Commission Of Inquiry: Dr Ewart Brown Affidavit

December 1, 2016

“Even though I maintain that I am completely innocent of any wrong-doing I feel compelled to claim my privilege against self-incrimination” and “ask that the subpoena be set aside as it would be unreasonable to compel me to attend before the Commission to give evidence,” former Premier Dr Ewart Brown said in his affidavit to the Commission of Inquiry.

The affidavit said, “I have been advised by my attorney, Jerome Lynch QC of Trott & Duncan, and in the light of the admitted ongoing investigation by the Bermuda Police Service, the scope of which is unknown to me, into my affairs both during my time as a Minister in the PLP Government and as Premier of Bermuda that any testimony I may give may, either in part or cumulatively, may be used to incriminate me in any current or future criminal proceedings in Bermuda.

“The questions that the COI seek answers to are numerous and detailed covering seven separate topics as follows: delegation of accounting responsibility to the Ministry of Tourism and Transport; Bermuda Emissions Control contract between 2001 and 2006; The Heritage Wharf 2007/8; Port Royal Golf Course 2007/8; Global Hue; Ambling 2008; and the Dame Lois Brown-Evans project under LLC.

“I believe that some of these [although I know not which] are the very matters in which the police are interested and which forms the cornerstone of their five-year investigation.

“Only they know what material they have: they have not provided that information to the COI or to me. They have refused to bring their investigation to an end. It is my view that they have predicated their investigation on dubious evidence and I do not believe that the BPS will conduct themselves fairly.

“Even though I maintain that I am completely innocent of any wrong-doing I feel compelled to claim my privilege against self-incrimination. For this reason, I ask that the subpoena be set aside as it would be unreasonable to compel me to attend before the Commission to give evidence.”

Dr Brown’s affidavit, as posted on the Commission’s website, follows below [PDF here]:

Dr Brown’s application as posted on the Commission’s website,  follows below [PDF here]

click here Bermuda Commission of Inquiry into the Auditor's Report

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