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Drivers' statements give impression of illicit benefit, says Christie
Wednesday, February 06, 2008
SPENCER. at the centre of lightbulb controversy
Contractor-General Greg Christie's report on his investigation into the Cuban lightbulb saga contained startling statements that he said were given to the Office of the Contractor General (OCG) by two men whom he described as witnesses and who he referred to as Driver A and Driver B. The men, Christie said, told the OCG that property, which the OCG confirmed was registered in the name of a company in which former state minister for industry, technology, energy and commerce, Senator Kern Spencer is a director and shereholder - Butterfly Traders Ltd - was allegedly utilised in the execution of contracts under the lightbulb (4M) project.
"The circumstances are such that it could suggest that an illicit benefit was derived there-from by the senator, contrary to Section 14 (1) of the Corruption Prevention Act," Christie said in his report.
Here is a verbatim excerpt of his report on what Drivers A and B said.
18 Both Driver A and Driver B have made very serious and far-reaching allegations against State Minister Spencer. The initial allegations were made, inter alia, in a formal, interview which was conducted by OCG representatives with both men on 2008 January 16. These statements were declared, by both men to be truthful, accurate and complete and were so certified in writing to the OCG as well as before a Justice of the Peace.
As was previously indicated, however, both men subsequently sought to withdraw their statements after they were allegedly contacted by Senator Spencer and the money which they had initially claimed was owed to them, for services which they had performed in the execution of the 4M Project, was paid.
The OCG is concerned that there is likely possibility that, subsequent to the making of their statements to the OCG, these two (2) witnesses might have been intimidated and/ or coerced into withdrawing the said statements, having regard to the gravity and the very serious import of the information which was conveyed.
The following allegations were included among those which were made by Driver A and Driver B:
(a) Driver A was employed to Butterfly Traders in 2003 and began driving for the 4M Project in January 2007. $343,000 was allegedly owing to him as at the time of his visit to the OCG.
(b) Driver A was responsible for a 34-seater Mitsubishi Bus. This bus was allegedly registered in the name of Kern Spencer and was transferred to Butterfly Traders in 2005.
(c) According to Driver A, he was told by Mr Spencer that he worked for a man named 'Chin', although he was driving a bus owned by Mr Spencer.
(d) Driver A, on one occasion, transported bulbs to a 'government house' in Waterworks on Sharrow drive (the last house on Sharrow Drive). These bulbs included 193 boxes of 24 bulbs each and 118 boxes of 14 bulbs each.
(e) After the elections, Driver A, concerned about the police coming to him, tried to move the bulbs from the 'government house' to the ministry, and went to the offices of UMD to obtain the keys to the house. Driver A was told by UMD that the could not find 'any key'.
(f) When the 4M Project 'scandal' broke, Driver A was called by UMD and told that things were to be moved to the wharf. These items included bulbs, food items (such as tin mackerels), 9 broken fans and a computer, which had been used by the Cubans.
(g) Upon arrival at the wharf, Driver A was told by security personnel that because of the investigations, nothing could be placed in the container. Subsequently, and according to Driver A, the bulbs were taken by a 'truck man' to a house in Portmore under the instructions of a Mr Calvin Blackwood, who was allegedly employed to Mr Spencer.
(h) According to Driver A, when he sought to get payment for the work he had done, he heard that the company (UMD) was closed.
(i) Driver A also alleges that after being instructed to park the buses at a place called TDK in Portmore, he received a call from Driver B informing him that the buses had been 'cut up'. According to Driver A, he subsequently called Mr Kern Spencer to enquire about the buses, and Mr Spencer informed Driver A that the buses were 'cut up' because he did not want 'the Labourites' to know that his (Mr Spencer) bus was involved in the contract.
(j) Driver B indicated that he started to drive for the 4M Project in July 2006 when the initial set of Cubans had arrived and again for a few weeks in 2007 February.
(k) Driver B indicated in his statement that he had requested that Mr Kern Spencer pay him $2,000 per day. However, according to Driver B, Mr Spencer told him he could only afford $1,500 per day. According to Driver B, this meeting occurred at the residence of Mr Spencer in Waterworks.
(l) Driver B also indicated that on 2007 May 1, he again started to drive for the 4M Project. In response to a question regarding his receipt of instructions, Driver B stated that he sometimes received calls from Ms Shakes but most of his calls came from a Calvin who works with Mr Spencer.
(m) According to Driver B, to the best of his knowledge, the bus he was driving belonged to Mr Spencer but it was not registered in Mr Spencer's name but in the name of a company. When asked who he worked for, Driver B said he was of the opinion that he worked for Mr Spencer although he did not get direct instructions from Mr Spencer.
(n) Both Driver A and Driver B subsequently sought to withdraw the statements which they made to the OCG.
(o) On 2008 January 21, during a visit to the OCG, both men expressed concern that Mr Spencer had contacted them over the preceding weekend and had informed them that the payments which were outstanding to them would be paid on that day (2008 January 21).
(p) It was also alleged by the drivers that Mr Spencer told them that he was informed by one Danhai Williams that they had given information to a place in New Kingston.
(q) On 2008 January 22, Driver A returned to the OCG and informed representatives of the OCG that he had received the money owing to him. Driver A also indicated that he was told by a Mr Chin that he (Driver A) should have had a lawyer present when making his statement to the OCG and that in his capacity as a driver, he was not authorised to give any statements in regard to Universal (UMD).
(r) Driver A expressed a concern about the number of calls he had received from various individuals in regard to his making a statement to the OCG.
(s) Driver A also noted that Mr Chin had called him and said that it was being circulated at the PNP headquarters that they, Driver A and Driver B, had gone to Knutsford Boulevard and made statements about the company, Universal (UMD).
Wednesday, February 06, 2008
SPENCER. at the centre of lightbulb controversy
Contractor-General Greg Christie's report on his investigation into the Cuban lightbulb saga contained startling statements that he said were given to the Office of the Contractor General (OCG) by two men whom he described as witnesses and who he referred to as Driver A and Driver B. The men, Christie said, told the OCG that property, which the OCG confirmed was registered in the name of a company in which former state minister for industry, technology, energy and commerce, Senator Kern Spencer is a director and shereholder - Butterfly Traders Ltd - was allegedly utilised in the execution of contracts under the lightbulb (4M) project.
"The circumstances are such that it could suggest that an illicit benefit was derived there-from by the senator, contrary to Section 14 (1) of the Corruption Prevention Act," Christie said in his report.
Here is a verbatim excerpt of his report on what Drivers A and B said.
18 Both Driver A and Driver B have made very serious and far-reaching allegations against State Minister Spencer. The initial allegations were made, inter alia, in a formal, interview which was conducted by OCG representatives with both men on 2008 January 16. These statements were declared, by both men to be truthful, accurate and complete and were so certified in writing to the OCG as well as before a Justice of the Peace.
As was previously indicated, however, both men subsequently sought to withdraw their statements after they were allegedly contacted by Senator Spencer and the money which they had initially claimed was owed to them, for services which they had performed in the execution of the 4M Project, was paid.
The OCG is concerned that there is likely possibility that, subsequent to the making of their statements to the OCG, these two (2) witnesses might have been intimidated and/ or coerced into withdrawing the said statements, having regard to the gravity and the very serious import of the information which was conveyed.
The following allegations were included among those which were made by Driver A and Driver B:
(a) Driver A was employed to Butterfly Traders in 2003 and began driving for the 4M Project in January 2007. $343,000 was allegedly owing to him as at the time of his visit to the OCG.
(b) Driver A was responsible for a 34-seater Mitsubishi Bus. This bus was allegedly registered in the name of Kern Spencer and was transferred to Butterfly Traders in 2005.
(c) According to Driver A, he was told by Mr Spencer that he worked for a man named 'Chin', although he was driving a bus owned by Mr Spencer.
(d) Driver A, on one occasion, transported bulbs to a 'government house' in Waterworks on Sharrow drive (the last house on Sharrow Drive). These bulbs included 193 boxes of 24 bulbs each and 118 boxes of 14 bulbs each.
(e) After the elections, Driver A, concerned about the police coming to him, tried to move the bulbs from the 'government house' to the ministry, and went to the offices of UMD to obtain the keys to the house. Driver A was told by UMD that the could not find 'any key'.
(f) When the 4M Project 'scandal' broke, Driver A was called by UMD and told that things were to be moved to the wharf. These items included bulbs, food items (such as tin mackerels), 9 broken fans and a computer, which had been used by the Cubans.
(g) Upon arrival at the wharf, Driver A was told by security personnel that because of the investigations, nothing could be placed in the container. Subsequently, and according to Driver A, the bulbs were taken by a 'truck man' to a house in Portmore under the instructions of a Mr Calvin Blackwood, who was allegedly employed to Mr Spencer.
(h) According to Driver A, when he sought to get payment for the work he had done, he heard that the company (UMD) was closed.
(i) Driver A also alleges that after being instructed to park the buses at a place called TDK in Portmore, he received a call from Driver B informing him that the buses had been 'cut up'. According to Driver A, he subsequently called Mr Kern Spencer to enquire about the buses, and Mr Spencer informed Driver A that the buses were 'cut up' because he did not want 'the Labourites' to know that his (Mr Spencer) bus was involved in the contract.
(j) Driver B indicated that he started to drive for the 4M Project in July 2006 when the initial set of Cubans had arrived and again for a few weeks in 2007 February.
(k) Driver B indicated in his statement that he had requested that Mr Kern Spencer pay him $2,000 per day. However, according to Driver B, Mr Spencer told him he could only afford $1,500 per day. According to Driver B, this meeting occurred at the residence of Mr Spencer in Waterworks.
(l) Driver B also indicated that on 2007 May 1, he again started to drive for the 4M Project. In response to a question regarding his receipt of instructions, Driver B stated that he sometimes received calls from Ms Shakes but most of his calls came from a Calvin who works with Mr Spencer.
(m) According to Driver B, to the best of his knowledge, the bus he was driving belonged to Mr Spencer but it was not registered in Mr Spencer's name but in the name of a company. When asked who he worked for, Driver B said he was of the opinion that he worked for Mr Spencer although he did not get direct instructions from Mr Spencer.
(n) Both Driver A and Driver B subsequently sought to withdraw the statements which they made to the OCG.
(o) On 2008 January 21, during a visit to the OCG, both men expressed concern that Mr Spencer had contacted them over the preceding weekend and had informed them that the payments which were outstanding to them would be paid on that day (2008 January 21).
(p) It was also alleged by the drivers that Mr Spencer told them that he was informed by one Danhai Williams that they had given information to a place in New Kingston.
(q) On 2008 January 22, Driver A returned to the OCG and informed representatives of the OCG that he had received the money owing to him. Driver A also indicated that he was told by a Mr Chin that he (Driver A) should have had a lawyer present when making his statement to the OCG and that in his capacity as a driver, he was not authorised to give any statements in regard to Universal (UMD).
(r) Driver A expressed a concern about the number of calls he had received from various individuals in regard to his making a statement to the OCG.
(s) Driver A also noted that Mr Chin had called him and said that it was being circulated at the PNP headquarters that they, Driver A and Driver B, had gone to Knutsford Boulevard and made statements about the company, Universal (UMD).
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