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St. Ann Municipal Corporation Office of the Contractor General November 2017
The OCG accepts the testimony of Mrs. Joan McDonald that Mr. Richard Lake instructed her not
to reveal to the Contractor General that she took monies in respect of the contract which was
awarded in the amount of $414,900.00 to the Office of the Member of Parliament, South East, St.
Ann. Mr. Richard Lake persuaded Mrs. Joan McDonald to make a false statement and to mislead
the Contractor General by making the false statement. In this regard, Mr. Richard Lake, therefore,
sought to divert attention from the Office of the Member of Parliament, South East, St. Ann.
Based on the legal definition and legislative provisions concerning obstruction, (i) a person who
hinders or obstructs the Contractor General in the conduct of his Investigations is guilty of an
offence and will be liable on summary conviction, (ii) this obstruction is a misdemeanour, and (iii)
a person who aids, abets, counsels or procures the commission of a misdemeanour whether by
common law or statute is guilty of an offence and will be liable to be indicted, tried and punished
as the principal offender. Mr. Lake, having given certain instructions to Mrs. McDonald in the
above regard, would have interfered with the conduct of the OCG’s Investigation. The question of
law which must be contemplated is whether such interference gives rise to an obstruction.
Further, based upon the common law principles outlined in the case of
R v Toney; R v Ali
(Tanveer)
referenced case, consideration must be given as whether Mr. Lake by his actions may
be deemed liable under the common law principles for perverting the course of justice.
The OCG is cognizant of the fact that Mr. Lake has denied the accusations made by Mrs.
McDonald; however, this is a matter to be determined by a court of law.
32. The OCG has seen no evidence to indicate that works relating to the paving of the school yard had
been undertaken at the Prickly Pole Primary and Infant School.
33. The OCG concludes that the process utilized in the selection and/or recommendations of persons
for the award of contract to the following contractors by the NSWMA lacked transparency and
was not based upon a process which was fair, impartial, on merit or on the basis of a competitive
process: