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Cox in the dark over secret trust

High site Workers frame up the elevator shaft of the Magistrates' Court and Police Station building site on the corner of Court and Church Street on Tuesday.

Finance Minister Paula Cox last night admitted her Ministry has no idea who the beneficiaries of the secret trust are in the company managing the delayed Police/court building.

And she revealed that $15.1 million has already been spent on the project, now four months behind schedule.

To date Works and Engineering Minister Derrick Burgess has refused to explain why the $78 million project is being handled by a company with 39 percent of its shares hidden in a trust – LLC Bermuda Ltd.

Ms Cox told The Royal Gazette: "The Ministry of Finance has no information on the beneficiaries of this trust or any other trust. The very nature of a trust allows it to operate as a legal entity without the necessity to reveal beneficial interests."

And she added that partnerships, trusts and companies are legal vehicles routinely used in business transactions. But she did not answer whether it was normal for Government to deal with blind trusts.

She said a detailed discussion and analysis about the structure of the Police/court transaction should be directed to the Ministry of Works and Engineering. So far it has remained silent.

Ms Cox said she had no involvement in the day-to-day management and oversight of capital projects.

"That would be outside my Ministerial remit, notwithstanding the doctrine of Cabinet collective responsibility."

Ms Cox was also asked why Government was dealing with Winters Burgess, who is vice president of LLC Bermuda Ltd, but was also site manager for Pro-Active – a company that still owes Government $15 million after being sacked from the Berkeley job, which came in $55 million over budget.

The Finance Minister repeated that questions regarding the selection process for the award of the contract should be referred to the Ministry of Works and Engineering.

But Ms Cox added: "They can provide information as to the tendering process and the criteria for eligibility and the qualifications of the contractors and any related service providers.

"However it is not the normal policy for the Government to 'blackball' businesses or individuals.

"Even for those who may owe the Government monies in respect of outstanding taxes, there is nothing to preclude such individuals from bidding on a contract and subsequently being awarded a contract.

"It is standard procedure to require that delinquent persons enter into an arrangement so that deductions are made to reduce any outstanding amounts owing to the Government from the monies that are paid under the Government contract."

However she did not respond to a question about whether Pro-Active had repaid any of the $15 million.

The Minister said the total authorised funding for the Police/court contract is $78 million, and the office of the Accountant General had indicated that $15.1 million has been spent to date.

Last night, Shadow Works and Engineering Minister Patricia Gordon-Pamplin said: "I cannot believe that the Finance Minister is agreeing to sign a cheque of any description to someone who the public don't know who they are.

"It can't be right, it's the public's money. There has got to be a certain level of disclosure to the public about where their money is going, to whom it is being paid and for what purpose.

"You cannot hide behind a nameless, faceless trust."