Walker challenges OCG in High Court

BY PAUL HENRY Crime/Court Desk co-ordinator henryp@jamaicaobserver.com

Tuesday, February 21, 2012

FORMER Commissioner of Customs Danville Walker is now challenging in the High Court the contractor general's recommendation that he be charged with allegedly obstructing a probe last year into a breach of the scrap metal ban.

Yesterday, Walker and his legal team appeared in the Supreme Court arguing for a Judicial Review into Greg Christie's recommendation to the director of public prosecutions, Paula Llewelyn, QC, that led to him being charged with two breaches of the Contractor General Act.

The in-chambers hearing before Justice David Fraser yesterday came a day before Walker is set to make his first appearance before the Corporate Area Resident Magistrate's Court to answer the charges.

During the Supreme Court hearing, Walker's legal team of Dr Lloyd Barnett and Keith Bishop sought a stay to prevent today's hearing before the RM Court, but to no avail. Instead, Fraser reserved ruling on the Judicial Review request until March 6.

Walker's legal team is contending that Christie does not have the jurisdiction to make such a recommendation.

The Jamaica Labour Party (JLP) Cabinet last October placed a ban on scrap metal. Notwithstanding the order, 97 containers were shipped without Customs getting the requisite permit from the Trade Board.

A probe of the breach was conducted and Walker given a date by which to respond to questions posed by the Office of the Contractor General. But Walker failed to meet the first deadline of December 2. He was given an extension of December 15 but also failed to meet that deadline.

In interviews with the Observer, Walker said that he was unable to provide the information as he was out of office and did not have access to the documents. Additionally, he said he was busy with campaigning for the December 29, 2011 general election on a JLP ticket in Central Manchester. Walker said that his legal team had been communicating all along with the OCG about his difficulties.

The information requested, Walker said, was submitted in the days leading up to the general election.

If convicted, Walker faces a fine of $5,000 for each of the two charges against him.

Walker had told the Observer earlier this month that he would fight any frivolous charge against him, declaring "...I'm afraid of no one".

The contractor general is being represented by Queen's Counsel Jacqueline Samuels Brown.