Danville Walker breached authority in approving scrap metal exports – report
Published:Friday | March 11, 2022 | 12:10 AM
After a lengthy probe, the Integrity Commission has concluded that former commissioner of Jamaica Customs, Danville Walker, was not acting within his powers when he allowed 15 traders to export scrap metal during a ban imposed by the Government more than a decade ago.
The investigation was initiated by the now-defunct Office of the Contractor General and completed by the Integrity Commission, its successor agency.
On August 29, 2011, the Cabinet of Jamaica granted approval to ban the exportation of scrap metal. By way of a ministerial prohibition order dated August 31, 2011, the ban took effect on September 16, 2011.
In a report tabled in Parliament on Tuesday but released to the media Wednesday night, director of investigation at the Integrity Commission, Kevon Stephenson, recommended that the findings of the investigation be referred to Keisha Prince, the director of corruption prosecution.
He has asked Prince to consider several provisions in the law to determine if any exporter or public officer contravened the statute.
The director of investigations accused Walker of not acting within his powers when he allegedly verbally authorised officers of the Scrap Metal Unit of the Jamaica Customs to allow the exporters to export scrap metal without the requisite export licences from the Trade Board Limited and JAMPRO.
Stephenson concluded in his report that none of the 15 scrap metal exporters named in an October 11, 2011, letter written by Walker were legitimately exempted from the ban by the then Ministry of Industry, Investment and Commerce or the Government.
The director of investigations also reported that Jamaica Customs, under the leadership of Walker, approved and facilitated the shipment of approximately 122 containers of scrap metal, on behalf of approximately 11 entities, while the ban was in place.
This, he said, was in violation of the Trade (Scrap Metal) (Prohibition of Dealing) Order, 2011, the Trade (Scrap Metal) (Prohibition of Dealing) (No.2) Order, 2011, and Section 151 of the Customs Act.
Stephenson asserted that Dr Christopher Tufton and Reginald Budhan, then minister and permanent secretary, respectively, of the then Ministry of Industry, Investment and Commerce did not facilitate or authorise Walker to allow the 11 scrap metal exporters or their agents export privileges.
Budhan had reportedly indicated that the Jamaica Railway Corporation and Crown Packaging Jamaica Limited were exempted by authority granted under the ministerial prohibition order. However, Stephenson said he did not see any documentary evidence to support a conclusion that the entities were legally exempted from the ban on the scrap metal trade.