According to Paula Llewellyn, "There is no material revealed in the contractor general's report to support any consideration of any offence under the Corruption Prevention Act by any person in relation to this matter."
She further recommended that the police commissioner determine whether action should be taken for a possible breach of the Contractor General's Act by the former Finance Minister Dr Omar Davies.
According to Llewellyn, "Given the nature of requisitions made by Dr Davies to the Contractor General's Office when compared with the three letters signed by him all dated April 23, 2007, the public interest would mandate that the matter be referred to the commissioner of police for further investigation in relation only to a possible breach of Section 29(a) of the Contractor General Act by Dr Davies."
Section 29 (a) of the act states that every person who:
(a) Willfully makes any false statement to mislead or misleads or attempts to mislead a contractor general … shall be guilty of an offence and shall be liable on summary conviction before a resident magistrate of a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.
In his report, the contractor general, Greg Christie, stated that the process of evaluation, selection and approval of the Virgin Atlantic proposal lacked transparency, fairness and impartiality.
He concluded that the Virgin Atlantic proposal was not based on merit and was improper and irregular, and consequently, unlawful.
The Heathrow slots were sold to Virgin Atlantic for £5.1 million or US$10.2 million.
Dr Davies took issue with the findings of the report, rejecting claims made by the contractor general.
At the time of the sale arrangements with Virgin, Dr Davies was the finance minister.
He cited two letters from the contractor general alleging that as finance minister, he illegally and improperly intervened in the sale of the slots.
The contractor general also alleged that the sale was unfair because Virgin Atlantic was placed in an advantageous position over British Airways, which was the second bidder.
But Dr Davies said he was satisfied that his role as finance minister was entirely lawful at the end of the slot divestment process in 2007.