The Criminal Code of Saint Lucia 2004 in section 212, Sub section - TopicsExpress



          

The Criminal Code of Saint Lucia 2004 in section 212, Sub section 2 (b) states thus: Obtaining pecuniary advantage by Deception 212.— (1) A person who by any deception obtains for himself or herself or another person any pecuniary advantage is liable on conviction on indictment to imprisonment for five years. (2) The cases in which a pecuniary advantage within the meaning of this section is to be regarded as obtained for a person are cases where — (b) he or she is given the opportunity to earn remuneration or greater remuneration in an office or employment... In the Saint Lucia Fire Service, in 2010, the Chief Fire Officer (CFO) in making recommendations for promotions to the position of Fire Investigator, deceived his employer by deliberately exaggerating the qualifications of two individuals, who were later promoted and appointed to ranks above that which they previously served in. The Commission of Inquiry conducted into the Saint Lucia Fire Service and the conduct of Senior Fire Personnel confirms the CFO’s deliberate actions by saying thus about the memo in which the CFO wrote his recommendations: “The CFO represented in the memo that (omitted name) had obtained ‘a diploma’ in Fire Investigation. That was false, it was (omitted name) who had obtained a diploma, as the CFO well knew.” The CFO in his defence said that it was an error and a mis-statement. The Commissioner Dr. Francis Alexis (QC), in his report said this about the CFO’s defence: “It is difficult to see how the mis-statement could have been other than deliberate. If it was not deliberate it was woeful mismanagement.” I therefore ask the question: When the Chief Fire Officer lied about these two individuals qualifications to deliberately deprive the rightful person of a promotion and getting these two individuals promoted with his lies, isn’t that a case of assisting persons to greater remuneration through deception? Your comments…
Posted on: Mon, 05 May 2014 18:57:40 +0000

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