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CHRISTIE: 'I'm leaving next year'
Conttracor General reveals decision to House Committee
BY ERICA VIRTUE Sunday Observer writer virtuee@jamaicaobserver.com
Sunday, February 20, 2011
JUST over two weeks after Prime Minister Bruce Golding gave strong endorsement of the tenacity, zeal and energy with which Greg Christie approaches his job, the contractor general says he will be demitting office next year when his contract expires.
“I am gonna leave next year. I am leaving the office behind,” Christie told members of the Joint Select Committee of Parliament who were deliberating on his office’s annual report last Thursday.
Later, outside the parliament chamber at Gordon House when he was asked by this reporter about his decision, Christie — known for issuing long news releases and very detailed, voluminous reports — would only offer: “It’s a very short quote. It’s just one line. I am leaving the office next year. It’s nothing much to write about.”
Christie’s statement to the committee prompted Opposition Senator Basil Waite to express the hope that the contractor general “would reconsider”.
Christie made the announcement while responding to concerns raised by another committee member, Gregory Mair, that public hostility between his office and that of the Director of Public Prosecution (DPP) was hurting both institutions.
“Whereas I find it good that you interact with the Office of the DPP on certain matters, I do have a problem when that is done through the public domain and you find a titfor-tat between the Office of the Contractor General and the Office of the DPP in the public domain,” said Mair, who is also a Government parliamentarian. “It hurts our institutions, which are the pillars of our democracy. It is bad, very bad.”
Additionally, Mair said he had another bone of contention.
“The other concern I have is that the report of the OCG (seems) to be comparing the present DPP with the former DPP in rulings; it has innuendoes. And I personally, Mr Christie, don’t think it is good.”
While Mair said he had total respect for the authority of both offices, he suggested that they should use private exchanges to settle their differences instead of uttering public challenges.
“The role of the OCG ends with the report, and then it goes to the DPP, and then they take it from there. If you have concerns, I do believe you can have private exchanges, for your records, for whatever. But I do have a problem when the Office of the DPP and OCG are challenging one another in the public domain,” said Mair.
Committee member and Opposition parliamentarian Fitz Jackson said he shared some of Mair’s concerns and suggested more civil or quiet interaction between both offices.
In recent months, Christie and DPP Paula Llewellyn have exchanged verbal barbs over investigations completed by his office and sent to the DPP with recommendations for legal action.
Christie, in his annual report to Parliament last September, had expressed concern that none of over 30 referrals directed by the OCG to the DPP had “given rise, whether directly or indirectly, to a criminal charge, arrest or prosecution”.
Christie had also said that his office had not been formally advised of the Office of the DPP’s considered positions or rulings regarding some of the said matters.
Among the more notable cases are those of former Information Minister Colin Campbell whom Christie had recommended be charged for obstructing and hindering the OCG’s probe into the Trafigura affair; and television personality Susan Simes whom Christie had said should be charged in relation to her handling of shares in Simber Productions Ltd, a company for which she is a director.
The OCG had opened a probe into what was suspected to be the “irregular” awarding of contracts by the State-run Jamaica Urban Transit Company (JUTC) to Simber Productions in which former JUTC Chairman Douglas Chambers and Simes were the only shareholders.
At the end of the probe, Christie said his office found that Chambers was at all times Simber Productions’ majority shareholder and that three weeks after his murder in 2008, Simes filed an amended annual return on July 16, 2008 on behalf of Simber, which resulted in her becoming the company’s majority shareholder.
The OCG’s findings were sent to Llewellyn’s office for charges to be determined. But in September last year, Llewellyn ruled that no member of the board of the JUTC should be charged. Llewellyn also ruled that no charges could be brought against Simes, as the annual return was filed three weeks prior to Chambers’ death.
But Christie took issue with the ruling concerning Simes and wrote to Llewellyn in September, October and December calling on her to seek clarification on the date of Chambers’ death. He pointed out that the filing was in fact done three weeks after Chambers’ murder.
Llewellyn subsequently admitted in a letter to Christie in December last year that Simes had in fact filed the return three weeks after Chambers’ killing.
In response, Christie issued a statement to the press, declaring that Llewellyn “concedes” that her ruling in the matter was “factually flawed”.
But the DPP promptly shot back, saying that a further probe by her office in conjunction with the police had revealed that Simes had been the majority shareholder in the company since August 2006 as reflected by public record.
That exchange appeared to have irked Christie considerably as he spoke to it during last Thursday’s meeting. He recalled that after the DPP handed down her ruling on September 27, his office “immediately realised that she had made a grave error. We wrote to her and we told her, you have made an error”, he said.
According to Christie, it was not just the fact that the DPP implied that the OCG had got it wrong that irked him, but that she relied upon that ruling to come to a position with respect to criminal culpability in the case.
He spoke of the three letters he wrote to the DPP, and recalled that it was only on the third occasion that his correspondence was acknowledged and there was an acceptance that an error was made.
However, according to Christie, the DPP did not publicly acknowledge the error, though the ruling which, he said, impugned the credibility of his office was made public.
“When I leave the office, these folks (his staff) are gonna be there, and I have a responsibility to protect the integrity of my office and the integrity of our reports. We are not saying that we can’t make mistakes. But when things like this are imputed to us in the public domain, you cannot insist that I correct it in private,” he said in response to Mair.
Christie also appeared piqued by the DPP’s ruling in the case against Campbell whom he claimed had failed, without lawful justification or excuse, to comply with a lawful requirement of the OCG and therefore obstructed the probe into the Trafigura affair by withholding critical information.
Trafigura came to the attention of Jamaicans in 2006 when the then Opposition Jamaica Labour Party revealed that the Dutch firm, which traded oil for Jamaica on the international market, had donated $31 million to an account operated by Campbell, who at the time was also general secretary of the ruling People’s National Party (PNP).
The money was transferred to the account just prior to the PNP’s annual conference that year.
Trafigura said the money was part of a commercial agreement, while the PNP maintained that it was a donation to the party.
The ensuing scandal from the transaction damaged the PNP, and Campbell resigned as the party’s general secretary and from the Cabinet. A few days later, PNP president and then prime minister, Portia Simpson Miller, ordered the money sent back.
“In the ruling with respect to Mr Colin Campbell, the DPP conceded that she had mens rea, and she had actus reus. Those are the two ingredients that you must prove for criminal offences,” Christie told the committee on Thursday.
He said six reasons were given why the DPP could not proceed with criminal prosecution, four of which were based on time.
He said Jamaica does not have a statute of limitations on criminal offences and clarification was sought as three months after Llewellyn’s ruling Dutch investigators said they were headed to Jamaica regarding the same matter.
“The fifth reason she gave was that ‘the offence in question is a summary offence, one for which the maximum penalty is $5,000. That's not true. The Act says a fine not exceeding $5,000 or imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment,” Christie said.
According to the contractor general, because the fine is de minimis, the DPP was unwilling to prosecute.
Christie said the unwillingness has to be clarified for his office as the whole investigation appeared to have been a waste of taxpayers’ money.
Christie said his office has made efforts at rapprochement with the Office of the DPP in the past and cited a letter dated October 14, 2010 in which he addressed the issue of collaboration. He also told the committee that a senior deputy DPP has been working as a liaison between both offices.
Committee members floated the idea that officials from both offices could be invited to their next meeting, but Opposition Senator Mark Golding said while it could prove very entertaining, he believed it to be an unwise decision.
During Thursday’s sitting, Christie charged that in Jamaica, there appears to be one law for the rich, and one for the poor. He also defended his office, his staff and the investigations undertaken.
“We do not question the constitutional legal authority of the Office of the DPP to start and stop criminal prosecutions, as only that office is entitled to,” he said. “Our objective is to search for the truth. And, as I have said before, neither I, nor the head of any other state agency should be above enquiry. Certainly I am not above enquiry. I am enquired into every day, you see it in the media.”
Christie replaced Derrick McKoy as contractor general in November 2005.
Throughout his tenure Christie has angered politicians on both sides of the political fence, some of whom have accused him of being overzealous and over-reaching in the execution of his duties.
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2/20/2011
Hell, cant you just go like tomorrow??
2/20/2011
Thank God for Greg Christie! ... If DPP Paula Llewellyn had half the courage that Mr. Christie has shown in attempting to weed out corruption in our public sphere, she would have launched an independent investigation into the Trafigura Beheer Affair as to why then Government Minister Colin Campbell had received a $30,000,000 payment from the Dutch company with which the Government of Jamaica was contracting to do business, and for which the country has had no satisfactory explanation to date. Instead we are now reading Mr. Campbell is preparing to launch a new his bid to re-enter representational politics. The gentleman is obviously quite anxious to represent citizens of Jamaica at the parliamentary level once again. And why not? Since there are absolutely no consequences whatsoever to fear, when companies transacting business with the Government of Jamaica transfer millions of dollars to the private accounts of sitting government ministers. May God help us all!
2/20/2011
It's going to be a sad day for Jamaica and the cause of good governance when Mr. Christie leaves office. Why couldn't it have been Bruce, Dorothy, Doug Leys and Vaz leaving office next year? Come to think of it, they just might be as there'll be elections next year so there's hope.
2/20/2011
It's now 4.30pm and there is not one post as to this shocking news. The best Government employee for the past HUMPTINE years is stepping down. Yes! Not one post. We are all shell shocked.This man seemed to have been enjoying his work, and I don't have to ask why he has reached this dicision,CRONYISM; It only is painted with a different COLOUR. Hold that! It might have been mixed all along but we were unable to detect it. But let me warn them TIME LONGER THAN ROPE. Memba dat.
2/20/2011
Please do not allow negativism from the corrupt to frustrate you Mr Christie.
2/20/2011
i hope this good man reconsider his mind about leaving, arguably greg christie could easily top the best public servant in this country since bustamante, we need another 1000 ps like him .now let me say i hope he will be moving to head the dpp because we have a dead political machine at work heading the dpp presently so for the sake of justice i think it would be a most prudent idea for ms. Llewellyn to resign we need someone who the politicians are not able to lock in their pocks good job greg
2/20/2011
The opposition and government must have consensus to retain Mr Greg Christie if they are serious about accountability justice and the business of the collective. As long as he is in good health he should remain in office. Civil servants of the caliber of Mr Greg Christie are like finding a needle in a hay stock. A honorable Jamaican. Why there is no common ground between the OCG and the DPP are they not in defence of the same objectives accountability and Justice and work for same institution?
2/20/2011
This will be a sad day for Jamaica when Mr Christie leave office .I think he is been driven out a office by all the corruption in the governments(PNP&JLP)and the justice system With out the Ja people behind he 100%his job is more of a suicide mission. He is the only member of government who is willing start the clean up and here he stands alone . This is a real shame, where are all the commenters who are always talking about change. I guess this is not inportant . ONLY IN JAMAICA GOD HELP US
2/20/2011
How amusing! Mair presumes to chastise Christie.
2/20/2011
As usual someone with integrity steps down from a post, I am sure all the corrupt citizens in Jamaica will be rejoicing now. No wonder the country has gone regressed since independence, if there is anyone willing to stand up for law and order , his character must be destroyed with scuttle threats and innuendos. Walk good Mr. Christie, gone on to bigger and better things and leave them in the cesspool that has become business and politics as usual. As an American/Jamaican I am discussed.
2/20/2011
Member of Parliament Mr Mair, seems to be either in denial, or is living in the past. His argument of obfuscation about "public hostility between the OCG and the DPP are hurting both Institutions" is plain hogwash. What is fueling the "hostility" is the rampant corruption and lack of ACCOUNTABILITY in Governance. Mr Christie did not create the corruption, or the aiding and abetting of criminals in the Country. Your failure to challenge the status quo among your Leadership is quite visible.
2/20/2011
Corruption in politics is exasperating; I feel Christie's pain. The political machinery needs him: it is an understatement to say that we need checks and balances.
2/20/2011
Will he be the new "Special Prosecutor"?
PM Golding has been reported as saying the Christie-like characteristics are ideally suited for this position.Why take a substitute when you can appoint the genuine?
JA Cynic
2/20/2011
Thanks you very much Mr Christie for your tireless service in the OCG. You have done your job with tremendous courage and fidelity. Wish we had a system of government where the Office of the Prime Minister/Cabinet is not linked to Parliament. It this was so, most of the current members would be long gone. Most are there, not because they want to service their constituencies but high hopes of becoming a cabinet members, thereby, giving them them the easy access to taxpayers money.
2/20/2011
Mr. LLoyb B was so right. Is it not plain that the reason for Mr.Christie's decision to demit office is as a result of a consorted effort of corruption by the BOTH political parties? How or WHY should any MP question Mr.Christie's zeal in the execution of his duties? And now by what is reported here the DDP does not know what she is doing or being led/directed by a bunch of corrupted no-good. There is no help for us. Just when we believe we were about to realize some they burn the way to it.
2/20/2011
Let us be clear, we respect the work of the Contractor General. However this particular office holder took things very personal and did not seem to respect the work of other public service office holders - like the DPP. He seemed to think any decision or position his report/findings hold, everyone else should just fall in line behind him. Well, that is what caused our institutions to be in the public cass-cass now. This man needs to go, he cannot handle power responsibly.
2/20/2011
Christie the Prime Minister's endorsement was not meant well, and you were smart enough not to swallow or wallow into such superficial praise. Well someone else take your place, no doubt. And a word of advice, WRITE A BOOK ON WHAT Jamaica needs to be uncorrupt. You will not be missed Christie, you gave in too easily. Enter politics at your own peril.
2/20/2011
They finally manage to force Christie out of office. Jamaica will not only be one of the most corrupt countries on earth, it will now be the MOST CORRUPT.
2/20/2011
This is some sad news. I am sure that those who despise honesty, those who speak dishonestly of the need for integrity, those who want to see corruption flourish, those who are threatened by those who work for honesty, and certainly all our politicians will rejoice in this news. Even this newspaper seems to have joined in the efforts to taint this man. How about weighing the good he has done against the bad? I forgot; he stands for honesty, an alien concept for some.
2/20/2011
This is not good news. CG we need you in public life - seriously consider politics. Jamaica needs change.
2/20/2011
The opposition which is biting at the "chops" with the anticipation that they will be elected must be elated.
This CG has done a tremendous job. but the problem of corruption is so deeply en grained in the Jam society, that it will take years to create a new society.
Bandoolism is everywhere!
2/20/2011
Another one of Jamaica's beacons have thrown in the towel. In Mr. Christie's current capacity as OCG, I can understand. It is so sad but sadly not unexpected. I only hope & pray that he goes after the DPP job or even the PM job. We should stand up and fight with Mr. Christie to oust these crooked politicians, instead of being entertained by their rubbish! As he rightly observed, one law for rich & different one for poor. The Man cannot do it alone! How long before we stop talking & doing!
2/20/2011
Wow!! A sad day for Jamaica! A joyous day for corrupted politicians and civil servants.
- I would be happy if it was the head of the DPP who was going
- Thank you Mr. Christie for keeping us informed and for making us believed that there was hope for Jamaica; with u goes that hope.
- You are a leader of integrity and strong will, and that went against the norm.
- Thank you again Sir for your audacity to make a positive change...
- Jamaica needs you, so please re-consider..
2/20/2011
Certain MP in the house must be smiling when he hear this news,Mr.Christie as done his job well,I hope the politicians who think this man was over zealous have now gotten the chance to put in place someone they can control.
2/20/2011
It is sad not to see that Christie is leaving but that he squandered his opportunity, mucjh like some politicians. His attraction to media and rush to soil people's names, before completing an investigation, not only went against the "inncoent until proven guilty" but compromised the important OCG. He no doubt has brought awareness to corruption, and has been effective, but his style of execution has compromised the OCG and allows the guilty to seem innocent. He should leave office for this
2/20/2011
So another good Jamaican in Greg Christie "bites the dust from public service". Are we going to hear how poor he was as is customary with all other public servants and persons on Government boards that have either resign or asked to resign?
We can’t develop a nation of yes men/women, if this is what our political system is gearing up to become the people will retaliate and it will not be a PNP vs JLP clash.I hope the person that will take over will'nt B a political appointment, a closet PNP/JLP
2/20/2011
Sorry to hear of your decision Mr. Christie. What your office is supposed to be is in direct contradiction with a system that rewards illegal behaviour at the highest levels of society. What they want is someone to protect reputations and not the public trust. I would only hope you have been able to help such society to see the value of transparency and accountability. Many of us dont believe in these tenets as a basis for a well run operation.. government or private sector. Much respect.
2/20/2011
Ah Ah. For those of you who beleive this is good news...think again. Greg will be back as the Special Prosecutor. Mark my words. Remember Bruce's endorsement of him. Gregg cannot get a job in the private sector because he has ruffled so many feathers. They will conspire to keep him out. Gregg's dream is to send some of these people he reported on to prison. He didn't succeed with DPP's office now this is his opportunity.. GREGG WILL BE JAMAICA's FIRST SPECIAL PROSECUTOR. Time to WET PANTS
2/20/2011
"...when he was asked by this reporter about his decision, Christie ... would only offer: “It’s a very short quote. It’s just one line. I am leaving the office next year. It’s nothing much to write about.”
After the recent round of vitriol hurled at him by this publication were you seriously expecting more than that?
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