OCG prepared to take Government to court

Edmond Campbell, Senior Staff Reporter

CONTRACTOR GENERAL Greg Christie on Wednesday told a parliamentary committee that his office was prepared to take the administration to court on the issue of his jurisdiction to monitor and probe the acquisition and sale of state-owned assets.

Christie said he has been challenged more than once, in recent times, by an opinion from the attorney general that his office had no jurisdiction in the matter.

Refusing to accept that opinion, Christie said that, until the Contractor General Act was amended, the issue of his jurisdiction in relation to the sale of government assets remained unchanged.

He was invited by the Public Administration and Appropriations Committee of Parliament to address administrative and other issues that impact the operation of his office.

Christie stressed that under his watch the Office of the Contractor General (OCG) would "continue to monitor and investigate, at will, any transaction involving divestment of government assets, without fear or favour".

According to Christie, he found it strange that although the Government was aware that his office monitored and investigated the divestment of state-owned assets, in particular cases, the OCG has faced strong resistance.

In his annual report which was sent to Parliament recently, Christie used four pages of his voluminous document to tackle the issue.

He declared in the report: "We are prepared to go to court with the Government to defend our position on this, that's how strongly I feel about it."

In January 2008, the OCG had sought to monitor the divestment of the sugar assets which were being divested by the agriculture ministry.

He said the agriculture ministry sought a legal opinion from the attorney general who said the OCG had no jurisdiction in the matter.

However, he said, within three months after the OCG received a letter from then Agriculture Minister Dr Christopher Tufton regarding the attorney general's legal opinion on the matter, the OCG was asked by former minister without portfolio, Don Wehby, to "enquire into the divestment of Air Jamaica Heathrow slots".

He said on April 23, 2008, Finance Minister Audley Shaw made a similar request on the floor of Gordon House.

Christie said his office did not hesitate to carry out the probe.

Strong resistance

But in a move to investigate the divestment of the Government's shareholding in the Jamalco joint-venture enterprise, the OCG said it came up against strong resistance.

"To his credit, the prime minister was one of the first persons, when requisitioned, who responded and provided responses that we asked for.

"So, here it is you have a prime minister who is acting by his conduct, signifying as far as he is concerned that we (OCG) have the jurisdiction, but over here you have an attorney general who said 'no'."

Christie charged that "The OCG is an independent anti-corruption commission of Parliament (and) it must be respected as such; it is not a political football."

edmond.campbell@gleanerjm.com