MEDIA RELEASE

OFFICE OF THE CONTRACTOR GENERAL MOVES TO CLARIFY FINDINGS OF THE DIRECTOR OF PUBLIC PROSECUTIONS REGARDING SALE OF AIR JAMAICA’S LONDON HEATHROW SLOTS

Kingston, Jamaica; November 2, 2009 – The Office of the Contractor General (OCG) believes that it is necessary, in the public interest, to clarify the contents of a Media Release that was issued by the Director of Public Prosecutions (DPP), Ms. Paula Llewllyn, on Friday, October 30, 2009, regarding the OCG’s Special Report of Investigation into the Sale of Air Jamaica’s London Heathrow Slots to Virgin Atlantic Airways.

Of particular concern to the OCG, was an article which appeared in the Saturday, October 31, 2009 edition of The Gleaner Newspaper. The article, in pointing to the Release, declared in its headline as follows: “Virgin Atlantic deal was legal, says Llewllyn-But says Davies should be investigated”. (OCG’s Emphasis).

The Gleaner’s assertion that the DPP has ruled that the “Virgin Atlantic deal was legal” is not only untrue – it is erroneous. It is a highly misleading declaration that is not in any way supported by the content of the Release that was issued by the DPP. The matter is further compounded by the fact that a DPP does not, in any event, have the jurisdiction or authority under the law to make such a determination.

What the DPP in fact stated was that “… there is no material revealed in the Contractor General’s report to support any consideration of any offence under the Corruption Prevention Act by any person in relation to this matter”. This is a position which is fully consistent with the OCG’s Findings in the matter since there is nothing in the OCG’s Report of Investigation that alleges evidence of corruption on the part of anyone.

What is of significant import, however, and which appears to have been understated by the Media, is the fact that the DPP, in her findings, has expressed her agreement with the Findings of the OCG that there is indeed evidence which would suggest that Dr. Omar Davies, the former Minister of Finance, did in fact make a false statement to mislead, or attempted to mislead a Contractor General, contrary to Section 29 (a) of the Contractor General Act.

It was based upon this finding, that the DPP has ruled and has communicated in her Release that “ the public interest would mandate that the matter be referred to the Commissioner of Police for further investigation”.

The OCG’s other considered Findings that Dr. Davies had unlawfully and improperly intervened in the sale of the London Heathrow Slots, and that the process of evaluation, selection and approval of the Virgin Atlantic proposal lacked merit, transparency, fairness and impartiality, are Findings which continue to stand. Contrary to what has been inferred by The Gleaner’s assertions, these Findings have not in any way been disturbed by the official findings and Rulings of the DPP as these are matters which are expressly reserved, by Section 4 (1) of the Contractor General Act, for monitoring and determination by a Contractor General.

It is also instructive to note that by way of letter, dated October 28, 2009, and directed to the Contractor General, the DPP has formally declared that she has “read (the OCG’s) detailed recommendations at pages 184-186 of (the) Report and have found merit in all of them”. As is well known, chief among the OCG’s seven (7) Recommendations is the Recommendation that Parliament should convene a Special Public Hearing at which, at a minimum, Dr. Omar Davies and Mr. O.K. Melhado, the former Chairman of the Air Jamaica Board of Directors, should be made “to account for the role which they played in the agreement which was reached for Air Jamaica and the Government of Jamaica to divest the Air Jamaica London Heathrow Slots to Virgin Atlantic Airways”. The DPP’s letter, which was hand-delivered to the OCG after the close of business on Friday, October 30, 2009, was copied, inter alia, to the Commissioner of Police, the Attorney General, the Solicitor General and the Speaker of the House of Representatives.

Notwithstanding the foregoing, the OCG is nevertheless compelled to publicly disclose a number of concerns that it has with the DPP’s findings. The OCG has, today, written to the DPP to formally convey its concerns to her and to seek her kind clarifications regarding same, whilst acknowledging and respecting her independent constitutional authority to proceed in criminal prosecutorial matters as she alone shall deem fit. The OCG’s primary concerns are as follows:

1. Formal referrals, in writing, were made by the OCG to the Office of the Director of Public Prosecutions (ODPP) in respect of Dr. Omar Davies, Mr. O.K. Melhado, the former Chairman of the Board of Directors of Air Jamaica, and former Air Jamaica Director, Senator Noel Sloley. The referrals were made on the basis that there is evidence which is contained in the sworn statements which were furnished to the OCG by them which would suggest (a) that they attempted to mislead a Contractor General, in contravention of Section 29 (a) of the Contractor General Act and/or, (b) that they knowingly and willfully made a false statement to a Contractor General in a material particular contrary to Section 8 of the Perjury Act.

It appears, however, that the ODPP has failed to address any of the referrals which were made to it in respect of Mr. O.K. Melhado and Senator Noel Sloley. Additionally, the ODPP also appears to have failed to address any of the referrals which were made to it in respect of the possible commission of the offence of Perjury by the three (3) Respondents. If the ODPP has in fact considered these matters, it has not indicated in its letter to the Contractor General that it has done so, nor has it stated what were its findings in relation to same and what were its reasons for arriving at those findings.

2. The ODPP has advised that the evidence before it would “mandate” its referral of the matter concerning Dr. Omar Davies to the Commissioner of Police for “further investigation” in relation to the possible breach by him of Section 29 (a) the Contractor General Act. However, the pivotal and material evidence on which the OCG’s and the ODPP’s own findings are based is already on the formal record. These are the three (3) letters of April 23, 2007 which were authored by Dr. Davies, as well as his own sworn written statements given to the OCG which patently and unequivocally contradicts the content of the said three letters. Indeed, OCG certified copies of these documents are currently available for public scrutiny on the OCG’s website at http://www.facebook.com/l/dd62b;www.ocg.gov.jm.

In the premises, and despite the ODPP’s explanations, the OCG is still not fully clear as to precisely what else is required for the Police to “investigate”, what will this investigation involve and how long it is likely to take.

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