By DURRANT PATE
Senior Staff Reporter

There is growing bad blood between the Office of the Contractor General (OCG) and one of the country’s largest law firms, DunnCox over the latter’s handling of the investigation into the airlift guarantee agreement between the Government of Jamaica and American Airlines.

Written correspondence between the OCG and DunnCox characterizes the acrimony between both parties, as they levelled stinging charges and verbal sparring at each other.

DunnCox has taken umbrage to the OCG sending a copy of its (OCG) correspondence to the law firm to several government bodies.

The main offending correspondence, dated November 10, 2009 demanded DunnCox’s release of information regarding the cost for legal representation for the director of tourism, John Lynch and chairman of Jamaica Vacations (JAMVAC) Limited, Lionel Reid.

Both Lynch and Reid had sought legal representation from DunnCox at the public’s cost when demanded by the OCG to provide information regarding the American Airline airlift guarantee deal.

DunnCox has questioned the integrity of the OCG and imputed that its action is based solely on retribution and a vindictive motive for launching an investigation into the retention of legal services by the law firm.

DunnCoxx argued that the OCG appeared to be singling out the law firm for “unfair treatment,” while expressing regret that the OCG and themselves have become embroiled in “unpleasant exchange” and hope that this does not continue.

In its letter, DunnCox remarked, “It is clear from the aforementioned that your decision to investigate our retention was done purely as an act of retribution rather than upon any sound concern that impropriety has occurred.  Such conduct is an abuse of power.”

Countercharges

In addition, DunnCox contended that despite the many letter requisitions to JAMVAC, it was only the OCG’s letter of November 10, 2009 and subsequent letters addressed to the law firm that were copied to various divisions of government.

“We can only surmise that your decision to copy the divisions was an attempt to embarrass or somehow malign our firm’s good name.  Such conduct is an abuse of power,” DunnCox concluded in its letter.

The law firm sought to justify its position that providing the information requested by the OCG could override attorney/client privilege.

However, the OCG has fired back charging that the law firm’s letter of November 10 amounted to “a documented assault on the OCG and the Contractor General.”

The OCG has dismissed DunnCox’s position that the reason for turning the spotlight on it was driven by ill intent towards the law firm.

In its response dated, December 14, 2009, the OCG sought to clarify its position and disabuse DunnCox of the opinion that its investigation of the matter was driven by anything than “a sound concern that impropriety has occurred.”

The OCG has described DunnCox accusations as “baseless and indeed, bordering upon recklessness and lending itself to being libelous.”

Improper and irregular

The OCG in its report on the American Airlines airlift agreement with Jamaica found that the contract for the retention of the legal services of DunnCox was both improperly and irregularly awarded when measured against the requirement of section 4 of the Contractor General’s Act.

This conclusion is based on the fact neither the Permanent Secretary in the Ministry of Tourism nor the board of JAMVAC granted permission for the execution of the contracts as at June 9, 2009 and that a signed contract was not executed between DunnCox and JAMVAC until June 26, 2009.

According to the OCG, JAMVAC had incurred legal fees amounting to some $441,924.24 for legal services, which were rendered by DunnCox to assist Messrs. Lynch and Reid to provide responses to its enquiries.

“It is the considered opinion and conclusion that these fees cannot be justified by JAMVAC nor should they have ever been permitted to be incurred at the expense of the Jamaican taxpayers, “ the OCG stated.

The OCG has “further concluded and is fortified in its views that the retention of the legal services of DunnCox by JAMVAC amounts to an abuse of positions, privilege and the taxpayers’ money by both Messrs Lynch and Reid.”