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Trafigura blow (OCG probes PNP scandal) Options
pawilsonjm
Posted: Sunday, September 22, 2013 3:34:39 AM

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Points: 1,122
Court rules PM, other Government members must testify in open court

PRIME MINISTER Portia Simpson Miller and other People's National Party (PNP) officials will now have to give witness statements in open court in relation to the Trafigura probe by Dutch authorities.

The PM and the others were yesterday ordered to give the statements after the Constitutional Court ruled that their constitutional rights will not be breached if they give the statements in open court.

The court also said that the group failed to prove with "cogent and credible evidence" that they are entitled, as a matter of law, to the relief they are seeking.

Lawyers representing Simpson Miller and her colleagues will now have to consult with their clients to determine if the ruling will be appealed.

The court had reserved judgement on the matter from last year October.

Simpson Miller, PNP Chairman Robert Pickersgill, Energy Minister Phillip Paulwell, former Information Minister Colin Campbell and businessman Norton Hinds had been contending that their constitutional rights would be breached if they were compelled to give statements, as they have been considered suspects in the Trafigura case.

But the prosecution, which represents the Dutch authorities probing the case of bribery regarding the oil firm Trafigura Beheer BV, argued that there are no constitutional rights to be breached as the five are not suspects, among other things.

jamaicaobserver.com/
pawilsonjm
Posted: Tuesday, October 8, 2013 4:01:16 AM

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Points: 1,122
PNP appeals Constitutional Court ruling - Says DPP probing whether PM, party members can be charged

Published: Tuesday | October 8, 2013 0 Comments

Barbara Gayle, Justice Coordinator

Prime Minister Portia Simpson Miller and other People's National Party (PNP) members are asking the Court of Appeal to set aside a Constitutional Court ruling because the director of public prosecutions (DPP) is not only seeking to ask them questions on behalf of the Dutch authorities in the Trafigura affair, but is also seeking to see if criminal charges can be brought against them in Jamaica.

Last month, the Constitutional Court ruled that there was no proven breach of their constitutional rights to testify on oath in open court in the Trafigura case.

Dutch authorities want to question Simpson Miller, party Chairman Robert Pickersgill, and senior members Colin Campbell and Phillip Paulwell and businessman Norton Hinds about a $31-million donation to the party by Dutch company Trafigura Beheer. It is illegal for Dutch companies to make donations to political parties.

The Dutch authorities want them to answer truthfully as to how the donations were made. The donation was made in 2006 when Trafigura had an oil-lifting contract with the PNP administration which had formed the Government.

No hearing date yet

Attorney-at-law Bert Samuels told The Gleaner yesterday that the appeal was filed last Friday. A date has not yet been set for the hearing in the Court of Appeal.

The appellants are contending in the several grounds of appeal filed that the Constitutional Court erred in its ruling and are asking the Court of Appeal to set it aside.

The Constitutional Court held that "there has been no proven or likely breach of any of the constitutional rights alleged to have been infringed by their being required to attend court and be questioned under oath".

Simpson Miller, and government ministers Pickersgill and Paulwell are asking the Court of Appeal to find that the Constitutional Court erred when it ruled that they were not entitled to diplomatic immunity and were therefore compellable to give evidence.

jamaica-gleaner.com/gleaner/20131008/lead/
pawilsonjm
Posted: Monday, December 1, 2014 12:28:05 PM

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Points: 1,122
PM, Other PNP Members Begin Fight In Appeals Court To Prevent Testimony In Trafigura Probe


Published: Monday December 1, 2014 | 9:30 am4 Comments

Prime Minister Portia Simpson Miller. - File
Prime Minister Portia Simpson Miller will, starting today, attempt to convince the Appeals Court that a lower court was wrong in ruling that her constitutional rights will not be breached if she testifies in the Trafigura investigations.

Last September, the Constitutional Court dismissed an application challenging an order for Simpson Miller and other People’s National Party (PNP) members to answer questions on oath, in court, on the Trafigura case.

Dutch authorities want to question Simpson Miller, party chairman Robert Pickersgill, and senior members Colin Campbell and Phillip Paulwell and businessman Norton Hinds about a $31 million donation to the party by Dutch company Trafigura Beheer.

It is illegal for Dutch companies to donate to political parties.

At the time of the donation in 2006, Trafigura also had an oil-lifting contract with the PNP Administration which formed the government.

The hearing in the Court of Appeal is scheduled to last until Friday.

Court president, Justice Seymour Panton, along with justices Norma McIntosh and Patrick Brooks will preside over the case.

In its ruling last year, the Constitutional Court said Simpson Miller and the others failed to prove their arguments using credible evidence.

The Court said there has been no proven or likely breach of any of the constitutional rights alleged to have been infringed by them being required to attend court and be questioned under oath.

Defense lawyers had argued that the PNP members cannot be called upon to give evidence in relation to Trafigura as they have diplomatic immunity.



Trafigura Constitutional Appeal Withdrawn


Published: Monday December 1, 2014 | 1:03 pm2 Comments
Barbara Gayle, Justice Coordinator

KINGSTON, Jamaica:
Lawyers representing Prime Minister Portia Simpson Miller and other People's National Party officials have withdrawn their appeal of a ruling that their constitutional rights will not be breached if they testify in the Trafigura investigations.

Last September, the Constitutional Court dismissed an application challenging an order for them to answer questions on oath, in court, on the Trafigura case.

Attorney, K.D. Knight, who represented the PNP officials in court today says the case was withdrawn because it was weak.

In its ruling last year, the Constitutional Court said Simpson Miller, party chairman Robert Pickersgill, and senior members Colin Campbell and Phillip Paulwell and businessman Norton Hinds failed to prove their arguments using credible evidence.

The Court said there has been no proven or likely breach of any of the constitutional rights alleged to have been infringed by them being required to attend court and be questioned under oath.

Defense lawyers had argued that the PNP members cannot be called upon to give evidence in relation to Trafigura as they have diplomatic immunity.

Meanwhile, Knight says his team is awaiting the legal transcripts to continue its appeal of Supreme Court justice Lennox Campbell.

Justice Campbell had refused an application that the interrogation of party leader Portia Simpson Miller and other party officials be done in a private setting.

Dutch authorities want to question the PNP members about a $31 million donation to the party by Dutch company Trafigura Beheer.

It is illegal for Dutch companies to donate to political parties.

At the time of the donation in 2006, Trafigura also had an oil-lifting contract with the PNP Administration which formed the government.
pawilsonjm
Posted: Tuesday, September 6, 2016 9:13:37 AM

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OCG probes PNP scandal

Tuesday, September 06, 2016

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Dejected PNP supporters watching the election results on a big screen at the party headquarters last night.

THE Office of the Contractor General (OCG) is now investigating the campaign money scandal rocking the Opposition People’s National Party (PNP), the party confirmed last night.

The OCG started the probe after allegations surfaced last week that Chinese firms operating in Jamaica were asked to pay an agent’s fee.

A release from the PNP said the party has since asked its Integrity Commission to suspend plans to start its probe into the scandal in light of the investigation by the OCG.

“The party will also be making no further comment on this particular matter,” the release said.

Portia weighs in on PNP campaign money scandal

PNP Treasurer Norman Horne, in a report to the July meeting of the party’s National Executive Council (NEC), alleged that money collected to fund the party’s February 25, 2016 General Election campaign was not turned over to the party’s treasury but was instead kept by senior members.

The report was leaked to the media in August, further dividing the party which had entered the election bruised from a number of constituency challenges. The organisation suffered a further setback when it was handed a shock one-seat defeat by the Jamaica Labour Party at the polls. Since then, there have been calls for renewal, including for a change of leadership at the top.

Last week, the PNP suffered its biggest fallout when former Transport and Works Minister Dr Omar Davies called on General Secretary Paul Burke to come forward with information on the alleged missing money, especially relating to the payment of an agent’s fee, the matter to which the OCG will be giving its attention.

Dr Davies, in a letter to Burke calling on him to clarify the matter, said: “I have the right to make this demand of you as my own integrity is being questioned as a result of your unsubstantiated utterances.”

Dr Davies said that several Comrades had reported to him that at a meeting of the NEC held a few months ago, Burke stated that the party’s efforts in the general election were hampered by inadequate financing, as some senior members had not passed on funds from donors to the central treasury.

“I was informed that you went on to state explicitly that you had learnt that it is an established practice for large Chinese firms to pay an ‘agent’s fee’, ranging from one per cent to 1.5 per cent of the total project cost. You claimed that it was customary that the ‘agent’ would be named by the minister with portfolio responsibility for the relevant sector.”

Davies said that while Burke gave no names, “many persons left the meeting with the clear impression that, within the construct which you had outlined, I was the minister who had recommended the agent to the Chinese firm”.

Said Davis: “Against that background, I wish to make the following definitive and unambiguous statements:

“(1) I have never been approached by any firm, Chinese, or otherwise, with respect to an ‘agent’s fee’ (or any payment of that nature), nor to recommend anyone to act as their agent on any construction project.

“(2) Consequent on (1), I have never recommended anyone, or any firm, to fill any agency position.

“(3) Consistent with (1) and (2), I have no knowledge of any fees or other payment which should have been turned over to the party’s treasury.

“(4) I have not collected any contribution, either for my own constituency campaign, or for the PNP’s national campaign, from any Chinese company, construction or otherwise.”

Dr Davies also told Burke that it was “reckless and unacceptable” that charges as serious and grievous as those that he has made “have been advanced without any supporting evidence”.

Davies’ St Andrew Southern constituency last Thursday told Burke to apologise to Davies, but the general secretary has since said he had no comment on the matter.

If the PNP Integrity Commission goes ahead with its investigation after the OCG probe, it will have to be given an extension of the October 3, 2016 deadline given by the party president for its preliminary report.

The Integrity Commission, established in 2010, is chaired by Bishop Wellesley Blair and includes Daisy Coke, Burchell Whiteman, Cedric McCulloch, and Fred Hamaty.

The party said the commission would be free to draft additional expertise, as required, to complete its investigation.
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