Port Royal lawsuit taken off court list

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The former government’s civil lawsuit against the Port Royal trustees for breaching fiduciary duties has been taken off the Supreme Court list while it is reviewed by the Attorney-General.

Kathy Lynn Simmons called a press conference last month to express concern over two “very sensitive” civil lawsuits launched by her predecessor, Trevor Moniz.

Ms Simmons said that the cases against the Lahey Clinic in Massachusetts and former trustees of Port Royal Golf Course, including Zane DeSilva, now the Minister of Social Development and Sport, cost taxpayers more than $2 million and had been handled in an “unprecedented and concerning” way.

The Attorney-General’s Chambers has now confirmed to The Royal Gazette that the Port Royal trustees case had been “delisted”.

It said in a statement: “The civil case brought by the Government against the Port Royal Trustees has been delisted from the Supreme Court schedule to allow the Attorney-General time to complete her review of this matter.”

Mr Moniz announced in March that Mr DeSilva and other former trustees of the Port Royal Golf Course were being sued by the government over the taxpayer-funded refurbishment project that came in $10.9 million over budget.

The then Attorney-General alleged that the trustees had breached their fiduciary duties and taken part in “self-dealing” during the construction project at the publicly owned Southampton facility, which hosted the PGA Grand Slam of Golf between 2009 and 2014.

A writ of summons obtained by this newspaper at the beginning of March and signed by Ian Kawaley, the Chief Justice, launched civil proceedings against Mr DeSilva, Wendall Brown, Delano Bulford, Island Construction Services Limited and SAL Ltd in connection with the refurbishment of Port Royal Golf Course between 2007 and 2009.

At the time Mr DeSilva said he would fight the lawsuit “to the end”.

The proceedings followed a raft of damning findings by former Auditor-General Heather Jacobs Matthews in an October 2014 special report on the Port Royal Golf Course Improvements Capital Development Project.

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Published Sep 1, 2017 at 8:00 am (Updated Sep 1, 2017 at 7:33 am)

Port Royal lawsuit taken off court list

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