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BY PAUL HENRY Crime/Court desk co-ordinator henryp@jamaicaobserver.com  
September 30, 2012

Prosecution denies attorneys’ claims in Trafigura hearing

KINGSTON, Jamaica — The prosecution on Friday refuted several claims made by attorneys for Prime Minister Portia Simpson Miller and other claimants in the Trafigura hearing before the Constitutional Court.

Among the arguments being disputed was that politics was behind the Dutch authorities’ probe into bribery allegations against oil-lifting firm Trafigura Beheer BV and its $31-million donation to the People’s National Party (PNP).

Senior Deputy Director of Public Prosecutions Caroline Hay also said that there was no evidence that Jamaican police were probing allegations of bribery by Trafigura of public officials here.

The Trafigura hearing has been going on since last Monday as Simpson Miller, PNP Chairman Robert Pickersgill, Colin Campbell, Energy Minister Phillip Paulwell and businessman Norton Hinds challenge an order by Justice Roy Anderson in 2010 for them to appear in the Supreme Court to answer questions being posed by Dutch investigators.

Last Wednesday, attorney Deborah Martin, who is representing both Campbell and Paulwell, told the court that the probe was motivated by politics, as it was initiated by a request from the Jamaica Labour Party.

Hay, in responding to the claim, said that the probe by the Dutch authorities was genuine and related to allegations against its citizens.

The claimants’ attorneys had also said that the claimants were of the view that they were suspects in the probe and that they had information local police were conducting their own probe.

Hay rubbished the claim, saying: “There is no evidential basis at this point to raise that concern.”

Lawyers for the claimants have argued during the hearing that it would be a breach of the claimants’ constitutional rights if they were compelled by the court to give statements to Dutch investigators as they are being considered suspects in the probe.

The hearing continues today.

The order granted by Anderson was sought by the Office of the Director of Public Prosecutions on behalf of Dutch authorities after the five reportedly refused to answer the questions in relation to the Trafigura donation.

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

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

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