Attorney PJ Asher acquitted in assets sale fraud case

The case against commercial attorney Peter John Asher has been thrown out by the Home Circuit Court.

Yesterday Justice Leighton Pusey ruled that there was no case to answer upon submissions being made by the defense.

The matter arose following the sale by the complainant, Roylton DeCambre, of certain assets of his company, National Fuels & Lubricants Limited (NFL), and related entities to Total Jamaica Limited, a wholly owned subsidiary of Total Energies, the third largest multi-national oil company in the world.

DeCambre had asserted that the gas station properties were transferred to Total without him being compensated for them. He had claimed the Jamaican dollar equivalent of US$1 billion in lost earnings from what he said was the erroneous sale of several gas stations to Total.

However, the judge indicated that the matter was a commercial transaction between parties each represented by counsel, and it was not sufficient for DeCambre to baldly assert that he and his related entities had not been paid, since any receipt of money by his attorney would be deemed receipt of payment by the clients. Further, the judge said, there was no evidence of any fraud.

In a statement yesterday, Director of Public Prosecutions Paula Llewellyn outlined the reasons for Asher's acquittal on nine counts of forgery, one count of uttering a forged document, one count of conspiracy to forge a document and causing property to be transferred by virtue of a forged document.

"The Crown’s evidence was that Mr Roylton Decambre (the complainant), now 79 years old, entered into an agreement for sale (land agreement) with Total Jamaica

Limited (Total) in January 2004," Llewellyn said.

She noted that DeCambre was the chief executive officer of NFL and that the agreement provided for the sale of eight gas stations from him to Total.

"These gas stations were at Mona Heights, Harbour View, Greenwich Pen, Bybrook, Little Retreat, Rosedale, Featherbed Lane and Maverly."

During the matter, R v Peter Asher, which commenced on October 3, 2023, DeCambre gave evidence that, in January of 2004, Asher, who was the attorney representing Total, came to his office with a stack of transfer documents that he wanted him to sign. Decambre said he had started to sign one of the transfers and he might possibly have completed signing it, but after enquiring about payment, Asher hastily left with the documents.

On April 1, 2004, DeCambre observed that Total had taken over the gas stations and was operating them. He was able to get a copy of the transfer documents from the National Land Agency and saw that the properties were transferred to Total. He was, however, adamant that he never received any money for the land agreement from Total and subsequently made a report to the Fraud Squad and the Major Organised Crime and Anti-Corruption Agency.

Llewellyn said Pusey, at the close of the prosecution’s case, found that there was not enough evidence for the defendant to be called upon to answer.

The judge relied essentially on three concerns.

Firstly, Pusey found that he was not sure that there was in fact a forgery. This was based on what was said by DeCambre while giving his evidence.

DeCambre had said he may have signed one of the transfer documents, but he was not sure which one. He said he could no longer recognise what was his signature, as there were so many documents and forgeries. Also, Llewellyn indicated, it was put in evidence during cross examination that, in two statements that he had given to the police, DeCambre had said he signed the transfers, but had not affixed the company seal. There was therefore a significant doubt if he had in fact signed these documents, or, if he had only signed one, which one he signed.

Secondly, Pusey indicated that he could not be sure there was a fraud, or an intention to defraud, as the only evidence that DeCambre did not in fact get the money for the properties was his say so. There was however evidence that DeCambre’s attorney was sent money for at least one of the properties.

Finally, Pusey found that there was no evidence that Asher had forged the complainant’s signature. The forensic document examiner who was called by the Crown was only able to say that it was not DeCambre’s signature, but not that it was Asher who wrote the signature. There was also not enough evidence to say he was an accessory to the forgery.

"The Crown’s case depended significantly on the evidence and credibility of the complainant," Llewellyn said. "The learned trial judge, at the close of the Crown’s case, did not believe that there was substantial evidence to ground the elements of the offence, given the high standard of proof that the Crown had to meet, and the defendant was acquitted."

After yesterday’s ruling, Asher said, “I never did anything wrong. This matter should never have been brought against me in the first place. After so many years, it feels good that justice has prevailed.”

Asher was represented by Carolyn Reid-Cameron, KC; Caroline Hay, KC; and Chuckwuemeka Cameron. The Crown was represented by Judi-Ann Edwards and Paula-Sue Ferguson, assistant directors of public prosecution.