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PLP urged to pursue lawsuits

Former Attorney-General Trevor Moniz (File photograph by Akil Simmons)

The Bermuda Government stands to gain millions of dollars through the Lahey Clinic and Port Royal Golf Course lawsuits, according to Trevor Moniz, who urged the Progressive Labour Party to continue proceedings.

In a statement yesterday, the former Attorney-General said he had moved forward with the cases on the basis of “compelling evidence and highly skilled attorneys”.

“The Bermuda Government was the clear victim of past crimes and abuses, and it stands to gain millions of dollars in damages,” he said.

“No sensible government committed to combating corruption would drop these lawsuits and other investigations. Given the new Premier’s stated desire for collaboration, I remain open to assisting the new government and Attorney-General on this and various other files.”

Mr Moniz filed the lawsuits in his role as Attorney-General under the One Bermuda Alliance earlier this year, with the Progressive Labour Party responding at the time that the actions were “reminiscent of dictators who used political power and influence to victimise their enemies”.

Yesterday, The Royal Gazette reported that the PLP is likely to drop both lawsuits, and taxpayers would be likely to pick up a tab of at least $200,000 for the Lahey action alone. In his statement yesterday afternoon, Mr Moniz said that Bermuda had committed itself to the “highest global standards” in the fight against corruption, noting criminal procedure reforms and the Bribery Act, which will come into force on September 1.

“The former OBA government also started the process of signing up to the United Nations Convention Against Corruption and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions,” he continued.

“However, combating political corruption is not just a question of putting in place new structures and processes; we actually need to deal with political corruption in a firm and determined manner.

“As a jurisdiction, Bermuda is due to be assessed by the Caribbean Financial Action Task Force on its adherence to global standards. Dropping corruption lawsuits in the face of compelling evidence would jeopardise Bermuda’s assessment thereby giving it a black eye in the international community.

“Therefore, I urge the Government to take advice from their lawyers at Cooley and to continue with the anti-corruption programme commenced during my tenure as AG.”

The Lahey lawsuit, for unspecified damages, alleged that the teaching hospital had conspired with Ewart Brown, the former PLP premier, on a “corrupt” scheme carried out “at the expense of the Bermudian Government and people”.

The unproven accusations included that Dr Brown used his position as a minister to promote Lahey’s interests in Bermuda and the hospital paid him “bribes disguised as consulting fees” to do so. It was claimed that Dr Brown’s clinics in Paget and Smith’s conducted “excessive, medically unnecessary and frankly dangerous scans” in order to increase payments received from health insurers, with Lahey overseeing the alleged overtesting but staying “silent” to keep its consulting relationship with Dr Brown intact.

Lahey pledged to “vigorously defend” the proceedings and Dr Brown said the lawsuit contained “countless lies and ridiculous allegations”.

David Burt, the Premier, supported a bid by Lahey this year to have the case dismissed, as did three other ministers in his new Cabinet: Zane DeSilva, Walter Roban and Kim Wilson.

Mr Burt, while Opposition leader, also spoke out against the legal action in the House of Assembly, questioning how the information in the civil complaint was obtained by the Attorney-General’s Chambers and suggesting it could affect Bermuda’s relationship with the US.

His public opposition to the case suggests it will be quickly discontinued under the new PLP government.

The Port Royal Golf Course lawsuit was filed locally over a $10.9 million overspend on renovations at the golf course, under the last PLP government.

The proceedings were brought against Mr DeSilva, along with his company Island Construction, fellow Port Royal trustees Wendall Brown and Delano Bulford, and SAL Ltd, in March this year, when he was a back bench Opposition MP.

Mr DeSilva is now Minister of Social Development and Sport. He and his fellow defendants were accused of “self-dealing” in the lawsuit, which he pledged to fight “to the end”.

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