KINGSTON, Jamaica--Former Commissioner of Customs Danville Walker Thursday said that he would fight any frivolous charge against him in relation to allegations that he obstructed the Office of the Contractor General's (OCG's) probe into a breach of the scrap metal ban.
"If my lawyers believe that I have a case, I'm going to fight it. Even if the fine is $5,000 we are going to fight it. We are going down that road. I'm afraid of no one," Walker told the Observer.
On the other hand, Walker said that if his late submission of the information requested by the OCG constituted a breach, he would not fight the matter.
He, however, reiterated that if a breach did occur it was not intentional.
Walker was responding to a ruling earlier yesterday by Director of Public Prosecutions (DPP) Paula Llewellyn that charges be laid against him.
According to Llewellyn, Walker reportedly committed administrative breaches by failing to respond in a timely manner to questions raised into an investigation into allegations that the Customs Department facilitated a breach of the Cabinet Order, which placed a ban on the trade of scrap metal.
The Jamaica Labour Party Cabinet last October placed a ban on scrap metal. Notwithstanding the order, 97 containers were shipped by Customs without the requisite permit from the Trade Board.
In his defence of the shipment, Walker reportedly said that his action was excusable because it earned foreign exchange for Jamaica.
The OCG last year referred Walker to the DPP for charges to be brought against him after he failed to provide the information requested in the probe.
Walker had contended all along that he would have provided the information but noted that he was busy with his election campaign on a Jamaica Labour Party ticket in Central Manchester. Furthermore, Walker said that he was no longer in office and could not place his hands on the relevant documents.
Thursday, Walker said that the information requested was delivered about five days before the December 29, 2011 general election.
Late Thursday, Llewellyn told the Observer that the first of two charges contends that on December 2, 2011 without lawful justification, Walker obstructed, hindered or resisted the lawful requirement of the Contractor General (CG).
The second charge contends that contrary to Section 29 C 2 of the Contractor General Act, Walker on December 15, 2011 without lawful justification or excuse failed to comply with a lawful requirement of the Contractor General Act.
"This is what I would call the criminalizing of administrative breaches. What this means is that Mr Walker did not comply in the time prescribed by the CG to answer certain questions in writing," Llewellyn said. "He did respond, but out of time."
The fine for each charge is J$5,000.
The OCG said Walker received a request dated November 18 for him to provide by 3:00 pm on December 2, written answers to a series of specific questions posed to him. The date was extended but was also missed. (Jamaica Observer)
