Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697807859352.pdf (Jamaica)
• The Ministry of Transport and Works by way of Cabinet Submission No.

MTW 56/99 dated November 11, 1999 entitled "Supply of Flyovers and Bailey Bridges UK Export Credit Programme" sought the Cabinet's approval to award a contract.

The comments of the Ministry of Finance and Planning were sought and obtained by way of letter dated May 19, J999 and November 22, 1999... • By way of Decision No.
36/99 dated November 22, 1999, Cabinet gave approval for the Ministry to enter into a Commercial Contract with Kier International and Mabey and J(}hnson Ltd and instructed that the Ministers of Finance and Planning and Transport and Works have discussions on the financial aspects of the matter and submit a Note to Cabinet.
Prioritv Rural Bridge Programme - Phase 2- 2002 The process for the procurement ofthe Priority Rural Bridge Programme~ Phase 2 contract signed in 2002 is set out below: • By way ofletter dated December 13, 2001 an unsolicited proposal by Mr. Deryck A. Gibson, Chairman/Chief Executive Officer ofDeryck A. Gibson Ltd was submitted to the National Works Agency, portfolio agency of the Ministry of Transport and Works for Mabey and Johnson Ltd to supply Compact 200 Bridges for Jamaica ... • The Ministry of Transport and Works by way of Cabinet Submission No.
MTW 43/02 dated August 2, 2002 entitled "Supply of Steel Bridges and Associated Equipment and Services for the Jamaica Priority Rural Bridge Programme under the UK Export Credits Guarantee Department MTWIMB&J Ltd. Investigation Office of the Contractor General Page 47 of 163 2009 Dc/abel' Supported Supplier Credit Financing Facility" sought the Cabinet's approval to award contract ... • The Cabinet's approval was obtained by way ofDecision No 30101 dated September 9, 2002.
• Certificate of Legal Validity for the Loan Contract between and HSBC Bank Pic regarding the financing of the Contract signed on August 23, 2002 was provided by the Attorney General's Chambers by way ofletter dated June 13, 2003 ... Yallahs River Bridge Construction The Yallahs River Bridge Construction Contract was financed under Phase 2 of the Priority Rural Bridge Programme and signed with the Consortium Phil/Mabey in August 2007 ..
The procurement process to facilitate this award of contract is set out below: • After consultation with the Ministry ofFinance and Planning, the Ministry of Transport and Works by way of Submission No.

MTW 11/03 dated February 12, 2003 sought the Cabinet's approval to extend the Commercial Contract with Mabey & Johnson Limited through the United Kingdom Export Credit Programme in the amount of £2.

5M to cover the civil works for the erection ofthe Yallahs Bridge.
• The Cabinet's approval was granted by way of Decision No.11103 dated March 31,1003.

MTWIMB&J Ltd. Investigation Off ice of t~h e Con t rae t or G e n era I Page 48 of 163 2009 October • In 2007 the procurement for the civil works contract for the construction of the Yallahs Bridge commenced and the matter was considered by the Sector Committee of the National Contracts Commission (NCC) on April 3, 2007 ...

The NCC's endorsement was received by way of letter dated April 5, 2007 ...
The Ministry of Transport and Works by way of Cabinet Submission No.

MTW 25/07 dated April 10, 2007 entitled "Award of Contract Construction of Yallahs River Bridge, St. Thomas" sought the Cabinet's approval on the matter ...

The Cabinet's approval was obtained by way ofDecision No.13/07 dated April 10, 2007 to award the contract to the Consortium Phil/Mabey in the sum ofJ$402, 709,440.00.
With regard to the selection of Mabey & Johnson for the GOJ Bridge Building programme, and specifically the criteria by which it was assessed and/or evaluated, Dr. Hales, in his 2009 February 24 response to the OCG's Requisition, stated as follows: • "In 1996, by limited tender the three known Bailey bridge suppliers among which was Mabey and Johnson Ltd were invited to tender.
The tenders were evaluated and a submission made to the Government Contracts Committee ... • In light ofthe foregoing and the fact that Mabey and Johnson Ltd had successfully completed the supply of the 8 Bailey bridges under the 1996 contract, they were considered for the award of contract in 1999 and this was further substantiated by the fact that they had had wide experience in the manufacturing and erection offlyovers.
MTWIMB&J Ltd. Investigation Office of the Contractor General Page 49 of163 2009 October • In 2002, Mabey and Johnson Ltd was assessed based on the foregoing as well as the fact that the type ofbridge supplied had been found to be ideal in that :­ o They can be erected quickly and they perform well in service.

o The Bridges are manufactured to international load specifications.
o Mabey and Johnson Ltd is accredited to IS09001 Quality Systems for Design and Manufacture ofPanel bridging .. ,,16 It is instructive to note that Mabey & Johnson, in its letter to Prime Minister Bruce Golding, which was dated 2009 May 5, alleged that it had made payments to Mr. Hibbert between" ... November 1993 and October 2001. ,,/7 Further, in the referenced letter, Mabey & Johnson stated that "We do not believe that these historic issues have any impact on Jamaica 2, which was signed after Mr Hibbert had left office.
It is also the case that in light ofchanges to English law which came into effect in February 2002, Mabey and Johnson changed its approach to doing business overseas and introduced new procedures to combat bribery and corruption both by its employees and agents.

,,]8 In its letter to the Jamaican Prime Minister, which was dated 2009 May 5, Mabey & Johnson also stated that".. .In particular, the payments to Mr Hibbert were made prior to the inauguration of Mabey and Johnson's Export Committee in 2002.
The Export Committee was set up following the coming into force of the Anti-Terrorism, Crime and Security Act 2001, principally to ensure that no corrupt payments would be made to officials ...Nevertheless, we instructed our lawyers to conduct a thorough internal investigation, alongside the SFO investigation, into the Jamaican contracts, including 16 Dr. Alwin Hales.

Response to the OCG's Requisition.

2009 February 24 (See Appendix I) 17 Mabey & Johnson Ltd. Letter to the Prime Minister.

The Hon.
The Hon.

Bruce Golding.

2009 May 5 (See Appendix II) 18 Mabey & Johnson Ltd. Letter to the Prime Minister.

The Hon.

Bruce Golding.

2009 May 5 (See Appendix II) MTWIMB&J Ltd. Investigation Office of the Contractor General Page 50 of 163 2009 October Having regard to the period which was identified by Mabey & Johnson (Le.
1993 November - 2001 October) and the foregoing assertions, the OCG's investigation was narrowed to two (2) contracts, which were identified by Dr. Alwin Hales in his response to the OCG's Requisition, which was dated 2009 February 24.

The two (2) contracts which are, therefore, of particular import are as follows: 1.

Contract for the Standard Bailey Bridges and Associated Tools - 1996 2.

Contract for the Priority Flyover Programme- Phase 1 - 1999.
Further, it should be noted that Mr. Hibbert's employment with the MTW ended on 2000 October 20.

With regard to the contract for the procurement of Standard Bailey Bridges and Associated Tools, which was awarded in 1996, a review of the Cabinet Submission, MLG&W 23/96, revealed that three (3) contractors had been invited by the Ministry of Local Government and Works (MLG W) to tender thereon.

The referenced contractors are as follows: i. Mabey & Johnson Ltd., which had a bid price of J$39,584,800.00; 11.
Thomas Storey (Engineers) Ltd., which did not respond to the tender invitation of the MLGW; and iii.

Notmar Trading Company Ltd., which had a bid price of J$57,189,220.00.

19 Mabey & Johnson Ltd. Letter to the Prime Minister.

The Hon.

Bruce Golding.

2009 May 5 (See Appendix II) MTWIMB&J Ltd. Investigation Office of the ontractor General Page 51 of163 2009 October The departmental estimate for the referenced contract was in the sum of J$30,000,000.
In addition, the evaluation criteria which were identified by the MLGW included: 1.

11.

Purchase price 65 points maximum; Compliance with specification - 35 points maximum; iii.

Delivery time deduction 2 points per week after 60 days.
The following table highlights the results of the evaluation of the tenders as detailed in the Cabinet Submission:2o Rate Factor Mabey & Johnson Ltd. Notmar Trading Company Ltd. Purchase Price Compliance with specification Delivery Time (deduction) TOTAL RATING 65 35 -17.1 82.9 45 35 - 80 In the final analysis, which was contained in the Cabinet Submission, MLG&W 23/96, the recommendation was made for the contract to be awarded to Mabey & Johnson, on the following basis: i.
"The tender with the highest score was Mabey and Johnson Limited ii.

Mabey and Johnson's price is less than that ofNotmar Trading by over seventeen million dollars.

iii.

Mabey and Johnson's proposed delivery time of ninety (90) days to commence delivery and one hundred and twenty (120) days to complete is not in keeping with the Ministry's scheduled requirements.

It is also suggested that the 20 Cabinet Submission.

MLG& W 23/96 ~ ~ ~, - .
.... MTWIMB&J Ltd, Investigation Office of the Contractor General Page 52 of /63 2009 October As a result of the above, it is recommended that the contract ..... be awarded to Mabey and Johnson Limited, in the tender sum of Thirty{sic] Nine Million, Five Hundred and Eighty Four Thousand, Eight Hundred Dollars ($39,584,800.00) ,,21 Further, it should be noted that the referenced contract was recommended by the Government Contracts Committee (GCC) pursuant to the then Procurement Guidelines which were embodied in the Ministry of Finance Circular No.
182/02, which was dated 1963 November 18, and which was entitled "Employment of Private Architects and Control ofGovernment Contracts. "

With regard to the contract for the "Priority Flyover Programme- Phase 1- 1999", Dr. Alwin Hales stated that this resulted from an "unsolicited proposal" which was submitted in 1998 December by Mabey & Johnson and Kier International.

In support of this assertion, a copy of the referenced proposal was submitted to the OCG by Dr. Hales.
It should be noted that the MTW, in its Cabinet Submission, MTW 56/99, with reference to the 1996 contract which was awarded to Mabey & Johnson, stated that "At the signing of the contract the suppliers Messrs. Mabep and Johnson.

who have a wide experience in the manufacturing and erection ofFlpovers.

offered to conduct a study in Jamaica.

to determine the feasibility of erecting such structures as a means of solving some of the congestion problems.

,,22 (OCG Emphasis) 21 Cabinet Submission.


MLG&W 23/96 22 MTW.Cabinet Submission MTW/56/99 MTWIMB&J Ltd. Investigation Office of the Contractor General Page 53 of 163 2009 October The MTW, in its Cabinet Submission, MTW 56/99, further stated that "This offer was subsequently accepted by the Ministry.

The study was conducted during the period May to August 1998.
A report on these findings was presented to the Ministry at a meeting at the offices oUhe British High Commission on 1998 December 9. ,,23 (OCO Emphasis) Further, by way of a letter, which was dated 1999 January 29, Mr. Joseph Hibbert, the I' then Chief Technical Director in the MTW, acknowledged the proposal which was presented by Mabey & Johnson to the MTW.
In the referenced letter, Mr. Hibbert stated that "The Ministry was quite impressed with your obvious understanding ofthe problem which faces this organization at this time and the solutions which were recommended.

The matter has been thoroughly reviewed and the Ministry wishes to pursue the construction of fly-overs island-wide on a phased basis.
,,24 (OCO Emphasis) Consequently, the MTW awarded the contract for the Priority Flyover Bridge Programme (Phase 1) on 1999 December 16, on the basis of a meritorious "unsolicited" proposal, which was received from Mabey & Johnson.
Individuals involved in the Procurement Process With regard to the persons who were involved in the procurement process, it is instructive to note that the OCO, in its 2009 January 15 Requisition, which was directed to Dr. Hales, asked the following question: "Please provide an Executive Summary Listing of all the name(s) and title(s) of the GOJ OjJicial(s), the then MeW OjJicer(s) and/or OjJicer(s) of any other 23 MTW.Cabinet Submission MTW/56/99 24 Joseph Hibbert.
Letter to Mabey and Johnson Ltd. 1999 January 29 .. -- .. - Office of the Contractor General Page 54 of 163 2009 clobe r MTWIMB&J Ltd. Investigation -- ­ Public Body(ies) with responsibility for procurement under the GOJ bridge building programme, who was/were involved in the procurement process, which led to the selection and award of contract(s) to Mabey and Johnson Ltd.
The summary should identifY the individual(s) who was/were a part of the Procurement Committee, the Government Contracts Committee (GCC), and/or Evaluation Committee, as the case may be, which approved the contract(s) to Mabey and Johnson Ltd ... " (See Appendix II).

In his response to the OCG's Requisition, which was dated 2009 February 24, Dr. Hales provided the following information in response to the OCG's foregoing question: 25 25 Dr. Alwin Hales.

Response to the OCG's Requisition.
2009 February 24 (See Appendix I) M TwTj,j B &"j- Ltd. Investigation Off i c·-e 0 f the 0 n t r act ··0 r G e n era I 20tf90ct 0 be r Page 55 of J63 Programme Entity Name Title Procurement Government Evaluation Phase Committee Contracts Committee - Committee Alvan Rhoden Gladstone Senior Bernard Drecketts Richard Brown Roger Smith Patience Sonron Kathryn Thompson Eugene Harris No documentation on this matter is seen in the Files 1996 Supply Ministry of Roger Clarke of Bailey Local Alwin Hales Bridges and Government Minister Permanent Secretary Associated and Works Richard McHargh Senior Project Tools Engineer - Gladstone Senior Rep.
Directorate of Construction J. Conrad Corniffe Director of Administration Ministry of Devon Rowe For Financial Secretary Finance and Planning Attorney General Chambers Phase 1 Ministry of Peter Philli ps Minister Transport and Alwin Hales Works Permanent Secretary Joseph Hibbert Chief Technical Director Phase 2 Ministry of Robert Pickersgill Minister Transport and Alwin Hales Permanent Works Secretary National Ivan Anderson Chief Executive Works Agency Officer M T wlit BifJ Ltd. Investigation Office of the Contractor General Page 56 of 163 2009 October The Role ofMr.
Joseph Hibbert at the MTW Having regard to the allegations of corruption which were made by Mabey & Johnson and specifically as it relates to the payments which were allegedly made to Mr. Joseph Hibbert, the OCG sought to ascertain (a) Mr. Hibbert's job description for the period of 1993 to 2001 and (b) the degree of his involvement in the procurement process for and on behalf of the MTW and/or the then Ministry of Construction.
Consequently, the OCG, in its 2009 January 15 Requisition, which was directed to Dr. Ha1es, asked, inter alia, the following question: "Please provide an Executive Summary detailing the capacity, if any, in which Mr. Joseph Hibbert acted at the time of the award of contract(s) to Mabey and Johnson Ltd.

The summary should provide answers to the following questions and detail the information which is requested: i.
Was Mr. Hibbert, at any time, an employee, official and/or representative ofany Public Body(ies) which was/were involved in the (1) negotiations, (2) procurement, (3) award, (4) implementation and/or (5) execution of the contract(s) which was/were awarded to Mabey and Johnson Ltd?

If yes, please provide the following information: a. Mr. Hibbert's respective job title(s) and his associated responsibilities and duties; b.
The daters) on which he held the substantive post(s) listed in (a) above and the daters) on which he demitted the said post(s); MTWIMB&J Ltd. Investigation Office of the Contractor General Page 57 of J63 2009 October c. The level of authorisation which he could grant in regard to the award, implementation and execution of GOJ contract(s) and variation; d. Whether Mr. Hibbert acted as a Consultant and/or Project Manager in regard to the contract(s) which was/were awarded to Mabey and Johnson Ltd and/or in respect of the GOJ bridge building programme; e. Whether in his respective capacity(ies) he was authorised to act as a Consultant and/or Project Manager in regard to the contract(s) which was/were awarded to Mabey and Johnson Ltd ii.
Ifthe answer to (i) above is no, please state the capacity(ies), ifany, in which Mr. Hibbert acted in regard to the contract(s) which was/were awarded to Mabey and Johnson Ltd. iii.

Did Mr. Hibbert, in any way, facilitate the award, implementation, execution and/or variation ofthe contract(s) which was/were awarded to Mabey and Johnson Ltd?
if yes, please provide particulars of the same ... ,,26 In his response to the OCG's Requisition, which was dated 2009 February 24, Dr. Hales provided the following infonnation in response to the OCG's question: "(i)(a) Mr. Joseph Hibbert was the Chief Technical Director (CTD) in the then Ministry ofLocal Government and Works and later Ministry of Transport 26 OCG.

Requisition to Dr. Alwin Hales.


2009 January 15 (See Appendix I) M TIV I if 8&J Ltd. Investigation Office of the Contractor General Page 58 of163 2009 October and Works at the time of the award of the identified contracts to Mabey and Johnson Ltd. (i)(b) Mr. Hibbert was assigned duties in his capacity as CTD on December 11, 1989 and was confirmed in the position on May 1, 1991.
He demitted office on May 22, 2000 on 105 days vacation leave and retired at the expiration of the vacation leave on October 20, 2000 on the grounds of abolition ofpost... (i)(c) During the period of his employment as CTD, his associated responsibilities and duties are as detailed Appendix 31.

The CTD 's authorization level with respect to the award of contracts was limited to contract value not exceeding J$2M and approval ofpayments in excess of J$2M (i)(d) No.

(t)(e) No.
(t)(e) No.

(ii) Not applicable (iii) By virtue of his position as CTD Mr. Hibbert was involved in the award of the first two contracts as outlined in Appendix 1...

He had no involvement in the award ofPhase 2. ,,27 (OCG Emphasis) Appendix 31, which was referred to by Dr. Hales, in his response to the OCG's Requisition, listed the duties that were to be performed by the Chief Technical Director; which included, inter alia, the following: 27 Dr. Alwin Hales.

Response to the OCG's Requisition.


2009 February 24(12) (See Appendix I) MTWIMB&J Ltd. Investigation Off ice of the 0 n t r a ct 0 r en era / 2009 October Page 59 of163 1.

"Providing general direction and control of the planning, design, construction and maintenance ofpublic works and the installation ofelectrical and mechanical equipment.

2.

Advising Government on all technical and engineering matters and preparing technical reports.

3.
3.

Presenting technical paper on Contract Administration at Project Implementation Seminar.

4.

Approving the award ofand variations ofGovernment contracts.

5.

Approving the issuance ofauthorisation ofexpenditure.

6.

Co-ordinating the restoration program for the rehabilitation ofCauseway Bridge and issuing approved bulletins.

7.

Assisting in the pre-qualification ofGovernment Contractors.
,,28 Having confirmed that Mr. Joseph Hibbert was employed to the Ministry during the period in which the two identified contracts were awarded to Mabey & Johnson, the OCG then sought to ascertain, inter alia, Mr. Hibbert's knowledge of the referenced contracts.

The OCG in its Requisition, which was dated 2009 May 27, asked Mr. Hibbert the following question: "What is the extent ofyour knowledge ofthe contract(s) which was/were awarded to Mabey and Johnson Ltd. under the GOJ Bridge Building Programme?
Please 28 List of Duties.

Appendix 31 MTWIMB&J Ltd. Investigation Office of the Contractor General Page 60 of163 2009 October provide a comprehensive statement to this question and provide documentary evidence, where possible, to substantiate your assertions/responses.
,,29 In his response to the OCG's Requisition, which was dated 2009 June 17, Mr. Hibbert stated that "As Chief Technical Director during the period 1989 to 2000 I was Chairman of the Government Contracts Committee which examined the reports and recommendations ofawards (or the supply ofBailey Bridges.
,,30 (OCG Emphasis) Mr. Hibbert further stated that "In 1999 I participated in the negotiations of the supply of Bailey Bridges and Parts which comprised Phase I of the Prioritv Flyover Programme in the amount not exceeding Fifteen Million Pounds Sterling.

I left the Ministry prior to the award and signing o/the contract.
,,31 (OCG Emphasis) Based upon the foregoing information, the OCG found that Mr. Hibbert was involved in the procurement process for the award of the contracts to Mabey & Johnson for (a) the supply of Bailey Bridges, which was awarded on 1996 December 9, in the amount of J$39,584,800.00; and (b) the Priority Flyover Bridge Programme (Phase 1), which was awarded on 1999 December 16 in the amount of J$950,965,680.00.

The Role ofMr.
The Role ofMr.

Deryck Gibson It is instructive to note that Mabey & Johnson, in its 2009 May 5 letter to the Prime Minister, the Hon.

Bruce Golding, stated, inter alia, that "In respect of the Jamaica 1 contract.

the payments were made out of a percentage of contract value allocated to commission (or agent.

the Deryck Gibson and we believe that Mr Gibson would 29 OCG.

Requisition to Joseph Hibbert.

2009 May 27 (See Appendix I) 30 Joseph Hibbert.

Response to the OCG's Requisition.


2009 June 17 (See Appendix I) 31 Joseph Hibbert.

Response to the OCG's Requisition.

2009 June 17 (See Appendix I) MTWIMB&J Ltd. Investigation Office of the ontractor General Page 61 of 163 .~ 2009 October therefore have been aware or the payments.

It appears he also organised some or the travel for Mr Hibbert and his colleagues.
n32(OCG Emphasis) However, on 2009 January 16, the Jamaica Gleaner published a statement, which was dated 2009 January 9, from Mr. Deryck Gibson, Chairman, Deryck A. Gibson Ltd.

In Mr. Gibson's referenced statement, he stated the following in regard to his association with Mabey & Johnson: 1.
"Mr. Deryck Gibson views with utmost concern the disparaging reports that have appeared in the press naming him and Mr. Joseph Hibbert as persons of interest in an investigation initiated by the Serious Frauds [sic J Office (SFO) of the United Kingdom and to be pursued by the Contractor General with respect to contracts made between the Government ofJamaica and the UKfirm Mabey and Johnson Limited during the years 1993-2003.

2.
2.

Mr. Gibson was at all material times the managing director ofDeryck A Gibson Limited which acted as the agent in Jamaica for Mabey and Johnson Limited during the relevant period FollOWing the termination of the agency relationship in December 2005, civil proceedings ensued in the United Kingdom involving Mr. Gibson, Mabey and Johnson Limited, and two former employees of Mabey and Johnson Limited, which action was amicably resolved and the action discontinued by Consent Order filed in December 2008.
That action did not concern any allegations or suggestions that bribes were paid to any Jamaican government Official and so far as Mr. Gibson is aware the investigation by the SFO is unconnected to the issues in the UK action that has been discontinued 32 Mabey & Johnson Ltd. Letter to the Prime Minister.

2009 May 5 (See Appendix II) MTWIMB&J Ltd. Investigation Office of the Contractor General Page 62 of163 2009 October 3.
During the period in which it acted as agent for Mabey and Johnson Limited, Deryck A Gibson Limited and Mr. Gibson were not involved in the making ofany payment to any official, servant or agent of the Government ofJamaica whether by way of bribe or otherwise to procure the award ofany contract to Mabey and Johnson Limited.
If any such bribe or payment to procure the award of any contract to Mabey and Johnson Limited was made to any official, servant or agent of the Government of Jamaica, Mr. Gibson and his company had no involvement in same.

4.

For completeness Mr. Gibson also states that Deryck A Gibson Limited received no payment from the Government of Jamaica, and at all material times its commission was a matter negotiated with and paid by its principal Mabey and Johnson Limited.

5.
5.

On tJ'h December 2008 Mr. Gibson became aware ofan investigation launched by the SFO when his residence and business premises were searched pursuant to a warrant issued at the instance of the SFO and computer equipment belonging to him and his company and to employees seized.

On 11th December 2008 the seized equipment was returned.

6.
6.

Also on 11th December 2008 attorneys acting on behalf of Mr. Gibson met with the representative of the SFO and indicated his willingness to cooperate in their investigation.

It was agreed that copies of documents on which he would be interviewed would be provided to Mr. Gibson and an interview arranged at a convenient date when the representative ofthe SFO returns to the Island.
To date no further contact has been made with Mr. Gibson's attorneys either to provide documents or to arrange a date for his interview.

,,33 33 Deryck Gibson.

Statement printed in the media.


2009 January 16 "j,[r wiid B&-Y Ltd Investigation Ojjice oj the Contractor General Page 63 of 163 2009 October June 1, asked Mr. Gibson the following question: "What is the extent ofyour knowledge ofthe contract(s) which was/were awarded to Mabey and Johnson Ltd under the Government of Jamaica (GOJ) Bridge Building Programme during the period January 1990 to May 2009?
Please provide a comprehensive statement to this question and provide documentary evidence, where possible, to substantiate your assertions/responses.

,,34 In his response to the OCG's Requisition, which was dated 2009 June 19, Mr. Gibson stated that: "Deryck A Gibson Limited (DAGL) acted as agent for Mabey and Johnson Limited (hereafter called Mabey Johnson) from 1989 to 2006.
As managing director of DAGL, I am aware of the contracts awarded to Mabey and Johnson Limited during the period from January 1990 to December 2006 known as the Rural Bridge Program.

The contracts were in two phases/programs.

Phase I which commenced in 1993 and ending in 2000 was done in partnership between Mabey Johnson and Kier & Company (Caribbean Construction Company).

This phase was negotiated directly by Mabey Johnson and Kier & Company.
For Phase II all negotiations between the Government of Jamaica and Mabey Johnson were conducted directly by Mabey Johnson's sales manager and executives.

Further an employee ofMabey Johnson, Mr. Barry Joyce was sent out to work in Jamaica on the project and he was paid by Mabey Johnson direct.

DAGL's role as agent was to make contact.

arrange meetings.
arrange meetings.

pass on technical information responding to queries and concerns raised by MinistrylNational Works Agency officials for which DAGL was paid a negotiated commission.

In 34 ~eG.

Requisition to Deryck Gibson.


2009 June 1 (See Appendix I) MTWIMB&J Ltd. Investigation Office of the Contractor General Page 64 of163 2009 October Phase II DAGL also provided Mabey Johnson with furnished offices in Jamaica for its operations and DAGL's services as agent were remunerated by the negotiated commission.
A copy of the representative contract between Mabey Johnson and DAGL wasformalized in 2003 and a copy ofthat agreement and an earlier letter dated rt December 1991 confirming DAGL as agent for Mabey Johnson are attached.
,,35 (OCG Emphasis) The referenced 1991 December 1 letter, which was provided by Mr. Gibson, stated that "We MABEY & JOHNSON LIMITED, ("the Company") of Floral Mile, Twyford, Reading, Berkshire, England, hereby confirm that Deryck A Gibson Ltd, of 7 1/2 Haining Road, Kingston 5, Jamaica is authorised to promote our products and present on behalf of the Company offers, based on our valid quotations, for the sale of Mabey Bridging Equipment in the territory of Jamaica ...
This Letter of Authority will remain validfrom the date hereof until 1 December 1992.

Any renewal or extension ofthis Letter ofAuthority can be extended subject to our written confirmation.

,,36 The contract which was referenced by Mr. Gibson in his statement, and which was provided to the OCG, was not dated.

However, it appeared to have been signed by Mr. David Mabey and Mr. Gibson, and has the captioned title "REPRESENTATIVE AGREEMENT".
Of import, is the fact that the "REPRESENTATIVE AGREEMENT' had a clause that was entitled "Representative's commission", which stated that "The Representative is entitled to the commission provided for in Annex II, & I, on all sales of the Products which are made during the life ofthis contract to customers established in the Territory.

,,37 35 Deryck Gibson.

Response to the OeG's Requisition.

2009 June 19 (See Appendix I) 36 Mabey & Johnson Ltd. Letter for Deryck Gibson.
1991 December 1 37 Mabey & Johnson/Deryck Gibson.

Representative Agreement MTWIMB&.J Lid.
Investigation Office of the Contractor General Page 65 of163 2009 October With regard to commissions which were received by Mr. Gibson and/or Deryck A. Gibson Ltd., the OCG, in its Requisition, which was dated 2009 June 1, asked Mr. Gibson to provide the" ... date(s) on which you anellor Deryck A. Gibson Ltd. received the said commission(s) .. ,,38 In his response to the OCG's Requisition, which was dated 2009 June 19, Mr. Gibson stated that "Commissions were paid by Mabey Johnson to DAGL going back over a period of 20 years from 1989-2006.
This will have to be researched to ascertain the dates asked for but in any event these payments had nothing whatsoever to do with the matters being investigated as DAGL was a representative of Mabey Johnson and such commissions were matters negotiated and agreed between them and did not concern any public official or body .

.,39 (OCG Emphasis) The OCG was also interested in finding out from Mr. Gibson, whether he and/or Deryck A. Gibson Ltd., remitted any commission to Mr. Hibbert.
In this regard, the OCG, in its 2009 June 1 Requisition, asked Mr. Gibson to provide details regarding the" ... amount(s) ofcommission, ifany, which was remitted to Mr. Joseph Hibbert ... .,40 In his response to the OCG's Requisition, which was dated 2009 June 19, Mr. Gibson stated that "No commissions were ever remitted to Mr. Joseph Hibbert by DA GL or I.

Neither DAGL nor I participated in or have knowledge of any payment to Mr. Hibbert.
,,41 (OCG Emphasis) Further, the OCG in its Requisition, which was dated 2009 June I, that was addressed to Mr. Gibson, also asked him to provide an executive summary in which he was required to provide answers to the following question: 38 OCG.

Requisition to Deryck Gibson.

2009 June 1 (See Appendix J) 39 Deryck Gibson.

Response to the OCG's Requisition.

2009 June 19 (See Appendix I) 40 OCG.

Requisition to Deryck Gibson.

2009 June 1 (See Appendix I) 41 Deryck Gibson.


Response to the OCG's Requisition.

2009 June 19 (See Appendix I) •..•..•.
,.., ... "".,," MTWIMB Investigation Ltd. Office of the Contractor eneral 2009 October Page 66 of163 (a) "A detailed description of your and/or Deryck A. Gibson Ltd. 's role and responsibilities in respect ofthe (1) negotiations, (2) procurement, (3) award, (4) implementation, (5) execution and/or (6) variation ofthe contract(s) which was/were awarded to Mabey and Johnson Ltd.," In his response to the OCG's Requisition, which was dated 2009 June 19, Mr. Gibson stated that "DAGL represented Mabey Johnson as agent.
but not in respect of the headings indicated in section Q3iiia.

The negotiation.

procurement.

award.

execution and variation of the contract(s) awarded to Mabey Johnson were handled bv its sales manager Jonathan Danos and its executives out ofEngland.
,,42 (OCG Emphasis) With regard to his interaction with Mr. Hibbert during the period of 1990 January to 2009 May, the OCG, in its Requisition, which was dated 2009 June 1, asked Mr. Gibson the following question: "Please detail the nature and/or scope ofyour association and/or interaction with Mr. Joseph Hibbert during the referenced period.
,,43 In his response to the OCG's Requisition, which was dated 2009 June 19, Mr. Gibson stated that "As representative of Mabey Johnson, DAGL dealt with Mr. Hibbert as the chief technical director of the Ministry of Transport and Works, passing technical information, dealing with queries and concerns that might have existed between Mabey Johnson and the Ministry of Transport and Works.,,44 The OCG, in its Requisition, which was dated 2009 June 1, also asked Mr. Gibson the following question: 42 Deryck Gibson.
Response to the OCG's Requisition.

2009 June 19 (See Appendix I) 43 OCG.

Requisition to Deryck Gibson.

2009 June 1 (See Appendix I) 44 Deryck Gibson.

Response to the OCG's Requisition.


2009 June 19 (See Appendix I) .. _ .................-............- ..... MTWIMB&J Ltd. Investigation Office of the Contractor General Page 67 of163 2009 October "Did you and/or Deryck A. Gibson Ltd., at any time, work as an agent for and/or in collaboration with Mr. Joseph Hibbert for and/or on behalf of Mabey & Johnson Ltd. during the period January 1990- May 2009?
,,45 In his response to the OCG's Requisition, which was dated 2009 June 19, Mr. Gibson stated that "Neither I nor DAGL worked as an agent for or in collaboration with Mr. Joseph Hibbert.
Mr. Hibbert was chieftechnical director at MTW up to 2000 when Mr. Hibbert ceased to be at the Ministry ... ,,46 The Alleged Payments As was previously indicated, the OCG received from the SFO in the UK, through the offices of ACP Green, several documents, inclusive of copies of bank transfer documents, which detailed the payments which were allegedly made by Mabey & Johnson into accounts which were held in the name of one Mr. Joseph Hibbert.
Mabey & Johnson, in its 2009 May 5 letter to the Prime Minister, the Hon.

Bruce Golding, also stated that "Mabey and Johnson paid sums amounting to £94,434.62 by way of direct payments to Mr Hibbert in cash or to his bank account.

Mabey and Johnson also paid sums totalling £10.652.12 by way of payments to people apparently linked to Mr Hibbert.

including his niece.

and in respect of travel (or Mr Hibbert and other officials.
,,47(OCG Emphasis) Based upon the documents which were reviewed, the OCG has classified these alleged payments into four (4) categories, which are as follows: 45 OCG.

Requisition to Deryck Gibson.

2009 June 1 (See Appendix I) 46 Deryck Gibson.

Response to the OCG's Requisition.

2009 June 19 (See Appendix I) 47 Mabey & Johnson Ltd. Letter to Prime Minister.

2009 May 5 (See Appendix II) MTWIMB&J Ltd. Investigation Office of the Contractor General Page 68 of 163 2009 October 1.
Payments allegedly made directly into bank accounts in the name of one Mr. Joseph Hibbert; ii.

Cash payments allegedly made to Mr. Joseph Hibbert; iii.

Alleged payments to Mr. Joseph Hibbert; iv.

Payments allegedly made to other individuals, for and on behalf of Mr. Joseph Hibbert.

Payments allegedly made directly into bank accounts in the name of one Mr. Joseph Hibbert The payments in this category were detailed on the "Export Agents Commission Card" (See Appendix II) as being paid to Mr. Hibbert.
However, the OCG has also seen corresponding bank transfer instruction documents from Mabey and Johnson for these alleged payments.

The following table details the amounts which were allegedly transferred by Mabey and Johnson into Mr. Hibbert's bank accounts which were held at the National Commercial Bank of Jamaica Ltd. (NCB) in Kingston, Jamaica and at the Barclays Bank PIc.

in Birmingham in the United Kingdom.


These details were extracted, by the OCG, from the referenced "Export Agents Commission Card".

MTWIMB&J Ltd. Investigation Office of the Contractor General Page 69 of 163 2009 October Number Particulars Transaction Payment Payment Rate of Related Document I !

Date Amount (£) Amount Exc.
(USS) 1 Advance 2,000.00 3,000.00 I.S See Appendix rI­ Commission- 17/0211997 Joe Hibbert Exhibit PSX0013, & PXSOOl5 2 Bank Transfer to 1711111997 2,94l.I8 5,000.00 1.7 See Appendix II­ I Joe Hibbert­ Jamaica Exhibit PXSOO 17 & PXSOOl8 3 Bank Transfer to 19/0111998 3,080.71 5,000.00 1.68 See Appendix II­ Joe Hibbert- Jamaica Exhibit PXS0019 & PXS0020 4 Bank Transfer to 02/04/1998 2,976.19 5,000.00 1.68 See Appendix 11­ Joe Hibbert- Jamaica Exhibit PXS0021, PXS0022 & PXS0023 I 5 Bank Transfer to 11105/1998 4,166.67 7,000.00 1.68 See Appendix 11­ Joe Hibbert- Jamaica Exhibit PXS0024.
PSX0025 & PXS0026 6 Bank Transfer to 23/07/1998 5,449.62 9,394.73 1.68 See Appendix II­ Joe Hibbert- Birmingham Exhibit PXS0032 & PXS0030.

I I I MTWIMB&J Ltd. Investigation Office of the Contractor General Page 70 of 163 2009 October , Number Particulars Date Payment Payment Rate of Related Documents I I I Amount(£) i Amount Exc.

i (US$) 7 Bank Transfer to 05/11/1998 5,000.00 8,400.00 1.68 See Appendix 11­ Joe Hibbert- Birmingham Bank Transfer to 18/05/1999 5,000.00 8,050.00 I i 1.61 .
Joe Hibbert- Birmingham Exhibit PXS0033 & PXS0034 See Appendix 11­ Exhibit PXS0036 & PXS0039 Bank Transfer to 04/06/1999 1,863.35 3,000.00 1.61 See Appendix I1­ Joe Hibbert- Jamaica Exhibit PXS0040 & PXS0041 8 9 10 Bank Transfer to 03/07/2000 5,000.00 7,600.00 1.52 See Appendix 11­ Joe Hibbert­ .
Birmingham 11 Bank Transfer to 20103/2001 5,000.00 7,100.00 Joe Hibbert- Birmingham Exhibit PXS0046 & PXS0047 See Appendix I1­ Exhibit PXS0055 & PXS0056 12 Bank Transfer to 30110/2001 3,000.00 4,380.00 1.46 See Appendix 11­ Joe Hibbert- Birmingham Exhibit PXS0065 TOTAL 45,477.72 72,924.73 1.

With regard to the bank transfer that was made on 1998 April 2, in the amount of USD$5,OOO (ref.
item #4) and which was allegedly transferred to Mr. Hibbert's NCB account, the OCG saw a note, which was addressed to Mr. Peter Sykes from Mr. Jonathan Danos, and which was dated 1998 April 1.
The referenced note, stated as follows: MTWIMB&J Ltd. Investigation Office of the Contractor General Page 71 0/163 2009 October "Please transfer $5,000 u.s. To Joe Hibbert to his Jamaican account from his C. ,,48 In regard to the referenced note, Mr. Peter Sykes, in his statement to the SFO, which was dated 2008 November 6, indicated that "This was signed by DANOS andfurther signed 'approved David MABEY 1/4/98,:.49 2.
With regard to the bank transfer in the amount of £5,449.62, which was made on 1998 July 23 (ref.

item #6), and which was allegedly transferred to Mr. Hibbert's Birmingham account, the OCG saw a Mabey & Johnson Memorandum, which was dated 1998 July 22, and which was addressed to Mr. David Mabey from Mr. Peter Sykes and copied to Mr. Jonathan Danos.

The referenced Memorandum stated as follows: "Please find attached the commission statement for J Hibbert for Jamaica which indicates a total of£15,449.62.
As you are aware Mr J Hibbert is visiting the UK at the moment and he has requested via Jonathan Danos that he would like payment ofcommissions due as follows:­ 1) The sum of£10,000 to be made available in cash (tomorrow 23/7/98).

2) The remainder to be transferred to his account in Birmingham.

If you are in agreement for the payment to be made please sign the attached transfer document plus the confirmatory letter to the bank to provide the cash amount.

,,50 48 Note from Jonathan Danos.

1998 April 1.


(PSX0021) (See Appendix II) 49 Peter Sykes.

Statement to the SFO.

2008 November 6 M T WI M B & -J Ltd. Investigation Office of the Contractor General Page 72 of163 2009 October 3.

With regard to the bank transfer in the amount of £5,000, which was made on 1998 November 5 (ref.
item #7), and which was allegedly transferred to Mr. Hibbert's Birmingham account, the OCG saw a note from Mr. Jonathan Danos, that was addressed to a Mikel Urirarren, which was dated 1998 November 1.

The referenced note, which was dated 1998 November 1, from Mr. Danos stated as follows: "I have Just spoken to Joe Hibbert of Jamaica.

His mother has just died in England.


Could YOU please arrange through Peter Sykes (or £5,000 (advance commission to be paid immediately to his Birmingham account as he needs to make funeral arrangements.

PIs Don 't Delay- thanks ... ,,51 (OCG Emphasis) Of import is the fact that a Ms. Charmel Hibbert, the niece of Mr. Joseph Hibbert, in a statement to the SFO, which was dated 2009 April 17, stated that "I can also confirm that my Grand Mother was the mother to Joseph Uriah HIBBERT.
I'm not sure ofthe year but] think his birthday is in July ... H52(OCG Emphasis) Ms. Charmel Hibbert in her statement to the SFO, which was dated 2009 April 17 further stated that "I refer to exhibit PRKOOOI.

a Certified Death Certi{icate dated 2010112009.


I confirm that this Certified Death Certificate relates to the death of my Grand Mother, Inez STEWART who died on 1st ofNovember 1998 at the University Hospital in Lewisham, Lewisham, London ... ] confirm that] registered my Grand Mothers death on the third of November 1998 at the Registry Office in Lewisham, London.

,,53 (OCG Emphasis) 50 Mabey & Johnson Ltd.

Memorandum.

1998 July 22.

(PSX0030) (See Appendix II) 51 Note from Jonathan Danos.
1998 November 1.

(PXS0033) (See Appendix II) 52 Charmel Hibbert.

Statement to the SFO.

2009 April 17 (See Appendix 11) 53 Charmel Hibbert.

Statement to the SFO.


2009 April 17 (See Appendix II) MTWIMB&J Ltd. Investigation Office of the Contractor G'ener~1 Page 73 of 163 2009 October The statement which was given by Ms. Charmel Hibbert, to the SFO, on 2009 April 17, corroborates the information regarding the death of Mr. Hibbert's mother, which was contained in the note from Mr. Danos, which was dated 1998 November 1.

4.

With regard to the bank transfer that was made on 1999 May 18, in the amount of £5,000 (ref.
item #8), and which was allegedly transferred to Mr. Hibbert's Birmingham account, the OCG saw an internal Mabey & Johnson Memorandum, which was dated 1999 May 18, that was addressed to Mr. David Mabey and Mr. Peter Sykes from Mr. Jonathan Danos.

The referenced Memorandum stated as follows: "/ have been approached by Joe Hibbert regarding an advance of GBP5, 000 to cover expenses on his next visit to the UK.

He has requested that this sum is credited to his account in Birmingham.
Ifyou are in agreement for this transfer to take place please sign the transfer document.

,,54 5.

With regard to the bank transfer that was made on 1999 June 4, in the amount of USD$3,OOO (ref.

item #9), and which was allegedly transferred to Mr. Hibbert's NCB account, the OCG saw an internal Mabey & Johnson Memorandum, which was dated 1999 June 2, that was addressed to a Mr. Peter Sykes from Mr. Jonathan Danos.

The referenced Memorandum stated as follows: 54 Mabey & Johnson Ltd.
Memorandum addressed to David Mabey & Peter Skyes.

1999 May 18.

(PXS0039) (See Appendix II) MTWIMB&J Ltd Investigation Office oj--t),·e·- ontractor General 2009 October Page 74 of 163 "/ have been contacted by Joe Hibbert today requesting that USD3.000.00 be sent by bank transfer to his Jamaican Account at National Commercial Bank.

These monies are to be attributed to the next contract {or Flyovers (USD30m).
,,55 (OeG Emphasis) The OeG saw evidence of a handvvritten note on the referenced Memorandum, which states as follows: "Re: telecon with JLD.

This will be the last one in advance. "

Further, in regard to the said Memorandum, Mr. Peter Sykes, in his statement to the SFO, which was dated 2008 November 6, stated that "It is signed D MABEY 4/6/99.

The wording of this memo shows that the contract {or Dvovers was not at that time in existence which is why it was an advance payment.

,,56 (OeG Emphasis) 6.


With regard to the bank transfer that was made on 2000 July 3, in the amount of £5,000 (ref.

item #10), and which was allegedly transferred to Mr. Hibbert's Birmingham account, the OeG saw an internal Mabey & Johnson Memorandum, which was dated 2000 June 30, that was addressed to Mr. David Mabey from Mr. Jonathan Danos.
The referenced Memorandum stated as follows: "Joe Hibbert, Technical Director ofMinistry of Works, Jamaica is due to arrive in the UK in July and has asked us, as usual, to make travel arrangements etc for him.

55 Mabey & Johnson Ltd.

Memo addressed to Peter Skyes.

1999 June 2.

(PXS0040) (See Appendix II) S6 Peter Sykes.

Statement to the SFO.

2008 November 6 MTWIMB&J Ltd. Investigation ojj i c~· o f t he Con t r act 0 r G e n era I Page 75 of163 2009 October 1.
Could we please transfer £2500 to Deryck Gibson's account in Jamaica (he has a travel agent that organises all his travel so we do not need to make any arrangements ourselves).

2.

£5000 to Joe Hibbert's Manchester account.

I am pleased to confirm that we have now received from the Jamaican Government £1,212,420 for the ECGD premium that has been paid infull.
Please note that this amount was included in our offer but nonetheless we have managed to get them to pay this, which increases our profit on the contract by this amount.

15% down payment of the contract is now a banking formality and requires no further action from the Jamaicans.

It is expected in the next two to three weeks.

I would be grateful if you could authorise these payments which will be deducted from any commissions to be paid.
,,57 Further, it is instructive to note that Dr. Alwin Hales, in his response to the OCG's Requisition, which was dated 2009 February 24, informed the OCG that Mr. Hibbert had " ...demitted office on May 22, 2000 on 105 days vacation leave and retired at the expiration of the vacation leave on October 20, 2000 on the grounds ofabolition ofpost.

H58(OCG Emphasis) 7.

With regard to the bank transfer that was made on 2001 March 20, in the amount of £5,000 (ref.
item #11), and which was allegedly transferred to Mr. Hibbert's Birmingham account, the OCG saw an internal Mabey & Johnson Memorandum, which was dated 2001 March 19, that was addressed to Mr. Peter Sykes from Mr. Jonathan Danos.

The referenced Memorandum stated as follows: 57 Mabey & Johnson Ltd.

Memorandum.

2000 June 30.

(PXS0046) (See Appendix II) 58 Dr. Alwin Hales.

Response to the OCG's Requsistion.

2009 February 24 (See Appendix I) AliW Iii B&J it d .
Investigation Office of the ontractor eneral 2009 October Page 76 of163 "Please arrange as follows:­ 1) Cheque for Funeral Expenses for GBP500.00 the cheque to be drawn in the name of "Faith Jadusingh".

2) Transfer for GBP5,000 to Joseph Hibbert - Birmingham Account.

Both the above to be deducted against commissions for Jamaican Bridge Contract.

,,59 Handwritten on the said document is the following: "Agree to advance this as commission. "
Mr. Sykes, in his statement to the SFO, which was dated 2008 Novemebr 6, also stated that the handwritten note was " .. .

signed David MABEY and dated 19/3/01,.60 59 Mabey & Johnson Ltd.

Memorandum.

2001 March 19(PSX0055) (See Appendix II) 60 Peter Sykes.

Statement to the SFO.


2008 November 6 MTWIMB&J Ltd Investigation Off ice 0 f the Con t rae t ~o r G e n era I 2009 October Page 77 of163 Cash Payments Allegedly made to Mr. Joseph Hibbert Mabey and Johnson is alleged to have made several cash payments to Mr. Joseph Hibbert.

A review of the 'Export Agents Commission Card' and other documents, such as Mabey and Johnson internal memos, revealed that the following cash payments were allegedly made to Mr. Joseph Hibbert: (See Appendix II).
Number I Particulars !

I Date Payment Payment I Rate of Exc.

Observations Amount (£) Amount (US$) 1 Cash Payment 07/0711998 10,000.00 • 16,800.00 1.68 See Appendix 11- Exhibit PXS0028 & PXS0029 2 Cash Payment 23/0711998 10,000.00 16,800.00 1.68 See Appendix 11- Exhibit PXS0030- & PSX0031 TOTALS 20,000.00 33,600.00 1.

With regard to the cash payment which was allegedly made on 1998 July 7, in the amount of £10,000, the OCO saw an internal Mabey and Johnson.
Memorandum, which was dated 1998 July 7, that was addressed to a Mr. D.O.

Mabey from Mr. Jonathan Danos.

The referenced Memorandum stated as follows: "As you are aware Mr Hibbert is presently visiting the UK with two other colleagues.

He has requested £10,000.00 cash to be deducted from commission due to him.

Recent commission statement is enclosed.

Please could you initial this memo as authorisation for the payment to be made.

,,61 61 Mabey & Johnson Ltd.

Memorandum.

1998 July 7.


(PXS0028) (See Appendix II) MTWIMB&J Ltd. investigation Office of the Contractor General Page 78 of163 2009 October It is instructive to note that Mr. Peter Sykes, in describing the referenced Memorandum that was dated 1998 July 7, in his statement to the SFO, which was dated 2008 November 6, stated that: "This is signed by 'Jonathan L DANOS '.

Under his name is shown his reference JLD/cdb.

The cdb are initials of one of the company's secretaries at the time.
It would appear that the secretary prepared the memo which was then signed by Jonathan DANOS.

The signature of David MABEY is shown.

There is a further hand written note 'JJ--- RJG to alter Joe HIBBERTS commission spreadsheet.

200635.

7/7/98' This is the hand writing ofDavid MABEY.

JJ is Judy JORDAN, who was his secretary ... 62 2.


With regard to the cash payment which was allegedly made on 1998 July 23, in the amount £10,000, the OCG saw an internal Mabey and Johnson Memorandum, which was dated 1998 July 22, and which was addressed to Mr. David Mabey from Mr. Peter Sykes and copied to Mr. Jonathan Danos.

The referenced Memorandum stated as follows: "Please find attached the commission statement for J Hibbert for Jamaica which indicates a total of£15,449.62.
As you are aware Mr J Hibbert is visiting the UK at the moment and he has requested via Jonathan Danos that he would like payment ofcommissions due as follows:­ 1) The sum of £10,000 to be made available in cash (tomorrow 23/7/98) .... ,,63 62 Peter Sykes.

Statement to the SFO.


2008 November 6 Mirv) M B & j Ltd. Investigation Office of the Contractor General Page 79 of /63 2009 fie t 0 b e r Further, the oca saw a letter, which was dated 1998 July 22, from Mabey & Johnson that was addressed to the Barclays Bank Pic.
The referenced letter had the caption "Cash requirement for Thursday 23 July 1998" and stated as follows: "In confirmation of instructions from Peter Sykes we will require the sum of £10,000.00 in cash (£20 notes) to be provided Thursday 23 July 1998 at 1100 hours.

The person nominated to collect these funds will call personally at King Street with a copy ofthis letter for identification.

Please debit the above amount from our Sterling Account No.30656844.
,,64 With regard to the captioned Mabey & Johnson letter, Mr. Peter Sykes, in his statement to the SFO, which was dated 2008 November 6, stated that "The authorised signatories shown are David MABEY and Mr DALIDA Y. ,,65 63 Mabey & Johnson Ltd.

Memorandum.

1998 July 22.

(PSX0030) (See Appendix II) 64 Mabey & Johnson Ltd. Letter to Barclays Bank PLC.

1998 July 22.

(PXS0031) (See Appendix II) 65 Peter Sykes.

Statement to the SFO.


2008 November 6 Miew)MB&i i Id, InveStigalion Office of the Contractor General Page 80 of163 2009 October Alleged payments to Mr. Joseph Hibbert The "Export Agents Commission Card' (See Appendix II) also detailed other payments, which were allegedly made by Mabey and Johnson to Mr. Joseph Hibbert.

However, the OCG has not seen any documentation, such as the bank transfer instructions or confirmation, for these payments.

The particulars of these payments are as follows: , !
I Number Particulars Date Payment Payment Rate of Amount (£) Amount Exc.

(US$) 1 The card details 20/1111993 2,181.32 an undated advance payment Advance Payment 20/1111993 2,000.00 to J. Hibbert Transfer to 1.
20/1 111993 10,876.88 Hibbert Advance Commission 10/101995 2,000.00 3,000.00 1.5 Advance 24/01 1,000.00 1,500.00 1.5 Commission- re 11996 RCEFMemo Advance 09/07/1996 2,000.00 3,000.00 1.5 Commission- re ETJLD Advance Commission- Joe Hibbert­ 29/05/1997 1,856.45 3,000.00 1.65 Commission- 19/12/2000 6,666.67 10,000.00 total payment TOTAL 28,581.32 20,500 MTWIMB&J Ltd. Investigation Office of the Contractor eneral 2009 October Page 81 of 163 Payments allegedly made for and on behalfofMr.
Hibbert to other individuals A reVIew of the 'Export Agents Commission Card' (See Appendix II) and other documents, such as Mabey & Johnson internal memos, revealed that the following payments were allegedly made for and on behalf of Mr. Hibbert: Number Payment Particulars Date Amount (£) I I Payment i Amount (USS) Rate of Exc.

Related Document Costs for Mrs.
I 20/1111993 1,037.80 Stewart Airfare Cash Payment to 3111 0/1996 200.00 300.00 1.5 Mrs. Pinnock Deduct for Air 28/07/1997 1,249.57 2,099.28 1.68 I I Travel of Ministry Personnel see memo Jam$69,976 i Cheque to Faith 05105/1999 3,000,00 • 4,830,00 1.61 Jadusingh Cheque to Janice 06/01/2000 • 2,000.00 3,220,00 1.61 See Appendix II· Exhibit I Chase PXS0043 Cheque Faith 20/03/2001 500.00 710.00 See Appendix II· Exhibit i Jadusingh- Funeral Expense TOTALS 7987.37 11159.28 PXS0055 M WIMB&J Ltd, Investigation Off ice 0 f t he C~ n t rae tor G e n era I 2009 October Page 82 of163 1.
With regard to the cheque that was allegedly made out to Ms.

Faith Jadusingh, in the amount of £500 (ref.

item #6), and which has a transaction date of 2001 March 20, the OCG saw an internal Mabey & Johnson Ltd.

Memorandum, which was dated 2001 March 19, that was addressed to Mr. Peter Sykes from Mr. Jonathan Danos.
The referenced Memorandum, stated as follows: "Please arrange thefollowing:­ 1) Cheque for Funeral Expenses for GBP500.00 the cheque to be drawn in the name of "Faith Jadusingh" ...the above to be deducted against commissions for Jamaican Bridge Contract.

,,66 Further, it must be highlighted that Ms. Charmel Hibbert (niece of Mr. Joseph Hibbert), in her statement to the SFO, which was dated 2009 April 17, stated that "/ have been asked i(1 know a person by the name o(Faith JADUSINGH.
1 can sav that she is my cousin.

,,67 (OCG Emphasis) In addition, the OCG in its Requisition, which was dated 2009 May 27, asked Mr. Hibbert the following question: "Are you familiar and/or associated with any ofthe following persons: A.

Faith Judasingh; ... ,,68 66 Mabey & Johnson Ltd.

Memorandum.

2001 March 19(PSX0055) (See Appendix II) 67 Charmel Hibbert.

Statement to the SFO.

2009 April 17 (See Appendix II) 68 OCG.

Requisition to Mr. Joseph Hibbert.


2009 May 27 (See Appendix I) MTWIMB&J Ltd. Investigation "Oijic-e- o]"'t-h-~ o-;"trac-t-or General 2009 October Page 83 of163 In his response to the OCO's Requisition, which was dated 2009 June 17, Mr. Hibbert stated "Faith Jadusingh -Niece,,69 COCO Emphasis) 2.

With regard to the cheque that was allegedly made out to Ms. Janice Chase, in the amount of £2000, and which has a transaction date of 2000 January 6 (ref.
item !§), the OCO saw what appeared to be a bank transfer document which was entitled "Instructions for the payment of funds to Leadenhall Bank & Trust Company Limited.

,,70 Mr. Peter Sykes, in describing the captioned document, in his statement to the SFO, which was dated 2008 November 6, stated that" ... hand written at the top as follows; 'Jamaica - Flyover Dec 99 contract/compact 200 Montego Bay Enterprises Inc.
I can confirm that the hand writing at the top ofthis page is that ofJonathan DANOS .. .A hand written note at the bottom states 'Also a cheque for £2.000 for Janice CHASE.

J This is signed D MABEY 5/1/00.


"71 COCO Emphasis) In addition, the OCO in its Requisition, which was dated 2009 May 27, asked Mr. Hibbert the following question: "Are you familiar and/or associated with any ofthe following persons: B. Janice Chase; ... ,,72 In his response to the OCO's Requisition, which was dated 2009 June 17, Mr. Hibbert stated "Janice Chase - Friend,,73 (OCO Emphasis) 69 Joseph Hibbert.

Response to the OCG's Requisition.


2009 June 17 (See Appendix I) 70 Mabey & Johnson.Bank Transfer document.

(PSX0043) (See Appendix II) 71 Peter Sykes.

Statement to the SFO.

2008 November 6 72 OCG.

Requisition to Mr. Joseph Hibbert.


2009 May 27 (See Appendix I) ,-"" -~ .. , - _.. _- MTWIMB&J Ltd. Investigation ~--- - -- --- Office of the ontractor General Page 84 of 163 --~ ....... '"" - -- ._- 2009 October , Further, it is instructive to note that Ms. Janice Chase, in her statement to the SFO, which was dated 2009 July 26, stated that "I have been asked if Joe ever arranged a cheque (or £2,000.00 (or me.

1 remember that in 2000 1 was decorating my flat.


1 asked Joe if he could help me out financially.

He agreed and told me that 'Jon' would be in touch.

He did get in touch and 1 went to.

1 think it was Holland Park to collect it from him.

1 know 'Jon' to be Jonathan DANOS... !

met him on occasions with Joe.
Joe said that 'Jon' was one ofhis best friends... 'Jon' actually attended the wedding of Faith JADUSINGH in 1999. ,,74 (OCG Emphasis) Other PaYments The payments which are listed in the table which appears in this section were also detailed on the "Export Agents Commission Carel' and, according to Mr. Peter Sykes, the "Export Agents Commission Carel', which was held in the name of Mr. Joseph Hibbert, was changed to that of "Montego Bay" based upon the instructions of Mr. Jonathan Danos.
However, the OCG has not seen any documentary evidence to show that Mr. Joseph Hibbert was the beneficiary of these amounts which were detailed on the "Export Agents Commission Carel' (See Appendix II) and, as such, the OCG did not include these payments in the foregoing four (4) areas of alleged payments for and/or on the behalf of Mr. Joseph Hibbert.
In this regard, it is instructive to note that Mr. Peter Sykes, in his statement to the SFO, which was dated 2008 November 6, stated as follows: 73 Joseph Hibbert.

Response to the OCG's Requisition.

2009 June 17 (See Appendix I) 74 Janice Chase.

Statement to the SFO.2009 July 26 (See Appendix II) MTWIMB&J Ltd. Investigation Office of the Contractor Genera-I" Page 85 of163 009 October "Payments were made to Joseph HIBBERT from an Export Commission Card in his name to accounts that he held in the UK.
Jamaica and Bahamas.

He was also paid in cash at times.

This Export Commission Card's title was later changed to 'MONTEGO BAY'.

I do not know the reason for the change in Commission Card title but some ofthe payments shown on the MONTEGO BAY Export Commission Card are shown as being made to Joe HIBBERT as his name appears as a recipient ofcommission payments.
I do not know who had control over the account held at the LEADENHALL BANK and TRUST Co, which received payments from the MONTEGO BAY Commission Card.

I would have expected that if the payments were for anyone other than Joseph HIBBERT then a new and separate commission card, with the name of the recipient, would have been prepared and used.
In all the circumstances, I have no reason to believe that the payments made to LEADENHALL BANK and TRUST Co in the name of Montego Bay, are for anyone other than Joseph HIBBERT.
JJ7\OCG Emphasis) Based upon a review of the documents which were provided to the OCG, by the SFO, and, in particular, the "Export Agents Commission Card", which was referred to by Mr. Sykes in his statement to the SFO, that was dated 2009 November 6, the OCG found that there were several alleged transfers made to the Leadenhall Bank & Trust Co. in the Bahamas for and behalf of the Montego Bay Enterprises Ltd.
In the OCG's Media Release of 2009 January 7, which publicly announced the OCG's decision to commence a formal investigation into the allegations of corruption and irregularity involving GOJ contract awards to Mabey and Johnson, a reference was made to allegations which suggested that "questionable payments, totalling several million United States dollars in value, were made or transferred by Mabey and Johnson to 75 Peter Skyes.

Statement to the SFO.


2008 November 6 MTWIMB&J Ltd. Investigation Office of the ontractor General Page 86 of J63 2009 ctober certain specified persons and/or into certain bank accounts, in relation to the said contracts" (See Appendix I).
The OCG's Media Release had further disclosed that "The Documentation that the OCG has received from the JCF would suggest that several ofthe alleged referenced payments were made to, for the benefit of, and/or on the account of, the said Mr. Joseph Hibbert between 1993 and 2003".

(See Appendix I).

The following table highlights some of the particulars of some of the alleged referenced payments.
The payment particulars were extracted by the OCG from the above­ referenced "Export Agents Commission Card" (See Appendix II).
MTWIMB&J Ltd. Investigation Office of the Contractor General Page 87 of /63 2009 October Number Particulars Transaction Payment Amount Payment Rate of Date (£) Amount (US) Excbange 1 Bank Transfer to Leadenhall 06/0112000 12,422.36 20,000.00 Bank & Trust Co­ USD20,000 2 3 Bank Transfer to Leadenhall 21108/2000 320,444.00 476,948.85 Bank & Trust Co­ GBP320,444IUSD476,948.85 Bank Transfer to Leadenhall 02/0212001 197,876.03 291,827.52 Bank & Trust Co- I GBPI97,876IUSD291,827.52 !
4 Bank Transfer to Leadenhall 16/08/2001 590,802.25 837,956.44 Bank & Trust Co­ GBP590802.25 5 Bank Transfer to Leadenhall 15/1112001 253,534.62 363,594.00 Bank & Trust Co­ GBP253,534.62 Part Pymt 6 Bank Transfer to Leadenhall 16/1112001 110,059.38 157,219.82 Bank & Trust Co­ GBP11 0,059.38 Part Pymt 7 Bank Transfer to Leadenhall 29/01/2002 212,291.00 I 297,992.88 1.61 - - - - - .
Bank & Trust Co­ GBP212,291.00 final Pymt I TOTAL 1,697,429.64 2,445,539.51 1.4037 I i I It is instructive to note that the OCG, in its Requisition which was dated 2009 May 27, asked Mr. Hibbert the following questions: j,irHw 1M B &: J Lt d .

Investigation Ojjice of the ontractor General Page 88 of /63 "Did you, at any time, and/or do you have any bank account(s) with the Leadenhall Bank & Trust Co. Ltd, in the Bahamas?

i.
i.

/fyes, please provide the following information: (a) The account number(s); (b) The daters) on which the account(s) was/were opened; (c) The daters) on which the account(s) was/were closed; (d) The branch at which each ofthe account(s) is/was held; (e) The name(s) ofthe signatories to the account.

ii.

/fno, are you and/or were you, at any time, a signatory to any account which is/was held with the Leadenhall Bank & Trust Co. Ltd in the Bahamas?
/fyes, please provide (a) the particulars ofthe same, (b) the account(s) number(s), (c) the daters) on which such account(s) was/were opened and closed, and (d) the name(s) of the primary account holder(s).

,,76 In his response to the DCG's Requisition, which was dated 2009 June 17, Mr. Hibbert stated that "No ... (a) (b) (c) (d) (e) Does not apply.

,,77 76 OCG.

Requisition to Joseph Hibbert.

2009 May 27 (See Appendix I) 77 Joseph Hibbert.

Response to the OCG's Requisition.


2009 June 17 (See Appendix I) MTWIMB&J Ltd. Investigation Office of the Contractor General Page 89 of163 2009 October With regard to the account which was held at the Leadenhall Bank and Trust Co. Ltd. in the Bahamas, it is instructive to note that the OCG has not received and/or seen any documents which would suggest that Mr. Hibbert was (a) a primary account holder and/or (b) a signatory to the account.
However, the SFO, by way of a letter, which was dated 2009 May 29, that was addressed to ACP Green, stated that: "The follOWing documents have also come into the possession ofthe SFO: A copy of a General Ledger entry regarding Montego Bay Enterprises Inc showing a payment of$5, 000.00 on 27-Apr-OI to Joseph HIBBERT.

A copy document from TR UST SERVICES, S.A.


Statement of Savings Account, Name: Banco Continental De Panama, Name Montego Bay Enterprises showing a payment transfer of$5,000.00 to Joseph HIBBERT on Oct 9102 ... A copy of a document titles 'Leadenhall Trust US Client Account, General Ledger, Montego Bay Enterprises Inc for the period l7-Aug-Ol to 08-0ct-Ol' showing payment of$5, 000.

00 to Joseph HIBBERT on 09-0ct-Ol.


,,78 Mr. Joseph Hibbert's Bank Account Information - Identity ofAccount Holder It must be noted that, at the commencement of its Investigation, the OCG found that several assertions were made with regard to whether or not the Joseph Hibbert, which was accused by Mabey & Johnson of receiving bribes and/or kick-backs, was the said Joseph Hibbert who is currently a Member of Parliament and who was formerly the Chief Technical Director in the MTW.

78 Sasi-Kanth Mallela.


SFO letter to ACP Green.
2009 May 29 (See Appendix II) ivtTWIMB&jLtd, Investigation Office of the Contractor General Page 90 of163 2009 October In point of fact, in a Jamaica Gleaner article, which was entitled "Heat on Hibbert ­ OCG to probe state minister on corruption allegation, lawyer angered", that was published on 2009 January 8, it was reported that Mr. Ernest Smith, Attorney-At-Law representing Mr. Hibbert, had asserted that Mr. Hibbert was the " ... victim ofcrooks who used his name to defraud Mabey and Johnson and send the money to bank accounts in some far away land.
,,79 (OCO Emphasis) The referenced article further reported that Mr. Smith had indicated that the " ... documents supplied by the British investigators indicate that money was transferred to accounts that did not belong to Hibbert.

"so Therefore, from the very outset of the Investigation, the identity of Mr. Joseph Hibbert, as well as the veracity of the identity of the holders of the bank accounts to which money was allegedly transferred by Mabey & Johnson were brought into question.
National Commercial Bank ofJamaica Limited (NCB), Kingston.

Jamaica It is the finding of the OCO that the payments which were allegedly deposited by Mabey and Johnson into the referenced NCB, Kingston, Jamaica bank account, were deposited into an account bearing the number 064883623.

Consequently, the OCO in its Requisition, which was dated 2009 May 27, asked Mr. Hibbert the following questions: "Did you, at any time, and/or do you have any bank account(s) with the National Commercial Bank ofJamaica Ltd?
79 Jamaica Gleaner.

"Heat on Hibbert - OCG to probe state minister on corruption allegation, lawyer angered'.

2009 January 8. http://www.jamaicagleaner.com/gleaner/20090 I 08/lead/lead I.html 80 Jamaica Gleaner.

"Heat on Hibbert - OCG to probe state minister on corruption allegation, lawyer angered'.

2009 January 8. http://www.jamaicagleaner.com/gleaner/20090 I 08/lead/Iead I.html MTWIMB&J Ltd. Investigation Office of the Contractor General Page 91 of163 2009 OClober ii.
Ifyes, please provide the following information: (a) The account number(s); (b) The daters) on which the account(s) was/were opened; (c) The daters) on which the account(s) was/were closed; (d) The branch at which each ofthe account(s) is/was held; (e) The name(s) ofthe signatories to the account.

iii.

Ifno, are you and/or were you, at any time, a signatory to any account which is/was held with the National Commercial Bank of Jamaica Ltd?
If yes, please provide (a) the particulars of the same, (b) the account(s) number(s), (c) the daters) on which such account(s) was/were opened and closed, and (d) the name(s) of the primary account holder(s).

,,81 In his response to the OCG's Requisition, which was dated 2009 June 17, Mr. Hibbert stated "yes" and provided the following details: a) "Account No.

064153153 b) December 1972 c) Account remained opened.

d) 54 Kings Street.

e) Joseph Uriah Hibbert.

81 OCG.

Requisition to Joseph Hibbert.


2009 May 27 (See Appendix I) MTWIMB&J Ltd. Investigation Office of the Contractor eneral 2009 October Page 92 of163 - - - ........- ­ (U) See answer to 6(i) above.

,,82 The OCG found that the account number which was provided by Mr. Hibbert (i.e.

064153153) was not identical to that which was detailed in the bank transfer documents which were supplied by the SFO to the OCG regarding the alleged Mabey and Johnson payments that were made to Mr. Joseph Hibbert (Le.
064883623).

However, the OCG, by way of a formal written Requisition to the NCB, which was dated 2009 June 3, asked Mr. Patrick Hylton, the Group Managing Director of NCB, the following questions: "The OCG has received from the Serious Fraud Office in the United Kingdom evidence ofaccount number 064883623 being held in the name ofone Mr. Joseph Hibbert with the National Commercial Bank of Jamaica Ltd.
In this respect, kindly provide the following particulars for account number 064883623 (the account is recorded as being held at the Kings Street Branch): (a) The date on which the account was opened; (b) Ifclosed, the date on which the account was closed; (c) Please confirm the branch at which each of the account is/was held; (d) The name(s) ofthe signatories to the account(s); (e) The name(s) ofthe primary account holder(s); 82 Joseph Hibbert.

Response to the OCG's Requisition.


2009 June 17 (no.6) (See Appendix I) MTWIMB&J Ltd. investigation Office of the ontractor General Page 93 of 163 2009 October --~.......~-- - - - ...- - -..---~- (f) The given address ofthe primary account holder(s}.

,,83 In its response to the OCG's Requisition, which was dated 2009 June 16, Mrs. Nicola Whyms Stone, the Legal Counsel, NCB, advised as follows: "Please note 064153153.

84 that account number 064883623 was closed to account number a.
Date account was opened 20 December J982 AlClVo.064883623 AlC IVo.

064153153 26 September, 2003 b.
Date account was closed September 26, 2003 NIA c. Branch account was held 37 Duke Street 37 Duke Street d Names o/Signatories on account e. Name 0/Primary account holder f Address on File Joseph Uriah Hibbert Joseph Uriah Hibbert Joseph Uriah Hibbert Joseph Uriah Hibbert 27 Tucker Ave. Kingston 6 27 Tucker Ave. Kingston 6 Having regard to the information which was detailed by the NCB, the OCG found that the account which was held in the name of Mr. Joseph Hibbert and to which payments from Mabey & Johnson Ltd. were allegedly transferred, was closed on 2003 September 26.
However, Mr. Joseph Hibbert was, at all times, the primary account holder of the said account.

At this juncture, it is instructive to record that the OCG recognized that there may have been some reservation on the part of the NCB to disclose the information which was requisitioned in light of the bank's policy of maintaining the strict confidentiality and secrecy of its clients' information.

83 aCG.

Requisition to Mr. Patrick Hylton.

NCB.

2009 June 3 (See Appendix I) 84 NCB.


Response to the aCG's Requisition.


2009 June 16 (See Appendix I) MTWIMB&J Ltd. Investigation OJ/ice 0/ the Contractor General Page 94 of 163 2009 October Consequently, the OCG believes that it is extremely important to publicly highlight the fact that the Contractor General Act, by its expressed provisions, grants to a Contractor General certain over-riding powers, in the public interest, to demand, to receive and to publish such information in the pursuit of its statutory investigations.
In the foregoing regard, Section 18 (4) of the Contractor General Act provides as follows: "Any obligation to maintain secrecy or any restriction on the disclosure of information or the production ofany document or paper or thing imposed on any person under the Official Secrets Act, 1911 to 1939 of the UK (or ofany Act of Parliament of Jamaica replacing the same in its application to Jamaica) or, subject to the provisions ofthis Act, by any law (including a rule oflaw) shall not apply in relation to the disclosure of information or the production of any document or thing by that person to a Contractor General for the purpose of an investigation .,.
".

Further, Section 28 (4) of the Contractor General Act specifically provides that "A Contractor General may, in the public interest, from time to time, publish in such manner as he thinks jit, reports (of his Investigations) ... but no such report shall be published until after it has been laid (in the House of Representatives and the Senate) pursuant to subsection (3) " Barclays Bank P Le.

Birmingham.
Birmingham.

United Kingdom With regard to the payments, which were allegedly made by Mabey and Johnson to the Birmingham Bank, the OCG found that the payments were allegedly deposited in the Barclays Bank PIc., in Birmingham, UK, to an account which carried the number 10473936.

MTWIMB&J Ltd. Investigation Off ice 0 f the Con t r act 0 r G e"n e ~ a i 2009 October Page 95 of163 - - - , .

- , -_. .
- , -_. .

_ - - ­ Consequently, the OCG in its Requisition, which was dated 2007 May 27, asked Mr. Hibbert the following questions: "Did you, at any time, and/or do you have any bank account(s) with the Barclays Bank in England?
i. lfyes, please provide the following iriformation: (a) The account number(s); (b) The daters) on which the account(s) was/were opened; (c) The daters) on which the account(s) was/were closed; (d) The branch at which each ofthe account(s) is/was held; (e) The name(s) ofthe signatories to the account.

ii.

lfno, are you and/or were you, at any time, a signatory to any account which is/was held with the Barclays Bank in England?
lf yes, please provide (a) the particulars of the same, (b) the account(s) number(s), (c) the daters) on which such account(s) was/were opened and closed, and (d) the name(s) ofthe primary account holder(s).

,,85 In his response to the OCG's Requisition, which was dated 2009 June 17, Mr. Hibbert stated "Yes" and provided the following details: a) "10473936 b) 21.8.1992.

85 OCG.

Requisition to Joseph Hibbert.


2009 May 27 (See Appendix J) M i"w iii B&j Ltd. Investigation Office of the Contractor General Page 96 of163 2009 October - - " " " - - ......

Contractor General Report Continues on the next document Contractor General ReportP3