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Air Jamaica London Heathrow Slots Divestment Investigation
Supporting Documents
(Please click on each item to view the document)
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"Position Paper" which was prepared by Mr. Michael Conway, the former President
& CEO of Air Jamaica, in which he concludes that "Our Pick is
BA" (April 17, 2007).
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Former
Minister of Finance & Planning, Dr. Omar Davies' Letter to Virgin
Atlantic Airways, outlining, in writing, the six suggested areas for
improvement for its proposal (April 17, 2007). (NB. It is instructive to
record that neither Dr. Davies, nor any official or officer of Air Jamaica,
nor any other person, has been able to produce any evidence to prove that a
similar written offer
was extended to British
Airways - a circumstance which, by itself, would automatically render the
tender and divestment process irregular, improper and null & void).
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British
Airways' Letter to Dr. Omar Davies, highlighting the value of its proposal
(April 19, 2007). (NB. Dr. Omar Davies, in his written Statement of April
6, 2009, which was issued to Jamaica Media Representatives, stated, inter alia,
that British Airways "...was also given the chance to improve its bid but
confirmed in writing (via its letter of April 19, 2007) that it would not
be doing so". However, contrary to Dr. Omar Davies' representations, no
such assertions are disclosed, conceded or confirmed in the British
Airways letter of April 19, 2007. Further, British Airways expressed a
wholly contrary position in its letter to Dr. Omar Davies of April 27,
2007 - a position which, it should be noted, was never in any way
questioned or challenged by Dr. Davies or by Air Jamaica, at the time,
despite the charges that he, Dr. Davies, is now (i.e. in April 2009) making".
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"BA/VS
Evaluation - Major Issues", which was prepared by Mr. Michael Conway
and in which it is stated, inter alia, that "While I am aware that we should not allow
VS to dictate the pace of our decision, I have to protect Omar who
promised an early response..." (April 19, 2007).
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"Final Position Paper", which was prepared by Mr. Michael Conway, comparing the
proposals from Virgin Atlantic Airways & British Airways and which
concludes that "It is the recommendation of the Management of JM that
we go with BA and move to execute an Agreement with that carrier" (April
19, 2007).
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Dr. Omar
Davies' Letter to Virgin Atlantic Airways, approving, 'in principle', the
Virgin Airways proposal (April 23, 2007). (NB. It is instructive to record
that both Dr. Omar Davies and Mr. O.K. Melhado, the former Board Chairman
of Air Jamaica, failed to disclose the existence of this letter in the
sworn written statements which they gave to the OCG. Further, in his sworn
statement of July 21, 2008 to the OCG, Dr. Davies testified in writing
that his "...involvement as Minister of Finance and Planning was limited to
a discussion with the Chairman of Virgin Atlantic ..." However, in
his letter to the Chairman of Virgin Atlantic, dated April 23, 2007, Dr. Davies
expressly refers to "our exchange of correspondence as well as several telephone
conversations on the matter").
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Dr. Omar Davies' Letter to British Airways, responding to its letter to him of April 19, 2007
and informing it, inter alia, of his approval of the Virgin Atlantic Airways
proposal (April 23, 2007). (NB. It is again instructive to record that both Dr. Davies
and Mr. Melhado failed to disclose the existence of this letter in the sworn written
statements which they gave to the OCG. It is also critical to record that despite Dr. Davies'
statement to Jamaica Media Representatives on April 6, 2009 that British Airways "...was also
given the chance to improve its bid but confirmed in writing (via its letter of April 19, 2007)
that it would not be doing so", there is absolutely nothing in Dr. Davies' letter of April 23, 2007
to British Airways which discloses that that was the interpretation which he had then placed upon
the April 19, 2007 British Airways letter. Indeed, in his response
letter of April 23, 2007 to the British Airways letter of April 19, 2007, Dr. Davies unequivocally
acknowledged that the April 19, 2007 letter was one in which British Airways was merely "...outlining
points in favour of Air Jamaica entering into a cooperative agreement with British Airways on the
London route").
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Dr.
Omar Davies' Letter to Mr. O.K. Melhado, informing him, inter
alia, of
his decision to approve the Virgin Atlantic Airways proposal (April 23,
2007).
(NB. Again, it is instructive to record that both Dr. Davies and Mr.
Melhado
failed to disclose the existence of this letter in the sworn written
statements
which they gave to the OCG. Mr. Melhado also failed to disclose, to the
Jamaican People, the existence and full import of
Dr. Davies' three (3)
letters of April 23, 2007 in the same manner that he had failed to
disclose the
letters to the Air Jamaica Board of Directors at its meeting of May 2, 2007. In his April 19, 2009
Gleaner
Newspaper article, entitled, "Pubic Policy: The Contractor General's
Error",
Mr. Melhado grossly understated the substance of the matter by
representing
that he had "...deliberately deferred informing the members of the minister's
preference for the VS bid ...". As is now clear, the issue was
not about Dr.
Davies' "preference" for the Virgin Airways
proposal. It was much more
than that. Dr. Davies had not only "approved",
in writing, the
Virgin Airways proposal, but had advised the other competitor, British
Airways,
that it was a done deal. All this was done on April 23, 2007 despite
the fact
that (a) Air Jamaica's Executive Management had recommended, in
writing, the acceptance of the British Airways proposal and, (b) the
matter had
not yet been deliberated upon or approved by the Air Jamaica Board of
Directors
nor by the Cabinet of the Government of Jamaica. None of this was,
however,
disclosed by Mr. Melhado to the Jamaican People).
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"Justification Paper", which was prepared by Mr. Paul Pennicook, the then Senior Vice
President - Sales & Marketing, Air Jamaica, in support of Air Jamaica's
recommendation to accept the British Airways proposal (April 24, 2007).
(NB. This "Justification Paper" was prepared at the request of Mr. Michael
Conway).
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Mr. Michael Conway's Letter to Virgin Atlantic Airways congratulating Virgin
Atlantic Airways on its impending agreement with Air Jamaica. (April 25,
2007). (NB. Mr. Conway's letter inexplicably follows his April 17 and 19,
2007 recommendations for the acceptance of the British Airways proposal
and his request of Mr. Pennicook to produce the above-referenced April 24,
2007 "Justification Paper" in favour of the British Airways proposal.
However, it must be noted that Mr. Conway's letter also follows Dr.
Davies' questionable intervention into the British Airways and Virgin
Airways proposal evaluation and approval processes and Dr. Davies'
written notification of April 23, 2007, given to Virgin Airways, British
Airways and Mr. O.K. Melhado, advising them of his, Dr. Davies'
approval of the Virgin Airways proposal).
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Virgin
Atlantic Airways' Email Response to Mr. Michael Conway, informing him of
its travel arrangements to Jamaica to finalize the agreement with Air
Jamaica (April 26, 2007).
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British
Airways' Letter to Dr. Omar Davies, expressing, inter alia, its
position that it was not "...given the opportunity to respond to any
perceived shortcomings in our proposal, nor to extending the discussion as
to what further support is required", and requesting that Dr. Omar Davies
reconsiders his April 23, 2007 decision to approve the Virgin Atlantic
Airways proposal and to meet with it, British Airways, at the Government's
"...earliest convenience should you decide that a further meeting would
benefit both parties" (April 27, 2007). (NB. It is instructive to note
that Dr. Davies did not respond to the British Airways request and offer
nor did he or any other Air Jamaica official or officer, at any time until
now (i.e. in April 2009), challenge or question the charges which had been made
by British Airways).
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Mr. O.K.
Melhado's Letter to Dr. Omar Davies, with attached "Updated Summary",
comparing the Virgin Atlantic Airways & British Airways proposals (May
2, 2007). (NB. It is critical to record that this "Updated Summary" was
prepared, after the fact, to "facilitate" and to give questionable
legitimacy to the selection of the Virgin Airways proposal by Dr. Davies
which had taken place some nine (9) days earlier on April 23, 2007).
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OCG's
Letter to Senator the Hon. Don Wehby, the Minister with portfolio
responsibility for Air Jamaica, advising him of the OCG's initiation of
the Air Jamaica London Heathrow Slots Divestment Investigation (April 23,
2008).
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OCG's Requisition
Questionnaire to Dr. Omar Davies (July 7, 2008).
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OCG's
Requisition Questionnaire to Mr. O.K. Melhado. An identical OCG
Requisition Questionnaire of the same date, was also sent to Mr. Noel Sloley, a
former Air Jamaica Director (July 8, 2008).
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OCG's
Requisition Questionnaire, which was directed to Mr. Paul Pennicook, by
Mr. William Rogers, the then Acting President & CEO of Air Jamaica
(July 9, 2008).
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Mr. O.K.
Melhado's & Mr. Noel Sloley's Response to the OCG's Requisition
Questionnaire (July 15, 2008).
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Dr. Omar
Davies' Response to the OCG's Requisition Questionnaire (July 21, 2008).
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Mr. Paul
Pennicook's Response to the OCG's Requisition Questionnaire (July 22,
2008).
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OCG's
Cover Email and Letter of Invitation to Mr. Michael Conway, inviting him
to assist the OCG in its Investigation (August 13, 2008).
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OCG's
Follow-up Requisition Questionnaire to Dr. Omar Davies, including OCG Letter of October
1, 2008, correcting typographical errors (September 18,
2008).
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OCG's
Follow-up Requisition Questionnaire to Mr. O.K. Melhado. An identical OCG Requisition Questionnaire
of the same date, was also sent to Mr. Noel
Sloley (September 18, 2008).
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Mr. O.K.
Melhado's & Mr. Noel Sloley's Response to the OCG's Follow-up
Requisition Questionnaire (September 22, 2008).
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Dr. Omar
Davies' Response to the OCG's Follow-up Requisition Questionnaire (October
5, 2008).
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Media
Release - Office of the Contractor General Concludes Special Investigation
Into the Divestment of Air Jamaica's London Heathrow Slots to Virgin
Atlantic Airways Limited (March 31, 2009).
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OCG's
Letter to Parliament Providing Documentary Evidence (April 6, 2009).
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OCG's
Letter to Parliament Providing Further Documentary Evidence (April 9,
2009).
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Letter to
the OCG, from the Hon. Mr. Michael Hylton, Attorney-at-law representing
Dr. Omar Davies (April 15, 2009).
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OCG's
Response Letter to Mr. Michael Hylton, Attorney-at-law representing Dr.
Omar Davies (April 16, 2009).
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Media
Release - Statement of the Contractor-General Concerning Statements
Made In the Media by Dr. Omar Davies and Mr. O.K. Melhado About the
OCG's Report of Investigation Into the Divestment of Air Jamaica's
London, Heathrow Slots (April 20, 2009).
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