On September 27, the Office of the Contractor General (OCG) responded to the rulings of the Director of Public Prosecutions (DPP) in the matter of the OCG's Report of Investigation which was conducted into certain contracts which were awarded by the Jamaica Urban Transit Company (JUTC) to Simber Productions Ltd. The OCG claimed that the DPP's ruling was based upon a major misstatement of fact with respect to the culpability of Ms Susan Simes.

The OCG had found that Douglas Chambers, former chairman of JUTC, was, up to the end of his life, the majority shareholder of Simber Productions Limited but that an amended annual return of Simber was executed by Simes on July 16, 2008, approximately three weeks after the June 27, 2008 death of Douglas Chambers, resulted in Simes becoming the majority shareholder of Simber.

Startling release

The OCG has issued a most startling and serious release. This would be a serious criminal offence to alter a legal document after a person's death. It would mean that the estate of Douglas Chambers, the wife and other beneficiaries, would have been denied legitimate benefits due to them. This is most damaging to Susan's credibility and needs closure.

If the OCG has made an error then the contractor general could not just say he made a mistake, ask for forgiveness and move on. He would have challenged the ruling of the DPP without any foundation and due to seriously flawed investigations, made charges damaging to someone's reputation. He would have brought the OCG and DPP into disrepute and would need to go quickly if he is wrong.

The DPP said: "Contrary to the contractor general's findings, the signing/execution of this document was done three weeks before the death of Mr Douglas Chambers and not three weeks after his passing." And that "the amended annual return of Simber Productions Limited was stamped 'received' by the Office of the Registrar of Companies (ORC) on July 17, 2008" and therefore concluded that Ms Simes was speaking the truth when she said "she was the majority shareholder in Simber Productions Limited" and therefore not "criminal liability". (The Gleaner, September 29 ).

Public challenge

The DPP has publicly challenged the findings of the OCG. The DPP needs therefore to respond to the September 27 release.

The OCG is claiming a material error when the DPP claimed that the changes occurred three weeks before Chambers died. This matter of six weeks difference needs closure. The OCG has made this statement three weeks now and, to the best of my knowledge, to date there has been no word from the DPP. If the DPP could not get this right, then it would be serious incompetence, a bad precedent, maligning the OCG, compromising the OCG and the DPP and the guilty would have got away scot-free. The DPP would have no choice but to go.

The facts in this case are easily verifiable because we know that Douglas Chambers was murdered on June 27, 2008. And both the DPP and the OCG's found that the amended annual return was stamped received by the ORC on July 17, 2008. The DPP claimed that Simes became a majority shareholder in August 2006 (The Gleaner September 29) and the signing and execution of the document was done three weeks before the death of Chambers while the OCG is contending it is three weeks after the death of Chambers.

Both the OCG and DPP cannot be right in this JUTC issue and the difference of six weeks is germane to criminal culpability to a serious offence. Therefore, either Greg Christie or Paula Llewellyn should go.

Devon Dick is pastor of Boulevard Baptist Church and author of 'The Cross and the Machete: Native Baptists of Jamaica - Identity, Ministry and Legacy'. Feedback may be sent to columns@gleanerjm.com.