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Burgess did not gain approval for projects

Derrick Burgess during the Commision of Inquiry (Photograph by Akil Simmons)

Derrick Burgess came out all guns blazing when he appeared before the Commission of Inquiry, branding the panel a “lynch mob” and accusing the tribunal of trying to “re-enact slavery” in the manner he was questioned.

But in yesterday’s report it was the former Minister of Works and Engineering who came under fire for not seeking Cabinet approval on capital projects and failing to disclose familial ties with principals of firms selected for those projects.

The Commission raised concerns over Mr Burgess’s handling of the contract to renovate the commercial courts and the ministry of finance when he awarded the contract without consulting technical officers and Cabinet approval. The four-strong panel highlighted what it described as “ministerial interference” by the Progressive Labour Party MP in the drafting of the contract award recommendation to Cabinet for the Central Labs Southside.

Mr Burgess’s handling of the Dame Lois Browne-Evans project when he was Minister of Works and Engineering also came under the spotlight in the report.

His failure to submit the second $70 million contract with LLC for Cabinet approval was highlighted as was his failure to disclose his familial relationship to Winters Burgess, one of LLC’s principals.

The Commission’s report states: “When he gave evidence before the Commission, Mr Burgess was repeatedly asked questions about his personal knowledge of the contract details and principals in response to which he was either evasive or refused to respond.

“He was finally asked by the chairman to answer the question, if two gentlemen have a 42 per cent interest in a bidding party do you as a former minister agree that this information ought to be brought before Cabinet? He again declined to respond.”

The Commission noted there was written evidence that a consultant representing Mr Burgess was present at relevant meetings with the bank with Winters Burgess as well as Vincent Hollinsid, the half-brother of former premier Ewart Brown.

It continued: “The minister therefore authorised the new contract when, as we find, he knew that a friend or acquaintance of his and a half-brother of the premier had been introduced as principals and that they would receive substantial financial benefits from successful completion of the project, without obtaining Cabinet approval or otherwise reporting their involvement.

“We also take account of the manner in which he reacted when he was questioned about this matter. He evaded questions and refused to answer them. He was offensive to counsel and to members of the Commission. He made it clear that he was unwilling to give frank and truthful answers on this topic. His reaction and demeanour was significantly different from when he was asked about other matters.”

The Commission has referred its findings about the Dame Lois Browne-Evans project to the police after finding what it called “evidence of possible criminality”.

Mr Burgess was also criticised over the Port Royal Golf Course renovation project and the Heritage Wharf project, both of which were delegated from his ministry to Ewart Brown’s tourism and transport ministry. The Commission pointed to “unclear, unsatisfactory and inappropriately documented” delegation of responsibility in both cases, where they also found evidence of possible criminal activity.

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