COI: ‘Evidence Of Possible Criminal Activity’

March 13, 2017

The report from the Commission of Inquiry states there was “evidence found of possible criminal activity” in seven of their inquiries; Ambling, Global Hue, TCD Testing Centre, purchase of sand & rock, Magistrates’ Court & Hamilton Police Station project, Port Royal Golf Course project and the Heritage Wharf pier.

The Commission’s report notes that “because of the inherent seriousness of making any such reference, even if it is only of ‘possible criminal activity’ without any finding or even any suggestion of guilt, the reference alone might be taken by some as an indication that in the eyes of the Commission there is at least prima facie evidence of guilt, but it should not.”

Summary Of Commission’s Inquiry Into 12 Projects

The Commission of Inquiry looked into 12 projects and a brief summary of the project and their findings is below. In five of the projects they stated there was “no evidence found of possible criminal activity,” while in seven of the projects the Commission said there was “evidence found of possible criminal activity.”

Commercial Courts / Ministry of Finance Renovations

  • “No evidence found of ‘possible criminal activity”

W&E Maintenance and Stores Building

  • “No evidence found of ‘possible criminal activity”

Purchase of Sand and Rock for Asphalt

  • “Makes a finding of ‘possible criminal activity’ and recommends that the matter be investigated by the Police.”

Renovations – Department of Human Resources

  • “No evidence found of ‘possible criminal activity”

Central Laboratory Building Project

  • “No evidence found of ‘possible criminal activity”

Global Hue – Contract for advertising & Marketing Services

  • “Evidence found of ‘possible criminal activity’; Commission supports ongoing police investigation re the involvement of the Minister / former Premier Brown.”

Ambling – Planning, works, engineering, hotel, etc. consultancy services

  • “Evidence found of ‘possible criminal activity’; Commission supports ongoing police investigation re the involvement of the Minister / former Premier Brown.”

TCD Motor Vehicle Safety and Emissions Testing Programme

  • “Evidence found of ‘possible criminal activity’; Commission supports ongoing police investigation re the involvement of the Minister / former Premier Brown”

Magistrates Court and Hamilton Police Station

  • “Evidence found of ‘possible criminal activity’ re the 2nd (but not 1st) contract; Commission supports ongoing police investigation re the involvement of the Minister.”

Port Royal Golf Course Improvements Capital Development Project

  • “Evidence found of ‘possible criminal activity’; Commission supports ongoing police investigation re the involvement of the Minister / former Premier Brown.”

Royal Naval Dockyard Cruise Ship Pier – Heritage Wharf

  • “Evidence found of ‘possible criminal activity’; Commission supports ongoing police investigation re the involvement of the Minister / former Premier Brown”

L. F. Wade Airport Development Project: Terms of Reference

  • “No evidence found of ‘possible criminal activity”

Summary of Findings: Ministers & Civil Servants

In the Commission’s “Summary of Findings – by Ministers,” they list the “Ministers principally criticized” as Derrick Burgess, Dr Ewart Brown and Dennis Lister. Items shown under Mr Burgess and Dr Brown’s names list “evidence found of ‘possible criminal activity,” while the two items under Mr Lister’s name state “no finding of ‘possible criminal activity.”

Under the “Summary of Findings by Civil Servants, ” the released summary states, “With the exception of Vic Ball, no civil servant was recommended for criminal investigation. No disciplinary action was recommended.”

Many of the listings stating “evidence found of possible criminal activity,” specifically point out that there was “no evidence found of possible criminal activity” by certain civil servants that may have worked on the project in some capacity.

Commission’s Summary of Findings

The Commission of Inquiry released their full report, which contains extensive details, spans over 170 pages and can be read in here. A 15-page “Summary of Findings” was also released, and can be read below.

Chart #1 extracted from the “Summary of Findings”:

CoI march 2017 bda

Chart #2 extracted from the “Summary of Findings”:

CoI screenshot march 2017 (1)

Chart #3 extracted from the “Summary of Findings”:

CoI screenshot march 2017 (2)

The full Summary of Findings report is below [PDF here]

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

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