Bermuda Emissions Control Limited was awarded the multimillion-dollar contract to build and operate TCD testing centres on the “personal choice” of Ewart Brown, according to the Commission of Inquiry.

The panel found that assurances in 2001 and 2003 as well as contracts from 2005 to 2009 were provided to BECL without the appropriate tender process, while the delegation of the project from Works and Engineering to Dr Brown’s Tourism and Transport Ministry was “unclear and inappropriately documented”.

Under the project, which cost more than $15 million and came in $9 million over budget, Correia Construction was hired to build the TCD centres.

The Commission noted in its report that BECL’s marketing director, Donal Smith, was Dr Brown’s cousin, that BECL was associated with Correia Construction and that from February 2003 Dennis Correia was a director and shareholder in both companies.

Commissioners also found that Marc Telemaque, the Permanent Secretary for tourism and transport had “failed in his oversight of the Department of Transport, and failed to notify the Accountant-General of breaches of Financial Instructions”.

The panel backed the ongoing police investigation into Dr Brown, but found no evidence of “possible criminal activity” against any civil servants. Dr Brown did not appear before the Commission, while efforts to obtain evidence of BECL’s finances were unsuccessful.

Mr Telemaque told the Commission he was not the Permanent Secretary when the original August 2001 decision to waive the tendering process was made. He said that the requirement for tendering in 2006 was incongruent with the 2003 Cabinet decision to award the contract to BECL.

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