Former MP Ganga Singh has called for answers on the status of an investigation–recommended in 2005–into the allegation of larceny against NH International (Caribbean) Ltd, in connection with the removal of materials from the Scarborough Hospital project site. The investigation stems from recommendations in the 2005 Sealey Commission of Inquiry report into allegations of removal of the items from the site. (See box below).
However, a recent letter from acting DPP Carla Browne-Antoine states that "it appears" there has been "no police investigation of the allegation of larceny against NHIC (sic)." Singh, an attorney, said, "This matter spans the tenure of two attorneys general, two directors of Public Prosecution and two police commissioners, yet there has been no closure." He said the issue arose in 2005 while Attorney General John Jeremie was in office and continued under the last AG, Bridgid Annisette-George. The latter resigned in May.
"The issue also arose when former DPP Geoffrey Henderson was in office and continues under his successor, Acting DPP Carla Browne-Antoine," Singh added. "It also straddled the administrations of former Police Commissioner Trevor Paul and acting CoP Philbert James." A 2007 article quoted Nipdec's Imtiaz Mohammed as claiming that Nipdec materials estimated at $5 million had been "improperly removed" from the project site.
Letters between the various parties show that Mair and Company–Nipdec's attorneys–wrote former DPP Henderson in July 2008, seeking confirmation on whether the state intended to prosecute in connection with the report of the commission of enquiry on the alleged removal of materials from the hospital site. On July 17, Henderson replied that in September 2006, he had referred to the CoP, a report on the breaches of the code of conduct of the Integrity in Public Life act allegedly committed by MP Keith Rowley. Henderson also said in his correspondence to the commissioner he advised:
"...As a separate matter but arising from the same project you should be aware that a Commission of Enquiry that looked into the awarding of contracts by Government organisations to NH International (Caribbean) Ltd (NHIC) and Warner Construction and Sanitation Ltd has already found NHIC to be in violation of the various provisions of the Larceny Act Chp (11-12) and separately recommended that this matter be pursued." Henderson's letter stated that he had written to the commissioner requesting that he apprise him of the status of that investigation. Henderson also stated that, "...The investigation into the taking of items from the project remains alive (sic)."
'Allegations not pursued'
However, by letter of February 12, Browne-Antoine stated that the DPP's office was informed in August 2008, that the focus of investigations had been Rowley and, "As a result the allegations of NHIC's violation of the Larceny Act was not then pursued (sic)." The ag DPP's letter stated that her office was informed of this in writing by ACP Glenroy Woodley of the Anti-Corruption Investigation Bureau (ACIB) who handled the allegations.
According to the acting DPP's letter, Woodley indicated that Inspector Bucchan of the Anti-Corruption Bureau was appointed to investigate the allegations against NHIC and that that investigation was expected to be completed by the end of September, 2008. However, the acting DPP said that then–February–her office had not received any report from Bucchan or the ACIB on the outcome of that investigation.
Browne-Antoine's letter further ther stated: "I have spoken with Inspector Bucchan and he informed me that he was not given any documentation with respect to that allegation. He stated that the report of the Commission of Enquiry into the Scarborough Hospital project was not sent to him by the Director of Public Prosecutions' office as he would have expected to have been done."
Unable to proceed
Browne-Antoine's letter added: "I can say that this office has never received the original nor a copy of the report of the Commission of Enquiry into the award of contracts to NHIC and Warner Construction, Sanitation Ltd/Warner Construction Ltd. "In the circumstances it appears rather there has been no police investigation of the allegation of larceny against NHIC," Browne-Antoine's letter stated.
As a result, Nipdec's attorneys sought clarification why the police had been unable to proceed with the investigation, having been instructed by the DPP.
Singh, noting Jeremie's recent vow to fight corruption, added: "I therefore call upon Mr Jeremie to walk the talk." Singh added, "I call on him to exercise the constitutionally legitimate functions of the office of the AG by enquiring into:
�2 Why there appears to be deliberate omission on the part of the DPP, the Anti-Corruption Bureau and the police authorities in bringing the investigation of this matter to a finality?
�2 Why is it that the recommendations of the commission of enquiry are not being pursued by the executive?
Singh said it was scandalous the commission made its recommendations in 2005, "yet up to 2009, this matter has not been closed. "The public requires accountability on the part of the AG, the DPP and Police Commissioner. If they all cannot bring such a issue to closure it gives rise to questions about political interference." Singh said the situation sets a precedent for the findings of other commissions.
No comment
Contacted for response, the AG was said to be in London. "Revamping of anti-corruption thrust is ahead," sources hinted. Annisette-George, meanwhile, was unavailable for comment. Browne-Antoine was not in her officer her secretary said. Calls to the cellphones of police officials went unanswered.