'I will fight'

Walker says he’ll contest any frivolous charge in scrap metal saga

BY KIMMO MATTHEWS Observer staff reporter matthewsk@jamaicaobserver.com

Friday, February 03, 2012

FORMER Commissioner of Customs Danville Walker yesterday said that he would fight any frivolous charge against him in relation to allegations that he obstructed the Office of the Contractor General's (OCG's) probe into a breach of the scrap metal ban.

"If my lawyers believe that I have a case, I'm going to fight it. Even if the fine is $5,000 we are going to fight it. We are going down that road. I'm afraid of no one," Walker told the Observer.

On the other hand, Walker said that if his late submission of the information requested by the OCG constituted a breach, he would not fight the matter.

He, however, reiterated that if a breach did occur it was not intentional.

Walker was responding to a ruling earlier yesterday by Director of Public Prosecutions (DPP) Paula Llewellyn that charges be laid against him.

According to Llewellyn, Walker reportedly committed administrative breaches by failing to respond in a timely manner to questions raised into an investigation into allegations that the Customs Department facilitated a breach of the Cabinet Order, which placed a ban on the trade of scrap metal.

The Jamaica Labour Party Cabinet last October placed a ban on scrap metal. Notwithstanding the order, 97 containers were shipped by Customs without the requisite permit from the Trade Board.

In his defence of the shipment, Walker reportedly said that his action was excusable because it earned foreign exchange for Jamaica.

The OCG last year referred Walker to the DPP for charges to be brought against him after he failed to provide the information requested in the probe.

Walker had contended all along that he would have provided the information but noted that he was busy with his election campaign on a Jamaica Labour Party ticket in Central Manchester. Furthermore, Walker said that he was no longer in office and could not place his hands on the relevant documents.

Yesterday, Walker said that the information requested was delivered about five days before the December 29, 2011 general election.

Late yesterday, Llewellyn told the Observer that the first of two charges contends that on December 2, 2011 without lawful justification, Walker obstructed, hindered or resisted the lawful requirement of the Contractor General (CG).

The second charge contends that contrary to Section 29 C 2 of the Contractor General Act, Walker on December 15, 2011 without lawful justification or excuse failed to comply with a lawful requirement of the Contractor General Act.

"This is what I would call the criminalising of administrative breaches. What this means is that Mr Walker did not comply in the time prescribed by the CG to answer certain questions in writing," Llewellyn said. "He did respond, but out of time."

The fine for each charge is $5,000.

The OCG said Walker received a request dated November 18 for him to provide by 3:00 pm on December 2, written answers to a series of specific questions posed to him. The date was extended but was also missed.

— Additional reporting by Paul Henry

POST A COMMENT

You must first register and then login to be able to post a comment.

HOUSE RULES

1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper – email addresses will not be published.

2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.

3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.

4. Please do not write in block capitals since this makes your comment hard to read.

5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.

6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.

7. Lastly, read our Terms and Conditions and Privacy Policy, and before commenting you need to register, conveniently, by clicking the link above.

COMMENTS (25)

Farruk BMA
2/4/2012

Everyone who is found guilt must face the full punishment. $5,000 PLUS 12 months. Time come.

barry brown
2/4/2012

Scrappy, so this is where the money were coming from to outfit the Police in C. Manchester with vehicles as gift never see smoke without fire. Send all of them to jail...........

Wa Tch
2/4/2012

Flatline @Yard Vibz

0o k
2/4/2012

A man is innocent until proven guilty before a duly constituted court of law.....That said I've always felt Mr. Walker displayed an unhealthy lack of knowledge (if not disrespect), for Constitution and/or convention.
This, from the time of the Dual Citizenship matter, when he was Chair of the Country's Electoral Commission.
Every utterances since have don/t nothing to change my opinion.
I guess Senate Seat will not be open indefinitely. Certainly he cannot be National Security Spokesperson?

Anancy Bedward
2/3/2012

@Red Ants, you are one amusing comrade bro! Your comments reflect your blind orange loyalty, nothing wrong with that as we all are biased in one way or another . At least we will always know where you stand.

Yard Vibz
2/3/2012

Dan, ah how yu suh salt, boss? Yu betta link di man outa Portland fi an ital bath, cuz yu ting chaka-chaka bad!! Notwithstanding the flaw in dates cited, the accompanying info shows a fair timeline & occurrences which led to Dan's current dilemma: early Nov, he announced candidacy; wks later, he resigned from scrap-bay (customs); a wk later, he offered to furnish Mandeville PD with bikes & SUV; late Dec, he relinquished US citizenship, lost @ the polls, & today, he's booked for insubordination.

Colin CARTER
2/3/2012

For too long the JA people has accepted mediocrity, corruption and down right disregard for the rule of law as a common place in our society.This is very evident the country's governance AND HAS TO STOP. I once again challenge not only the media but also the educators of our land to educate the JA people and arm them with the knowledge to readily identifty and the course of action it should take whenever those long standing negative traits of governance raises its ugly head. Walker has to pay.

N Manley Blythe
2/3/2012

@ claude russell, "...Walker's actions seem reasonable". Get real!
"The OCG said....by 3pm Dec 2...date was extended and was also missed."
Contractor General Act:
29. "Any person who -
b. ii. fails to comply with any lawful requirement of a Contractor-General or any other person under this Act;
shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding five thousand dollars or to imprisonment....twelve months....or to both....."

Paul Gentles
2/3/2012

A massive area of failure by Mr Tufton...he should have pushed for charges for having his cabinet order cast aside like some childs playtoy left in the way.
The law must be seen as for all, or no one will accept the law.
Govt. encourages a lawless society when it rewards a lawbreaker instead of punishing said law-breaker to the full extent of the law. A catastrophic misjudgment by the leader of the JLP - the intent signalled had far reaching implications.

fall mouth
2/3/2012

What is this man saying, that despite a ban placed by the Jamaica Labour Party Cabinet last October on the scrap metal trade,97 containers were shipped by Customs without the requisite permit from the Trade Board because it earned foreign exchange for Jamaica? . He was out of control and should be sent to prison (if found guilty, instead of a fine). Those whom the gods would destroy they first make mad.

N Manley Blythe
2/3/2012

@ Kevin Forge - "The OCG said Walker received a request dated November 18 for him to provide by 3:00 pm on December 2, written answers to a series of specific questions posed to him. The date was extended but was also missed."
Politicians, executives, leaders, MUST go to prison!!! It is not one law for them and one law for us. When the police asks for my car documents, can I ask for an extension? Can I tell them I am busy? Can I decide when to comply?
Straight prison mi seh!!! Hypocrites!!!

Rush Pope
2/3/2012

Danville was arrogant. His lawyers were facetious! And Danville just chat too much. Sometimes it is best to keep quiet. His comments on the radio to Dionne Jackson Miller that was replayed yesterday appeared to display a type of contempt for the Office of the CG. It will come back to haunt him! Serve him right. He quite likely wont go to prison but it will certainly be a scar on his record if convicted!

Jay Brown
2/3/2012

The DPP has awoken from her slumber

claude russell
2/3/2012

Kevin, it appears the CG thinks it's hard to get prosecutions so his thing is to publicly embarrass his targets. Danville Walker's actions seem reasonable in this matter. The damage to his reputation has been done though & I think that was the point.

Tajai Grant
2/3/2012

Stay strong Danville and just be guided by your lawyers. You are human hence you ain't perfect.

Cassandra Clarke
2/3/2012

Danville is a known bully and so he felt as if he could bully the OCG. I don't know why Mr. Christie continue to waste his precious time with these people. Well I guess Paula had no other choice this time around. Don't be afraid of anyone Walker because no one is afraid of you either.

enquiring mind
2/3/2012

Question: if a private citizen had shipped scrap metal out of Jamaica after the ban was in place, what would that citizen have faced? Only a J$5,000 fine? Is "it earned the country foreign exchange" a suitable defense for such an action?

James St. John
2/3/2012

What has this once honourable gentleman done to himself? Or was it all a facecard??? From "Statesman" to "Scrapman".... Where the hell is his integrity?

A Sil
2/3/2012

More "don't you know who I am, I can do as I please arrogance." It seems Jamaicans are always expected to ignore or accept "eat a food" misdeeds. Waiving the rules so that the country can eat a foreign exchange food is the mother of all food eating.

Authnel Reid
2/3/2012

WHERE IS THE SHELTER DIGICEL PAID TO BE CONSTRUCTED IN SOUTH CLARENDON?!!!

John Christian
2/3/2012

how come Paula Lewelyn is so prompt in her descion to prosecute....??

Linval Campbell
2/3/2012

Clearly Mr Walker is behaving as if he is above the law,after failing to meet deadline and ignoring the OCG request,he still think that he is right .It cannot be that the OCG MUST wait until when he is ready to submit documents,all of us have to abide by deadline,why not Mr Walker.and to see the charges as frivolous is bordering on being rude and shows contempt for the office of the OCG.

RED ANTS
2/3/2012

Wanda their are concern how late we are staying up and how early we make posting.I don't have to wait on the green people to make reply since i already know the amount green color their comment contain.When attack are made against Red Ants they are easily posted but when Red Ants return the favor then it's not post .But as the headline quote I Will Fight because this comment room is not a one don corner.All i see here is politics,If it's not politics god bless the amount of comment for that day

Jakan 2011
2/3/2012

Is a new day dawning or is it something else? Time will tell.
If I'm allowed my 2 cents worth the gentleman had lawful excuse: He was dealing with election and he was no longer in office to get the requisite documents in a timely manner. looks like Paula has decided to prove how right she has been all along-charges won't stick, you think?

Kevin Forge
2/3/2012

The OCG sent him 28 Pages of questions and wants to prosecute him for a slow response. Am I the only one who finds this odd?

Do you feel buying into Facebook now is a good investment for the long-run?
	Yes
	No

View Results
Results published weekly in Sunday Finance

Username:
Password:

Teen killed for laughing at man who fell from bicycle

'I will fight'