Cops called in on JUTC probe - DPP office hands .....

[Lazie]

Cops called in on JUTC probe - DPP office hands corruption case to police


THE ONGOING saga at the state-owned Jamaica Urban Transit Company (JUTC) took another twist yesterday, with the police being called in to probe allegations of corruption and criminality.

Director of Public Prosecutions (DPP) Paula Llewellyn called in the cops after going through a report submitted by Contractor General Greg Christie.

"The DPP's office has reviewed the report thoroughly but is at this time constrained in its ability to make an informed decision as to whether or not anyone is to be prosecuted for a criminal offence," Llewellyn said.

"In keeping with the dictates of criminal law and the various issues that the director (of public prosecutions) considers when determining to undertake a criminal prosecution, material must be gathered that will enable the Crown to, at the very least, establish a prima facie case," the DPP added.

In handing over the matter to Police Commissioner Rear Admiral Hardley Lewin, the DPP named media practitioner Susan Simes, her company, Simber Productions Limited, and acting managing director of the JUTC, Bindley Sangster, as persons of interest who should be the target of investigations by the police.

Insufficient evidence

She argued that while the contractor general's report seemed to disclose clear departmental breaches by some individuals, this was not sufficient to initiate criminal proceedings.

"The DPP's office must have the police prepare a file based on their independent and objective investigations before it will be in a position to objectively and dispassionately come to an informed decision in this matter in respect of whether or not to prosecute for any criminal offence," argued Llewellyn in a release issued yesterday.

She claimed this was normal practice adopted by the DPP's office.

Llewellyn was responding to the contractor general who, last month, charged that Sangster committed a criminal act when he wilfully made a false statement "which was designed to mislead the Office of the Contractor General".

That offence is punishable by a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months, or both.

The contractor general also raised concern about a possible criminal act in the declaration about the majority shareholder in Simber Productions after the murder of JUTC chairman Douglas Chambers.

Illegal transfer

According to the contractor general, before his untimely death, Chambers was at all times declared the majority stakeholder in Simber Productions, but three weeks after his death, an amended annual report was submitted which listed Simes as the majority shareholder.

Under the law, it is illegal for anyone to transfer or otherwise interfere with the assets of a deceased person.

The transport ministry is expected to use a press conference this morning to provide the country with an update on the state of affairs at the JUTC.

arthur.hall@gleanerjm.com

http://www.jamaica-gleaner.com/glean...ead/lead3.html

[Lazie]

Meanwhile, the Observer says

No criminal charges
DPP rules on contract breaches at JUTC
BY INGRID BROWN Senior staff reporter browni@jamaicaobserver.com
Thursday, December 18, 2008



NO one is to be held criminally responsible for procurement breaches identified by Contractor General Greg Christie at the state-owned Jamaica Urban Transit Company (JUTC), Director of Public Prosecutions Paula Llewellyn ruled yesterday.


Christie. released a 104-page report last month
"The DPP's office has reviewed the report thoroughly but is at this time constrained in its ability to make an informed decision as to whether or not anyone is to be prosecuted for any criminal offence," Llewellyn said yesterday.

She has, however, asked Commissioner of Police Hardley Lewin to carry out investigations into the actions of Susan Simes and her company Simber Productions Limited - a company in which late JUTC chairman Douglas Chambers was a major partner - and Bindley Sangster, former chairman of the JUTC Procurement Committee and acting managing director of the bus company.

Llewellyn said that in keeping with the dictates of criminal law and the various issues considered when determining to undertake a criminal prosecution, material must be gathered that will enable the Crown to, at the very least, establish a prima facie case.

"While the contractor general's report seems to disclose clear departmental breaches by certain individuals, this is not sufficient to initiate a criminal prosecution as the requisite standard is extremely high, that is proof beyond a reasonable doubt involving the intention and the actions of particular individuals," the DPP said.

The Office of the DPP, she said, must have the police prepare a file based upon their independent and objective investigations before it will be in a position to "objectively" and "dispassionately" come to any informed decision in respect of whether or not to prosecute for any criminal offence.

"This is the normal procedure adopted by this office in many areas," she added.

In the meantime, a source, who asked not to be named, said the DPP further outlined in details in a four page report sent to the Office of the Contractor General and other parties of interest, as to why no criminal case could be brought.

The source said the document cited a legal authority, pointing out that "a prosecution should not be instituted or continued unless there is admissible substantial and reliable evidence that a criminal offence known to the law has been committed by the accused".

Christie, in a 104-page report released last month, said the former JUTC chairman, Douglas Chambers, and Sangster falsified a report presented to him (Christie) in his investigation of the award of contracts at the bus company.

The contracts were awarded in February to Simber Productions of which Chambers was said to be the majority shareholder.

Under that contract, a JUTC SmartCard feature was aired on The Susan Show hosted by Susan Simes, who was listed as Simber's only other shareholder. A JUTC commercial, and a 'Ride and Win Summer Bling' advertisement was also produced by Simber under the contract.

Christie's report pointed to a conflict of interest in the award since Chambers was a shareholder in Simber Productions. Christie also charged that Chambers lied when he claimed he was not the major shareholder in the company.

Meanwhile, Transport Minister Mike Henry will this morning address a press briefing at Jamaica House to respond to the DPP's ruling on the JUTC, as well as the other issues which have surfaced since the contractor general's probe into procurement breaches at the bus company.

He is also expected to address Christie's earlier announcement that his office will be re-opening its probe into procurement procedures at the state-owned bus company.

Henry earlier this week called upon the contractor general to broaden the re-examination of the investigation to include procurement and contract management procedures at a number of associated companies to the JUTC, and to examine contract arrangements that the previous administration had entered into.

[Lazie]

Sickko, the 2 papers a report on the same issue, yet the Observer come with such a headline? Are they right or are they off the mark?