Edmond Campbell, News Coordinator

The Trafigura Beheer controversy resurfaced in the Senate yesterday when Opposition Senator Dr. Christopher Tufton queried whether the transfer of sums totalling $31 million to a PNP-linked account last year had been subjected to the reporting requirements under the Money Laundering Act, as it could have been deemed a suspicious transaction.

Debating the Proceeds of Crime Bill in the Senate yesterday, Senator Tufton questioned whether there was a reporting mechanism with regard to the money that was transferred to a dormant account linked to the governing People's National Party (PNP) by the Dutch oil company.

In a follow-up interview after the sitting of the Senate, Dr. Tufton raised the question of whether the transactions had been reported as required under the law, and if those reports had triggered an investigation.

He said banks were required to report suspicious transactions, and the account to which the funds were deposited - CCOC Associates, an account linked to the party's former general secretary and Information Minister Colin Campbell - was dormant.

Red flag

This, he said, should have "automatically, under the Money Laundering Act, raised a red flag, which would require reporting to the appropriate agency," which is the Financial Investigation Division.

"And I think it would be an important thing to do, primarily because it is a case where a political party is involved, a political party that is in government, and you want to achieve a situation where there is transparency and appropriate accountability so that the people can have confidence in the law to work," he maintained.

However, the Opposition Senator made it clear that he was not accusing anybody of engaging in illegal drug activity or money laundering.

Last year Opposition Leader Bruce Golding walked out of Parliament during a debate to censure his Opposition colleague, Karl Samuda for reportedly misleading the House, and on the same day convened a press conference in the Opposition's offices where he unveiled the Trafigura affair.

Meanwhile, Opposition Senators while supporting the intent of the Proceeds of Crime Bill, warned against provisions, which they claim would breach the constitutional rights of Jamaicans.

Dorothy Lightbourne, attorney-at-law argued that in trying to enact legislation to bring the perpetrators and masterminds of crimes to justice, Parliament should be careful to create a balance by not discarding established legal principles that protect fundamental rights of citizens.

Senator Lightbourne asked her colleagues to rethink certain clauses that are offensive and to ensure that the Bill contained provisions that maintain "proof beyond reasonable doubt; ensure that evidence is direct and not hearsay and ensure that assumptions are out and decisions are made on facts found on evidence".

However, Government Senator, Noel Monteith asked why the Opposition did not submit a minority report, setting out its objections to the bill, at the end of committee deliberations on the proposed law.

His colleague, Senator Trevor Munroe said the Macmillan Report, which was commissioned by the JLP leadership proposed, among its recommendations, legislation to deal with asset forfeiture modeled off the British law.

He argued that the British legislation contained similar provisions to which the Opposition was now raising objections.

The debate will continue today and the Senate is expected to pass the bill.