No charge for MP

DPP rules in bribery allegation against Joe Hibbert

Saturday, March 20, 2010

DIRECTOR of Public Prosecutions (DPP) Paula Llewellyn ruled yesterday that there is not sufficient evidence available for charges to be made against Joseph Hibbert, the Government MP accused of bribery in the Mabey and Johnson bridge scandal.

However, Llewellyn said there is "sufficient compelling material" for the police to further investigate allegations of corruption on the part of the former junior works minister, who was in September of last year named as one of a dozen politicians and officials allegedly bribed by the British firm for favours around the world.

Llewellyn's ruling comes after weeks of perusing the report of Contractor General Greg Christie, which was turned over to her office for action in October of last year into the allegations against Hibbert, which surfaced in December 2008.

"Most of the material (in the contractor general's report) comes from investigators abroad. The document cannot grow arms and legs and walk into court and give evidence. The police will have to use information in the OCG's report as a guide and go directly to get the statements from the particular persons named. If they don't do it, it's inadmissible hearsay," said the DPP.

"The report does not constitute a basis to direct that he be charged now. This can only come after the police have gathered the material to be translated into evidence to be used in court," Llewellyn told the Observer yesterday.

The embattled politician, who resigned from his post as junior minister in the Ministry of Transport and Works in July last year but held on to his job as member of parliament for East Rural St Andrew, is alleged to have collected £100,000 over an eight-year period for favours, including a contract valued at £14 million.

The alleged bribe was said to have been paid in the 1990s when Hibbert, an engineer, worked as chief technical director in the works ministry under the previous People's National Party Government.

Llewellyn, in the meantime, said that while it is widely held that Hibbert is the one being referred to by the overseas investigators and in the paper trail generated, the prosecution would have to be able to prove beyond the shadow of a doubt that he is one and the same person.

Colleague parliamentarian Ernest Smith, Hibbert's attorney, has repeatedly claimed that his client was being framed, even though Hibbert had admitted to accepting monies from Mabey and Johnson for "...out-of-pocket expenses for travel", which would itself be a breach of the administrative guidelines for public servants.

"The prosecution would have to prove beyond a reasonable doubt that a named individual Joe or Joseph Hibbert on the documents is one and the same Joseph Hibbert, member of parliament," Llewellyn said in a statement released to the press yesterday. "The method of identification and the admissions made in the requisitions to the OCG by Mr Joseph Hibbert, though sufficient to render him culpable for administrative breaches, would not suffice, without more, for proof beyond a reasonable doubt in a criminal trial.

"It is only after the collection of all this material that the Jamaican police, investigators and the prosecutorial authorities will be able to properly assess the viability of the appropriateness of going forward with a potential prosecution which will have a reasonable prospect of conviction," she said further.

Llewellyn also said the local police could face several hurdles in gathering the necessary material to base a viable prosecution, given the passage of time and the fact that critical potential witnesses live abroad, among other things.

The DPP said it was entirely up to the relevant authorities at the Ministry of Transport and Works, the Public Service Commission and/or the parliamentary or political directorate to determine what sanctions and/or other administrative actions Hibbert would be subject to, if any. This, she said, was in light of the fact that he has retired from that position and is presently a member of Parliament.

The DPP also said there was "insufficient material at this time which can form the evidential substratum for instituting criminal proceedings against Deryck Gibson, chairman of Deryck A Gibson Ltd, a former agent in Jamaica for Mabey and Johnson Ltd, for the offence of conspiracy to defraud. Gibson along with Hibbert had been under suspicion by the United Kingdom investigators in relation to the corruption allegations.

Yesterday, Hibbert's attorney expressed satisfaction with the DPP's ruling and continued to assert that his client was being framed.

"Joseph Hibbert is too honest and too humble to have been involved in the kind of massive fraud and underhanded dealings that were sought to be attributed to his name," said Smith. "I have said from day one that the name Joseph Hibbert was used by persons known and unknown to defraud Mabey and Johnson. It is very unfortunate he had to suffer the way he did."

The 'albatross', he added, has been taken from around Hibbert's neck.

As to Hibbert's acceptance of monies from Mabey and Johnson for "...out-of-pocket expenses for travel", Smith said: "It was nothing new, in the scheme of things. In fact, even after Hibbert left the ministry, and up to 2006, members of the former government travelled to England in relation to Mabey and Johnson, and had out-of-pocket expenses paid for them; in fact, certain members enjoyed the privilege of going to the Wimbledon tennis tournament with tickets purchased by Mabey and Johnson."

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 (7)

www.discount-iphone.com Blackberry
3/20/2010

well, the court has made its verdict known

Alex Matel
3/20/2010

You ever noticed, what useless laws we have in Jamaica? Its a wonder that in the past 40 something years, we have been the most "Uncorrupted" Government in the whole world, Judging from the conviction and prosecution rate of our corrupt politicians.
I truly wonder why bother to have a justice system that fails to uphold our meager laws. If there is never a conviction or prosecution of a "Big man" or member of parliament (one that is been implicated of bribery by a convicted company". What is it that can be told to the little man on the street who hustles?

Chuck Emanuel
3/20/2010

Why not initiate the process for a Special Prosecutor to handle this case ?. Is there not claims that the police is corrupt and cannot handle high profile cases involving corruption ?
So, the DPP for whatever reason sat on this case for nearly 1 year and this is the best that she can advise ?
Is this just a 9.00 AM to 5.00 PM Job for the DPP, just to feel good that she is gainfully employed and the office has some prestige ?. Or, is it that the system is so corrupt that all the DPP could continue to do is to pass the buck ?
Why would the taxpayers continue to pay taxes for salaries to support a system of bureaucratic Collectivism based on class and merely devoted to the details of administrative procedures ?..
What took so long to say this ?.
This is known as bungling !.

Melasante Daley
3/20/2010

The DPP has but a few choices, the most important being to protect their own (allegiance to party), another being, render the wrong decision and pay the price (turn in your letter of resignation). The CG has but one loyalty and that is to the people of Jamaica.

Clare Forrester
3/20/2010

So since members former govt accepted "out of pocket" expenses from lobbyists, it was OK for the MP so to do? Give me a break!

Brooklyn Jamaican
3/20/2010

Is there any precedent for convicting a "big man", in Jamaica. The only guy was the one who stole farm workers money. Canada insisted something be done.
If the Contractor General's post does not have the power of a special prosecutor, then he will be like a blow dryer blowing hot and useless air. Seems there is a rivalry between the CG and DPP.

Paul Lewis
3/20/2010

Have you ever noticed how hard it is to gather evidence, when you are not inclined to rigorously prosecute ?. I am not demeaning the Prosecutor but maybe there is the feeling that it didnt cost Jamaica anything , think again. The cost for the bribery was built into the total cost and we are left holding the bag. We may not be a so called " first world country " but we have mastered the art of " Banduloo ". I guess the first lesson taught in the youth arm of these political parties is how to cover your tracks. Ever wonder how the same guy who use to come to school with the tear up b---y pants , all of a sudden get so rich ,so fast without the benefit of the Super Lotto. We may not be able to afford the cost to elevate everybody ,but we make sure the chosen few have in abundance . We should be ashamed.

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

No charge for MP