light of Christie's recommendation, he has decided not to offer himself as a candidate at this time "as I await the decision of the director of public prosecutions".

Campbell has also vowed: "I shall return."