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Last week, Transport and Works Minister Mike Henry went wide of the mark when he took aim at the contractor general in the Jamaica Urban Transit Company (JUTC) contract award scandal.
Henry suggested that Contractor General Greg Christie had overstepped his boundaries when he recommended criminal sanctions against acting president of the JUTC, Bindley Sangster.
It does not require serious analysis to conclude that the minister did not do his homework and had failed to acquaint himself with the provisions of the Contractor General Act.
Minister Henry's comments lacked depth and were devoid of research.
We find it odd that the minister, after receiving a copy of the contractor general's report into the award of JUTC contracts, first proceeded to upbraid the contractor general on peripheral issues instead of commenting on the substance of the 104-page report.
Submitted false information
Sangster and the late former chairman of the state-owned bus company, Douglas Chambers, had allegedly submitted false information to the Office of the Contractor General (OCG) in the JUTC's quarterly contract award (QCA) report.
Christie's probe revealed that Sangster and Chambers had "wilfully" made a "false statement" on a JUTC QCA report dated July 28.
He said in his report that the statement was intended to mislead the contractor general, who was investigating the award of contracts to Simber Productions Limited, a company in which Chambers was the majority shareholder.
This contravenes the Contractor General Act and constitutes a criminal offence.
Henry had indicated that Christie crossed the line when he recommended criminal proceedings against Sangster. He argued that such a judgement would be better made by a member of the judiciary or the Director of Public Prosecutions (DPP).
In a Gleaner interview, Christie said Henry's concerns were not supported by law.
The contractor general contended he was obliged to submit the matter to the DPP, having regard to the evidence of a criminal offence under the Contractor General Act.
Further, Section 18 of the Contractor General Act gives the contractor general wide-ranging powers, comparable to a judge, in some instances, whereby he could subpoena individuals to provide statement under oath during an investigation. If false statements were made this would constitute perjury and could attract serious criminal sanctions.
Henry should also apprise himself of section 18 (3) of the Contractor General Act which states: "For the purposes of an investigation under this Act, a contractor general shall have the same powers as a judge of the Supreme Court in respect of the attendance and examination of witnesses and the production of documents."
Another issue of tangential consequence was the claim by Henry that the tabling of the contractor general's report in the Senate before it was laid on the table of the House of Representatives, was contrary to normal parliamentary procedure.
Again, Henry spewed a mouthful of nonsense and should be chided for it, as he ought to know better, being a veteran of the Lower House.
Indeed, a report of the contractor general or any other Commission of Parliament can legitimately be first tabled in either of the houses.
Section 28 (3) of the Contractor General Act says: "Reports under this section shall be submitted to the speaker of the House of Representatives and the president of the Senate who shall, as soon as possible, have them laid on the table of the appropriate House."
Clerk to the Houses of Parliament, Heather Cooke, last week told The Gleaner that parliamentary procedure was not breached on November 28, when the contractor general's report was tabled in the Senate.
She explained that it was appropriate for the report to be tabled first in the Senate before it reached the House without violating parliamentary practice.
In July, the transport minister had criticised a decision by the contractor general to investigate the procurement practices of the JUTC following media reports of breaches at the company.
The OCG has been carrying out its job fearlessly, with no regard for political stripes under any administration. This critical Commission of Parliament should be encouraged to intensify its resolve to investigate and unearth corruption and impropriety in the public sector.
http://www.jamaica-gleaner.com/glean...ews/news4.html
Henry suggested that Contractor General Greg Christie had overstepped his boundaries when he recommended criminal sanctions against acting president of the JUTC, Bindley Sangster.
It does not require serious analysis to conclude that the minister did not do his homework and had failed to acquaint himself with the provisions of the Contractor General Act.
Minister Henry's comments lacked depth and were devoid of research.
We find it odd that the minister, after receiving a copy of the contractor general's report into the award of JUTC contracts, first proceeded to upbraid the contractor general on peripheral issues instead of commenting on the substance of the 104-page report.
Submitted false information
Sangster and the late former chairman of the state-owned bus company, Douglas Chambers, had allegedly submitted false information to the Office of the Contractor General (OCG) in the JUTC's quarterly contract award (QCA) report.
Christie's probe revealed that Sangster and Chambers had "wilfully" made a "false statement" on a JUTC QCA report dated July 28.
He said in his report that the statement was intended to mislead the contractor general, who was investigating the award of contracts to Simber Productions Limited, a company in which Chambers was the majority shareholder.
This contravenes the Contractor General Act and constitutes a criminal offence.
Henry had indicated that Christie crossed the line when he recommended criminal proceedings against Sangster. He argued that such a judgement would be better made by a member of the judiciary or the Director of Public Prosecutions (DPP).
In a Gleaner interview, Christie said Henry's concerns were not supported by law.
The contractor general contended he was obliged to submit the matter to the DPP, having regard to the evidence of a criminal offence under the Contractor General Act.
Further, Section 18 of the Contractor General Act gives the contractor general wide-ranging powers, comparable to a judge, in some instances, whereby he could subpoena individuals to provide statement under oath during an investigation. If false statements were made this would constitute perjury and could attract serious criminal sanctions.
Henry should also apprise himself of section 18 (3) of the Contractor General Act which states: "For the purposes of an investigation under this Act, a contractor general shall have the same powers as a judge of the Supreme Court in respect of the attendance and examination of witnesses and the production of documents."
Another issue of tangential consequence was the claim by Henry that the tabling of the contractor general's report in the Senate before it was laid on the table of the House of Representatives, was contrary to normal parliamentary procedure.
Again, Henry spewed a mouthful of nonsense and should be chided for it, as he ought to know better, being a veteran of the Lower House.
Indeed, a report of the contractor general or any other Commission of Parliament can legitimately be first tabled in either of the houses.
Section 28 (3) of the Contractor General Act says: "Reports under this section shall be submitted to the speaker of the House of Representatives and the president of the Senate who shall, as soon as possible, have them laid on the table of the appropriate House."
Clerk to the Houses of Parliament, Heather Cooke, last week told The Gleaner that parliamentary procedure was not breached on November 28, when the contractor general's report was tabled in the Senate.
She explained that it was appropriate for the report to be tabled first in the Senate before it reached the House without violating parliamentary practice.
In July, the transport minister had criticised a decision by the contractor general to investigate the procurement practices of the JUTC following media reports of breaches at the company.
The OCG has been carrying out its job fearlessly, with no regard for political stripes under any administration. This critical Commission of Parliament should be encouraged to intensify its resolve to investigate and unearth corruption and impropriety in the public sector.
http://www.jamaica-gleaner.com/glean...ews/news4.html
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