ON OCTOBER 4, 2010 I wrote an article titled 'Either Greg Christie or Paula Llewellyn should go', based on a September 27 release from the Office of the Contractor General (OCG) which claimed that the ruling by Ms Llewellyn, the director of public prosecution (DPP), was based upon a major misstatement of fact with respect to the culpability of Ms Susan Simes into certain contracts which were awarded by the Jamaica Urban Transit Company to Simber Productions Ltd.

The OCG had found that Douglas Chambers, former chairman of the Jamaica Urban Transit Company, 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.

The DPP responded and 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". (September 29 Gleaner).

Serious implications

Based on this public squabble and the serious implications of the controversy I said one should go. But on December 22, the DPP conceded that Mr Chambers was killed on June 27, 2009. It means that Christie was correct all along and, therefore, I unreservedly apologise to the contractor general.

Subsequently, the DPP in an interview with Dionne Jackson Miller on RJR 'Beyond the Headlines' made the claim that the date does not make any material difference. Furthermore, she surprisingly made statements and innuendoes about the deceased, Mr Chambers. I did not know such things could have been said about someone who is dead. She also said the company secretary could have been acting under duress. I did not know that such speculation could be tolerated. But since the Jamaica Bar Association and other legal minds have said nothing then it is best to leave it alone.

Unsubstantiated

There are others who need to apologise to the contractor general. C. Anthony in last Saturday's Letter of the Day charged that the OCG expressed "unsubstantiated fears and suspicions". However, the contractor general claimed that he wrote to the cabinet secretary on January 14, 2010 requesting a comprehensive list of all assets slated for divestment in the financial year 2010-11. And he claimed that was not provided. That is not unsubstantiated.

The OCG also claimed that as late as November 2010, the prime minister said a condition precedent to the sale would be the dropping of the US$28 lawsuit by Gorstew against the government and other issues related to cost overruns. That is not unsubstantiated. C. Anthony needs to apologise.

Some persons have told me that the contractor general was wrong in his recommendations concerning his ruling in the Christopher Tufton/Donovan Stanbury/Aubyn Hill investigation. And not one of those persons claimed that they have read the 148 page report! Until they have read and fully examined the report and can prove otherwise, they also need to apologise. And I heard a lawyer commenting on radio on the case and also admitted that he did not read the report. He, like others, need to apologise.

Apologies to Contractor General Greg Christie are due from many persons.

Devon Dick is pastor of the Boulevard Baptist Church in St Andrew. Send comments to columns@gleanerjm.com.