Daraine Luton, Staff Reporter

( L - R ) Nicholson, Golding

DUTCH officials' journey to Jamaica to interview three members of the People's National Party (PNP), in relation to the Trafigura affair, could prove to be a futile exercise.

This is so because persons are at will to refuse, under the Constitution, to give statements to police or other authorities.

However, Canute Brown, former director of justice reform in the Ministry of Justice, says Prime Minister Bruce Golding and his Jamaica Labour Party (JLP) Government may not have to rely on the cooperation of the PNP officials.

"If you are saying that officials were bribed here, then under the Corruption Prevention Act, they can be charged here," Mr. Brown, an attorney-at-law, said.

Trafigura, which lifted Nigerian crude on Jamaica's behalf, gave $31 million to the PNP, which the party said was a donation. The money was lodged to an account linked to former general secretary of the PNP, Colin Campbell.

Trafigura, however, said the money was a part of a "commercial arrangement".

Bribing public officials

In a statement to Parliament on Tuesday, Prime Minister Golding said the Dutch authorities, who started a criminal investigation against the oil trading company in January, have said Trafigura is believed to be guilty of having bribed public officials in Jamaica.

Mr. Golding has given notice that he will bring a resolution to Parliament which, if passed, would pave the way for Dutch authorities to come to Jamaica to interview persons in relation to the bribery allegations against Trafigura. Mr. Golding has said he will make himself available to answer questions as he was the person who went public with the information.

International obligation

Under an international convention against transnational crime, Jamaica may cooperate with signatories of such agreement to allow for investigation of crimes. Such an agreement makes it mandatory for the Director of Public Prosecutions and the police to cooperate with overseas investigators.

However, according to Mr. Brown, "In the same way that our police officers can't compel a person to give a statement, no foreigner can do that."

Under the 2001 Corruption Prevention Act, public officials can be jailed for bribery.

"If the Dutch Government have such information [that Trafigura bribed Jamaican officials] they can give the information to the Jamaica Government and the Jamaican authorities can carry out an investigation," Mr. Brown noted.

The PNP has refused to say definitively whether it would cooperate with the Dutch officials, if they are permitted to come here to investigate Trafigura's dealings.

A.J. Nicholson, the party's legal adviser, told The Gleaner yesterday that "we have no comment on that."

"The Prime Minister says he is bringing something to Parliament, let him bring it. The Opposition awaits the debate in Parliament," Mr. Nicholson said.