Log In

Reset Password
BERMUDA | RSS PODCAST

Financial hearings to be held in public

First Prev 1 2 3 4 Next Last
Commissioners appointed: from left, Sir Anthony Evans, John Barritt and, right, Kumi Bradshaw with Michael Dunkley. (Photograph supplied)

Commissioners investigating how taxpayers’ money was handled under the former Progressive Labour Party administration will hold proceedings in public as a “starting point”.

The appointment of commissioners was welcomed last night by the PLP, which reiterated its call for good governance legislation to be enacted.

As the Commission of Inquiry’s four-strong team was announced by Michael Dunkley, the Premier, yesterday, its chairman Sir Anthony Evans said he believed evidence should be heard in public.

But the Bermuda Court of Appeal judge and former Chief Justice of the Dubai International Financial Centre Courts acknowledged there could be occasions when proceedings would be held in camera.

“Having read the Auditor-General’s report, which is the starting point for our inquiry, it will be essential to do a lot of preliminary work so we can identify the issues clearly,” Sir Anthony said.

“Then there will be public hearings, I imagine, of at least some of the evidence. The position on that, the Act and the terms of reference, will say that the inquiry will take place in public unless a special order is made for particular parts of it to be in private.

“Speaking for myself, the starting point is the proceedings should be in public, but of course one would have to consider very carefully any case where an application is made for the hearing to be held in private and whether there are reasons which make it proper to do that.”

Sir Anthony will be joined on the commission by former One Bermuda Alliance MP and lawyer John Barritt, businessman Kumi Bradshaw and businesswoman Fiona Luck.

Mr Bradshaw, a certified business appraiser and business valuator accredited for litigation, is also the president of Firm Advisory Ltd, which provides clients with advice on making better business value decisions.

Ms Luck served as executive vice-president and chief of staff at XL Group and is also a member of the Institute of Chartered Accountants of Scotland.

Mr Barritt told media yesterday he was satisfied that the terms of the legislation and the terms of reference would give the commission the power to regulate its own procedures.

He added: “Some of them [procedures] will be in public, I can’t say all because there may be some occasions where people have requested or it may be necessary to have them in private. But the starting point is public.”

The commission will investigate concerns raised by the Auditor-General over the handling of taxpayers’ money for the financial years ending March 31 in 2010, 2011 and 2012.

It will begin its work on April 1 and the Premier told a press conference that he had “great confidence” in its ability to fulfil its mandate.

“This is a high-calibre commission with extensive legal, financial and governance experience,” Mr Dunkley said.

“The commission will identify breaches of financial instructions and how they arose. It will consider the adequacy of safeguards and the system of accountability. It will make recommendations to prevent recurrences and to mitigate financial, operational and reputational risks. It can refer any evidence of possible criminal activity, which the commission may identify, to the Director of Public Prosecutions or the police.

“And it can draw to the attention of the Minister of Finance and the Attorney-General any scope, which the commission may identify, to secure recompense under the Public Treasury Act, including financial instructions, and civil asset recovery.”

The commission has been formed under the authority of the recently amended Commission of Inquiry Act 1935.

Mr Dunkley maintained he had reached out to both the Opposition and the Bermuda Public Services Union before appointing the commission’s membership.

He added: “The next steps for the commission will be to assemble its own counsel, which will be appointed by the chairman. The commission will have the power to summon witnesses, examine them under oath and call for the production of documents.”

Last night the Opposition expressed “sincerest hope” that the commissioners would get sufficient time and resources for an “in-depth and thorough inquiry”.

“Bermudians need to know that our civil servants, elected officials or government ministers have not acted either unethically or illegally, but also that no one is above the law,” the statement added.

“We repeat our call for the passage of Good Governance legislation which would broaden the definition of corruption, and institute tougher penalties for those found engaged in corruption. We pledge our full support and co-operation with this process.”

John Barritt, one of the new members of the Commission of Inquiry. (Photograph supplied)
Sir Anthony Evans, one of the new members of the Commission of Inquiry. (Photograph supplied)
Commissioners appointed: from left, Sir Anthony Evans, John Barritt and, right, Kumi Bradshaw with Michael Dunkley. (Photograph supplied)