‘I have nothing to lose’

A motor vehicle examiner, who is waiting for the court to hear his appeal against internal disciplinary charges in the Ministry of Transport after he was freed of corruption charges in the St Thomas Parish Court, is upset that his case has not been settled nearly a decade after proceedings first began.

Adding to Linden Simpson’s grievance is that others similarly charged for issuing certificates of fitness for motor vehicles without even laying eyes on them have had their cases settled and have been removed from the system.

Simpson told The Sunday Gleaner there was an unwritten rule that such services are provided to select persons, contrary to regulations, noting that people from a long list of professional backgrounds have had their vehicles passed fit without examination.

Chief among them, he said, were “politicians and their friends”, naming six politicians – four active, one retired and another deceased and whose names are being withheld by The Sunday Gleaner – as reportedly having knowledge of the situation. Two of the six, he said, had sent couriers with brown envelopes for his stamp of approval, with a politician’s wife being the bearer in one case.

Simpson claimed that a trap was set for him after it was discovered that his late wife was a rabid political activist and had verbally abused one of the six politicians. He, however, said that he saw no danger when a policeman brought the documents for his stamp of approval.

Asked whether the claims were a matter of sour grapes, he insisted that being bitter did not mean his recollections were untrue.

“If there is anyone in the system who can tell me that that is not how it happens, I will stop fighting Government and give up everything right away. I have been in the system for years and I have never seen one high-end vehicle come to the depot for examination,” Simpson said. “What I see is people come with big, brown envelopes with documents and two weeks later, they send for the envelope and bring another envelope. Everybody smile after that.”

All motor vehicles kept on the road are required to be certified fit. Certificates are issued after the requisite fees are paid at a tax office or via Tax Administration Jamaica’s online portal and the vehicle evaluated at an examination depot and then certified if it has met the requirements, which include properly functioning headlights, hoses and front-end components as well as brakes and steering.

FIGHTING TO BE RETIRED

Simpson told The Sunday Gleaner that he, with the support of the Jamaica Civil Service Association (JCSA), has been fighting to be retired in the public’s interest with his salary and benefits restored, like others similarly accused and charged.

“I was arrested on corruption charges in an entrapment case. What I remember is that a policeman brought documents for a motor vehicle for his uncle to be passed. ... I have certified vehicles fit that I have never seen. ... Everybody does it,” Simpson said, adding that he had nothing to lose as he has already lost everything.

“My first wife died from lupus. I remarried and she left me because of all that has happened. I have nothing to lose. I have nothing. I have been surviving on quarter pay since 2012 – about $25,000 [per month]. If it wasn’t for the motor vehicle allowance, I don’t know how I would survive,” he added, showing The Sunday Gleaner a large stack of documents, some of which were seen in 2016 when he was first interviewed.

Among the documents seen were an affidavit of a ministry official stating what was found in Simpson’s car in 2012 and a seizure form signed by Corporal Denzil Willie. Both are at variance.

Simpson, who was then the chief motor vehicle examiner at the Morant Bay depot in St Thomas, was arrested, along with an office attendant, and charged under the Corruption Prevention Act 2012.

In 2015, the case was dismissed as the witness – who Simpson said was the policeman who brought the documents for his relative’s vehicle to be passed – could not be located.

In 2017, the transport ministry brought internal disciplinary proceedings against him under the Public Service Regulations, 1961, Section 42, but Simpson successfully secured a temporary Supreme Court injunction blocking the ministry’s action.

His attorneys, including one hired by the JCSA, argued that he would be tried on the same evidence submitted before the court. When the matter was heard, he lost and the ministry was granted to go-ahead to try him internally.

That decision was appealed, but has not yet been heard.

The JCSA said there is no explanation for the ministry’s position.

“The ministry was – and continues to be – at odds with the union and our lawyers. We have asked them to allow him to retire with all his entitlements. We actually had an appeal, but offered to settle by allowing him to retire if they withdraw the disciplinary charges. They are hesitant and we have asked for the matter to go to arbitration,” JCSA President O’Neil Grant told The Sunday Gleaner, adding that there was no agreement on the proposal.

Not even the intervention of a high-ranking government official has brought a solution.

“Everyone else has been able to move on after submissions from the JCSA. Mr Simpson is the only one languishing. The JCSA has no idea as to any reasons for the stance against him. It is not normal for someone to be tried and acquitted by a higher court and be tried by a lower court. We deem it double jeopardy,” Grant said.

The JCSA president said that despite the pending appeal, efforts were being made to bring the matter to an end. A settlement reportedly discussed and reached with former Permanent Secretary Dr Alwin Hales was said to have been rejected by the Public Service Commission.

Hales did respond not to a Sunday Gleaner request for an interview. Neither did Colonel Daniel Pryce, who heads the Island Traffic Authority.

Acting Permanent Secretary Dr Janine Dawkins confirmed knowledge of aspects of the situation to The Sunday Gleaner, but with the caveat that she did not have details of dates and the specific legal constructs relevant to the matter.

“There is an established disciplinary procedure to be followed in respect of actions that warrant same with respect to a person who is employed as a civil servant. It is my understanding that these processes are separate and independent of any criminal charges that may be brought against an officer by the police and tried in the courts. The ministry does not take action in relation to criminal charges, but any officer arrested and charged is normally placed on interdiction at reduced pay pending the outcome of that process,” she explained in part.

“It is my understanding that in the case of Mr Simpson, the ministry proceeded – or intended to proceed – with a disciplinary hearing after the case in court was concluded. I await clarity on whether there was an acquittal based on the case presented, or if the case was dismissed/aborted for other reasons, and whether any disciplinary hearing actually took place prior to Mr Simpson’s actions to counter same,” Dawkins said.

HEARING HELD

She confirmed that Simpson had taken legal action in objection to internal disciplinary proceedings, but said, “The records on file show that the court ruled in favour of the ministry, determining that the disciplinary charges were not the same as those for which he had been before the courts prior.”

At least one hearing was held, after which Simpson went to court seeking to overturn the previous court ruling on the disciplinary charges.

“ … The ministry has been unable to bring the matter to conclusion as the disciplinary hearing cannot proceed because any findings or determination may prejudice or bias the matter before the Court of Appeal. Mr Simpson does not appear to have taken any further steps to have the matter considered by the Court of Appeal, so the disciplinary hearing remains in abeyance. He has, however, indicated his interest in a settlement, and the most recent request has been for mediation,” Dawkins said.

She added that she was aware of meetings held with Hales in which requests were made to facilitate Simpson’s retirement, and an agreed way forward was documented.

“This included a submission to the Public Service Commission (PSC) of Mr Simpson’s request for early retirement. While it would have been preferable to do this when the legal issues had not been cleared up, the submission was considered by the PSC, who did not support his request. Without an approval for retirement, the other steps in the agreed process no longer apply,” she explained.

An insider with knowledge of the situation said: “The ministry’s part of the agreement that it would withdraw the charges was never sent to the commission. They can’t be blamed for rejecting it because they did not have both sides.”

Simpson said the ministry wanted a letter to say the appeal would be discontinued, but the lawyer hired by JCSA advised against it as the ministry did not provide in writing that it would also drop the disciplinary charges and allow him to retire in the public’s interest.

Dawkins said that the ministry stands ready to bring this matter to conclusion, but is awaiting the Court of Appeal’s decision for a determination on the disciplinary proceedings.

erica.virtue@gleanerjm.com