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Stabroek News

'We had competent people, but no time' - Ministry says other factors led to Access Fund payout
published: Friday | July 6, 2007

Tyrone Reid, Enterprise Reporter

After much public outcry over the payment of more than $28 million in 19 months for legal services out of the controversial Universal Access Fund (UAF) for legal services, Dr. Jean Dixon, permanent secretary in the Ministry of Industry, Technology, Energy and Commerce, has admitted that the ministry had qualified and competent individuals who could have done the job.

However, Dr. Dixon told The Gleaner that there were several factors behind the decision taken by the management of the fund to hire attorney-at-law Minett Palmer, who was also a member of the board at the time of the payments.

"Yes, we have individuals who are qualified and competent, but sometimes there is a time frame in getting things done," explained Dr. Dixon, who is also a director of the Universal Access Fund Company Limited. "Ms. Palmer had the expertise and the focus that was needed (and) it had to be done in a certain time frame."

Sought legal advice

Hugh Cross, managing director of the Universal Access Fund Company Limited, told The Gleaner that since he took up the post in April last year, the company has sought legal advice from the ministry's legal team on some minor matters, which was given for free.

"We have not paid so far because it is for simple matters."

However, Mr. Cross said his company is in the process of making legal services more readily available to it, possibly by having an attorney or a law firm on retainer.

One of the invoices submitted by Ms. Palmer for payment on December 14, 2005 showed that she charged US$68,000 for "professional services rendered in preparation of draft request for proposal for network services and for computer hardware accessories and software". Other invoices showed that she charged US$275 per hour but no hours were declared for the December 14 claim.

The Universal Access FundCompany Limited, which was incorporated in May 2005, is a Government entity that collects a levy on incoming international calls to Jamaica. The revenue earned from the charges, which now stands at more than $2.5 billion, should go towards financing the implementation of the national e-learning project, which is designed to enhance the education process through the use of information technology.

There has been much controversy over the funds, which the Solicitor General says should be paid into the Consolidated Fund.

tyrone.reid@gleanerjm.com

Palmer payment plan

The Universal Access Fund was incorporated in May 2005 and payments to Minett Palmer began one month later.

Documents obtained under the Access to Information Act detail the sequence of payments to Ms. Palmer from the law firm Palmer and Walters. The payments are listed below:

June 21, 2005 - $1,962,500
September 8, 2005 - $700,000
September 14, 2005-US$30,453.46
October 25, 2005 -$1,372,402.85
October 26, 2005 -US$21,512.50
December 1, 2005 - $1,000,000
December 1,2005 - US$18, 287.79
December 13, 2005 - $3,108,192
December 14, 2005 - US$20,000
February 13, 2006 - US$32,000
March 15, 2006 - US$75,000
June 5, 2006 - US$45,350
January 23, 2007 - US$74,800

Ms. Palmer charged a rate of US$275 per hour.

In 19 months, she received approximately $28.2 million. She received a little over $20 million (US$307,403.75) of the total in U.S. dollars.

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