THE Constitutional Court was yesterday urged to absolve two former Cabinet ministers from answering any questions in the Trafigura corruption probe, as, among other things, they are being hounded because of their political affiliation.

Attorney Deborah Martin, who is representing the People’s National Party’s (PNP) Colin Campbell and Phillip Paulwell, told the court that the two — along with Prime Minister Portia Simpson Miller, Environment Minister Robert Pickersgill and businessman Norton Hinds — were being discriminated against because of their political affiliation, which is contrary to the Charter of Fundamental Rights and Freedom.

“The claimants are contending that the entire action is political… All of this is because of a political agenda,” Martin told the court.

She said that if it wasn’t for a request from the Jamaica Labour Party, the Dutch authorities wouldn’t have launched its probe into a $31-million donation to the PNP. Additionally, Martin said that the Office of the Director of Public Prosecutions (ODPP) wouldn’t have obtained an order from Justice Roy Anderson compelling the five to answer questions being posed by Dutch authorities probing allegations of bribery against officials of Trafigura, with which Jamaica had an oil-lifting arrangement.

All five persons are challenging a November 2010 order by Justice Roy Anderson for them to appear in the Supreme Court to answer questions.

The five are contending that under Jamaican laws they cannot be compelled to give statements in the matter as they are being considered suspects in the probe.

For that reason, Anderson’s order, it is being argued, should be struck down because it is in breach of their right to remain silent under the Constitution of Jamaica.

Yesterday the court was told that Simpson Miller and others had met with representatives of the Office of the DPP and answered questions. They only refused to co-operate further because the prosecutor’s office refused to tell them who was the public official under probe.

Martin said that the five are of the impression that they are suspects in the probe because of the questions being asked and because they have been called defendants in court documents.

Attorney Bert Samuels, who is representing the prime minister and Pickersgill, started making submissions yesterday and is to continue today.

The PNP had said the money was a donation for electioneering, but Trafigura claimed that the money was payment on a commercial agreement.

Dutch authorities believe that the money was to secure a renewal of the oil-lifting contract with the Jamaican Government.

 Campbell resigned his post as information minister and general secretary of the PNP when the Trafigura scandal broke in 2006.