Whistleblower Is Whipped Out Of Jail.

Yesterday, a businessman from Britain was released from jail

, despite co-operating with the Serious Fraud Office (SFO).

Mr. Robert John Dougall was jailed for 12 months as a result of his role in a 5 million conspiracy that involved the bribing of health officials from Greece. The Court of Appeal however reviewed his case and agreed that Mr. Dougall deserved to have his sentence suspended because of his co-operation.

Mr. Dougall was a former vice-president of De Puy International, which is a health equipment manufacturer for Johnson & Johnson. But last month he was jailed. This was a result of Mr. Dougall pleading guilty to one count of conspiracy to corrupt. Despite pleas from the SFO, the judge gave Dougall an immediate custodial sentence. The SFO pleaded that he should be spared from jail time as he co-operated extensively with them.

The Court of Appeals acknowledgement that Dougall deserved leniency in return for co-operation is important for the SFO, which relies on co-operators to bring prosecutions.

The three judges that sat the case, agreed that the arguments of the SFO were powerful but insisted on their independence and discretion in assessing each case on its own merits. There was no automatic right to a suspended sentence in the opinion of the judges.

The three judges also informed the SFO that punishment was a matter for the courts and the regulator had no right to suggest that it could influence jail terms. The judges criticized Richard Alderman, SFO director, for creating the inevitable impression that his request for Dougall to be spared jail was likely to be granted by the original sentencing judge.

The SFO welcomed the decision, saying that the judicial guidance on how co-operators would be treated would help with future prosecutions.

Dougall was the first British businessman to be prosecuted by the SFO for paying bribes to foreign officials. He was involved in a conspiracy to funnel 5 million to Greek health officials to secure contracts worth 20 million to supply orthopaedic products.

Dougall did not receive any financial benefit from the sales generated and was extremely uncomfortable and unhappy about it, his lawyer said.

by: Antonia Torr

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