Jamaica Gleaner
Published: Sunday | November 30, 2008
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Sangster mum: JUTC boss says no comment until he reads CG's report

Sangster

Bindley Sangster, acting managing director at the Jamaica Urban Transit Company (JUTC), has declined to comment on the findings of a damning report about the breach of procurement procedures by Contractor General Greg Christie.

"I have not seen the report. I understand that there is a report that has been sent to our office (JUTC), but I am not going to comment on something that I have not seen," Sangster said.

He added: "I have not seen it, I have not read it, I have not held it in my hands. I am a thousand miles away. I will be back in the island on Tuesday. So, when I see the report, I will know whether any comment is required or necessary."

Sangster may be under a cloud of suspicion for allegedly misleading the contractor general, but he has not flinched. At least, not until he reads for himself a copy of the damning report authored by the contractor general, who has recommended that criminal proceedings be made against him.

For the time being, however, Sangster is enjoying his time at the struggling bus company. He told The Sunday Gleaner that he would want to spend the rest of his working life at the state-owned entity.

"If I had my choice, I would be in that position until my retirement comes about," Sangster said via telephone Friday evening. He spoke with The Sunday Gleaner hours after the contractor general's report on the award of contracts at the JUTC was tabled in the Senate.

Christie recommended to Director of Public Prosecutions (DPP) Paula Llewellyn that Sangster be charged with attempting to mislead the contractor general.

If Sangster is charged and found guilty, he would attract a maximum fine of $5,000 and/or a prison term not exceeding 12 months.

awaiting counsel

Transport Minister Mike Henry has been mute since the report was published. The Sunday Gleaner has been told by his wife that he was awaiting counsel to determine whether he should respond to the report.

The contractor general's report suggested that Chambers and Sangster falsified a report presented to him in his investigation of the award of contracts at the state-owned bus company.

According to the contractor general's report, official records of the JUTC indicate there has been only one meeting of the JUTC's Procurement Committee since August 1, 2007. That meeting was held on February 26, 2008, and the official records revealed that the deliberations dealt only with the recommendation for the award of a contract to Protection and Security Limited for the provision of security services to all JUTC locations.

However, in the JUTC first- and second-quarter contract awards report submitted to Christie, formal declarations were made that the contracts were awarded by the JUTC to Simber Productions Limited, a company in which Chambers held majority shares until his untimely death.

both signed

Chambers signed the report in his capacity as JUTC chairman and Sangster as chairman of the Finance Committee, both certifying that the contracts were evaluated by the JUTC Procurement Committee and received the approval of the committee.

"In the circumstances, there is prima facie (on the face of it) evidence that both Mr Douglas Chambers and Mr Bindley Sangster had wilfully made false written declarations to the contractor general in breach of Section 29 (a) of the Contractor General Act and, in so doing, had committed a criminal offence under the Contractor General Act," Christie's report said.

The DPP has confirmed the receipt of the contractor general's report. Llewellyn told The Sunday Gleaner that she has since commenced the task of reviewing the document with one of her assistants but would give no time line as to when she hopes to make a ruling.

"I have received communication from the Contractor General's Office on Thursday that certain supporting documents which were available to the contractor general during the assessment of this matter will be en route to me. They have not yet come to hand," Llewellyn said.

unsolicited offer

The contractor general in his investigation, prompted by a newspaper article, looked at the circumstances under which the JUTC awarded contracts for a JUTC SmartCard feature on the Susan Show, produced by Simber Productions Limited; a JUTC commercial and the JUTC 'Ride and Win Summer Bling' advertisement.

The contracts were awarded after an unsolicited offer was made to the JUTC by Simber Productions Limited.

Christie found that Chambers, having been the majority shareholder of Simber Productions Limited, at all material times, benefited personally from irregular and/or improper award of contracts by the JUTC to Simber Productions Limited.

Meanwhile, the transport minister may be forced to reconstitute the board of directors of the Jamaica Urban Transit Company before the next financial year as he had announced.

Christie has accused three board members, including Sangster, of acting negligently and/or abusing their office in the discharge of their responsibilities. The other two members are Dennis Chung and Raphael Barrett.

The contractor general has recommended that the Procure-ment Committee of the JUTC be reconstituted.

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