Governor’s Statement On Allegations

January 30, 2012

Governor Sir Richard Gozney released a statement today [Jan.30] noting “recent reports and allegations of financial malpractice in the public sector,” and saying that signs of criminality will be investigated by the Police, but that actions which may be regarded by most Bermudians as questionable “are not matters for the Police unless those actions break the law.”

The full statement follows below:

In view of recent reports and allegations of financial malpractice in the public sector it might be useful to remind ourselves that:

Signs of criminality will be investigated by the Police, who will then put the facts to the Director of Public Prosecutions, who will decide whether to charge suspects to court.

Anyone who witnesses suspected criminality is urged to report to the Police, for example any requests for bribes, or any knowledge of backhanders.

Until and unless they have signs of criminality the Police will not investigate, and nor should they.When they have clear signs of suspected criminality they have shown, for example in response to Mr Bolden’s claims in court in 2011, and this week’s court case involving officials, that they will investigate and, if justified, give the Director of Public Prosecutions a sound case for prosecution.

Other signs of suspected abuses of position by officials are matters for the Head of the Civil Service. An action may have breached the Financial Instructions which bind civil servants.

Actions which may be regarded by most Bermudians as questionable, of questionable ethics, or even questionable morality, are not matters for the Police unless those actions break the law.

And actions by officials are matters for the Head of the Civil Service only if they break Financial Instructions or other official Guidelines.

The Premier of Bermuda has done much to tighten the law and the official Guidelines; more changes are on the way.

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Comments (57)

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  1. Chart says:

    Ahhh, unethical but not illegal. As tightly bound to the PLP as their signature green and the Premier’s silly hats.

  2. Family Man says:

    In other words, you voted for these fools, don’t expect the police to stop the rot.

  3. White Christ says:

    Who the hell told him that “most bermudians” regard anything as questionable? Did he get that from one of the presuppository polls which fool people into believing they have a choice when they answer their silly questions. We are smarter than that. Same ol tactics.

  4. PEPPER says:

    Who is in the director of public procecutions?

    • Fire the Mongrels says:

      Johny Cochrane

      • Curious George says:

        lol

        • sharky says:

          “I never had sexual relations with that woman”
          ….or ” it depends what you think the definintion of ” it ” really is
          With all due respect sir, this looks,smells and acts like a duck!

  5. Shaking the Head says:

    Unfortunately of course The Governor is correct. When these matters are looked at according to the law, it is unlikely any will see a Court due to the apparent questionable legal advice provided by the politically appointed Attorney Generals and the reluctance of the DPP to bring charges against their political masters.

    • Rockfish #2 says:

      An Attorney General appointed by Cox and is running for a seat in Parliament cannot possibly be objective in any matter that involves her colleagues. Especially when the country is in an election mode!

      Why should anyone be surprised at the part she plays in the AG matter?

  6. Voice of Reason says:

    Or, OBA stop jumping up and down, and get a grip.

  7. Cancer says:

    Whatever Governor….. You and you cushie job – you need to get off your butt and do something! What do you get paid for anyway?

  8. Verbal Kint says:

    I got three words for the Governor. Yada Yada Yada.

    • Triangle Drifter says:

      Or, in another language, blah, blah, blah,

      • dee dee says:

        or whamp, whamp, whamp. (aka Charlie Brown’s teacher)

  9. sharky says:

    Most Bermudians will see this statement as cogwash and a litany of confusing political posturing aimed to break the silence coming from that office but not really say anything dynamic or decisive.

  10. LaVerne Furbert says:

    I’m glad he used the term “allegations of financial malpractice”. All we have seen seen 1998 is “allegations of financial malpractice”.

    As His Excellency said “Until and unless they have signs of criminality the Police will not investigate”. I guess this means that neither HE, the AG or her advisors, consider the doctoring of cheques as “signs of criminality”. But then again, I guess it depends on who doctors the cheque.

    Look at the case the other day where a Colin Simmons “doctored (and not Dr. Brown) a cheque. Bank records showed that the cheque had been cashed, just as the two cheques made out to Dr. Brown and Mr. Burgess. Mr. Colin Simmons has been remanded in custody until February 28. However those responsible for Brown/Burgess cheque fraud are alive, well, and gainfully employed.

    I must not be the only person who sees something wrong with that picture.

    I think the statement by HE means there will be no Commission of Enquiry.

    • Truth (Original) says:

      The PLP used to complain about the unethical decisions that the UBP carried out under their Govt rule. Enriching themselves and their friends and cutting out black workers. Unfair bidding processes and the non-tendering of contracts. The same companies getting Govt contracts etc etc. The laws then were not explicit enough to get convictions. Things that should have been illegal back then were just unethical.

      After 12 years of a PLP Government, am I to believe that there was no time to close that legislative loop hole? Conveniently, they left it open and look at how many shady deals have slipped through it and what it has costed the tax payer. Do we assign it incompetence? The knew the loop holes were there. Do we assign it to a collapse of integrity and moral courage? I believe so.

      My biggest disappointment with this Government is that they became everything that they once stood against. They became everthing that the UBP said they would be. They have long abandoned the moral high ground and are but a shadow of what the PLP used to be.

      Supporters of this Govt may find comfort behind the veil of “but it wasn’t illegal” but the PLP used to be so much more than that. Just contemplate what they have been reduced to and as a result, what your standards have been lowered to accept.

    • Common Sense says:

      @Laverne. Can you please elaborate on those two cheques that were “doctored”? Was it a case of someone trying to deliberately mislead the public by inferring that they were issued to the Premier and a Cabinet Minister, or was it a case where someone broke the law and used their names to cash the cheques. If it was the latter then it is clearly a criminal matter and should have been investigated by the Police. However, if it was the former, and the purpose was purely to mislead the public, then it was both immoral and unethical, but as you well know, that sort of behaviour is more than acceptable to our present Government.

  11. Curious George says:

    Sounds like cogwash and a litany of political posturing to me. Time for some action!

  12. specialgirl4you says:

    The governor is correct in his statement, despite the fact that OBA/UBP did not get the kind of response they were anticipating. The Governor cannot make-up a statement just to please the OBA/UBP. His statement has to be directed by the law. If anything was criminal it was the individuals responsible for the forge checks. Yet the OBA/UBP never attempted to have this matter looked into. So OBA/UBP push to get that look into, maybe it would answer a lot of questions, in regards to who is actually behind this matter. Or maybe there is a fear as to who or what is behind such actions. The governor’s statement also validates that the Auditor General report was push towards a bias approach and the tone was uncommon, and did not include all facts. As a result she was aware of this, and decided to leave it up to the “court of public opinion.” So stop pushing to pull this government down, as it may backfire on you like you never expected. But it is not unusual for the OBA/UBP to ask that the Governor now be removed, like they want the PLP to be removed.

    Hang in there PLP; it going to be a difficult ride, this election may be even more dirty, mucky, fraudulent, and unscrupulous than the last one. The OBA/UBP is going to attempt to “win by any means necessary.”

    • Truth (Original) says:

      I feel sorry for you. You are blind and this Government is going to cost you dearly.

  13. Shaking the Head says:

    What the Governor is in effect saying is that Bermuda’s laws are so lax it is almost impossible to charge anyone in public office for taking money. Not to worry though as the Premier has tightened up to stop it happening in the future now there is nothing left. The solution is that there were laws in place, just not enforced for political reasons.

  14. Flip says:

    Wishy washy wishy washy

  15. nathan richardson says:

    WOW that was a speedy response from our Governor so I guess UBP/OBA can NOT gain power that route. I wonder what is the next plan of attack, I feel a very dirty, nasty election this year. It is very sad that we as a people have gained very little ground in the struggle to unite. While we fight over political power THE WORLD CONTINUES TO FLY PAST US. With all the other issues in BERMUDA right now cant we just get along for once. It would be nice to see the Governor take up other issues that he can lend a hand with.

    • LOL (original) says:

      If left up to the political parties here Bermuda will never unite. Just last night I listened to the radio and Miss Thing of all people was blasting “those that oppose this Government” for something that was happening in the US involving a governor and President Obama and in doing so lost any respect I had for her, I had a lot of respect for her but now I see all the good things she was doing as a means to an end and not for the deed itself. She and others here don’t seem to realize it is them that are throwing out tea party crap while evoking a response to such crap as some sort of justification for validity. Even though they are a minority of the majority here they do not realize that they have become what they fought so hard against or they do know and don’t care that they have been tainted. If unity is to be achieved it will fall on the people with thick mixed blood to reach out to the pure races along with many other factors that would need to be in play such as a great need for it to happen. Right now Bermuda is to spoiled from living high for to long. This was a card played by the elite rich (yes maybe by Whites but is still played today by rich Blacks) to keep us stagnant in the system so they can get richer. The middle class is being squeezed out and it’s the middle class all though history that made changes to the system happen not any other group. Just my opinion.

      LOL If Bermuda was not getting along better before Brown we are worse now after Brown that is for sure. Bernews please post this as lately my comments have been in moderation for extended amounts of time like two to three days if you do value free speech.

  16. Damian L. Blanc says:

    Simple, The Governor is saying bring me the proof in the pudding……Folk if you don’t have all the evidence to bring forth a prosecution, how do you expect the Governor to react?

  17. Truth (Original) says:

    The PLP used to complain about the unethical decisions that the UBP carried out under their Govt rule. Enriching themselves and their friends and cutting out black workers. Unfair bidding processes and the non-tendering of contracts. The same companies getting Govt contracts etc etc. The laws then were not explicit enough to get convictions. Things that should have been illegal back then were just unethical.

    After 12 years of a PLP Government, am I to believe that there was no time to close that legislative loop hole? Conveniently, they left it open and look at how many shady deals have slipped through it and what it has costed the tax payer. Do we assign it incompetence? The knew the loop holes were there. Do we assign it to a collapse of integrity and moral courage? I believe so.

    My biggest disappointment with this Government is that they became everything that they once stood against. They became everthing that the UBP said they would be. They have long abandoned the moral high ground and are but a shadow of what the PLP used to be.

    Supporters of this Govt may find comfort behind the veil of “but it wasn’t illegal” but the PLP used to be so much more than that. Just contemplate what they have been reduced to and as a result, what your standards have been lowered to accept.

  18. PEPPER says:

    Governor Gozney, you have let this Island down, how can you live with yourself knowing what that has gone on under your wath ?

    • Rhonda says:

      Hahahahahahahhahahhahaha the words of a desperate party, seeking power…………………..hehehehehhehhehehheheheh

      • Black Bermudian in IB says:

        You sound so ignorant and blind to the fact that acting legally isn’t an excuse for acting unethically.

  19. Gotcha says:

    More Bullcrap!

  20. Baltic Fury says:

    I don’t know why he doesn’t just come out and say it as he sees it, and stops dancing around the Government. Its not as if Britain and the British really cares if we stay part of the Empire or go it alone, so why doesn’t he just speak the truth and say what everyone knows – this Government are corrupt. At least when he does cut the crap, we’ll know he means it.

  21. What is going on? says:

    What a bunch of garble.

  22. Portia says:

    I completely disagree with the Governor’s statement. How can you say that the Police and DPP are responsible for investigating such allegations when they are being paid by the very people they are investigating? Where’s the neutrality in that? It’s like asking you to investigate your boss at work – who would risk their welfare by doing that? How can you ensure that the Police and DPP are investigating without political interference?

    What others have been calling for is a Commission of Royal Inquiry into all the allegations of corruption that have been coming out, as has been done in other jurisdictions (ie, Turks & Caicos). But the Governor has seen what Mr. Weatherall went through in T&C back in 2009 (see article link below)and I can only assume that Mr. Gozney either doesn’t want the trouble himself or lacks the fortitude to take the initiative to tackle this matter.

    Mr. Gozney, what are we paying you for?

    http://www.telegraph.co.uk/news/5553260/The-Turks-and-Caicos-Islands-Trouble-in-the-paradise-I-call-home.html

    • Or in words that we all understand ... says:

      Mr Gozney is stepping down in May. Why would he want to disturb things now?

      • LOL (original) says:

        Maybe he should write a book after he retires should be a best seller.

        LOL

        • PEPPER says:

          The title of this potential best seller should be ” How to Kiss ass”

    • specialgirl4you says:

      The Turks and Caicos, situation is far a stretch from Bermuda. There is no corruption in Bermuda, just in the dreams and eyes of the OBA/UBP. Stop crying out OBA/UBP to bring the government down, accept the facts and stop denying it.

  23. Or in words that we all understand ... says:

    When they gave me the job of Governor they promised me it would be a soft touch and I wouldn’t have to do anything. Why should I start now?

  24. Triangle Drifter says:

    As I used to tell visitors back in my tourism days, “The Governor is basically a senior British diplomat who has been put out to pasture. A very green pasture.”

    Through history Bermuda has had a mixed bag of Governors, from those as useful as you know what on a bull to industrious ones who would come down off the hill & be as comfortable on Court St as they were on Front St.

    We are past due for an example of the latter type.

  25. Rockfish #2 says:

    I understand the cheque writing suspects continue to be employed by the Government. IF this is true,why haven’t charges been laid?
    No evidence? A set up due to family connections? An election ploy similar to the case of the mailed bullet? The plot thickens!

    • specialgirl4you says:

      NO @Rockfish,,,,,trace where the path may lead, you might not like what you see in the mirror. It is a conspiracy that goes back to those who are attempting to take power over in Bermuda again. Look a little deeper, and really examine it for what it is. “Win by any means necessary is the card on the table now.”

  26. My two cents says:

    In other words, the government is above the law and do not have to be held accountable. When society starts to break down you soon realize who the rules/laws apply to. Not the rich, not the government, not the big businesses. Just the poor, middle class, the small businesses, and the occasional scapegoat.

  27. Hmmmmm says:

    Translation:

    1. Even if you are a convicted liar you need only say something against Ewart and I’ll take it from there.

    2. My Auditor General is out of control and her insinuations of criminality on the part of everyone who doesn’t work in her office aren’t exactly correct.

    3. Please, please will someone make something up that’s at least credible so I can finally avenge my embarassment over the Uighurs.

    4. Will the rabid right please calm down, you’re embarrassing me… work with a brother!

  28. Cancer says:

    New slogan for the PLP election campaign “VOTE PLP – WHAT WE DO MAYBE UNETHICAL BUT IT’S NOT ILLEGAL YET” !

    • specialgirl4you says:

      CANCER NEW SOlagn for OBA turned UBP…..OBA/UBP “Why did I not investigate the checks? OH….I am looking at the man in the Mirror”!

  29. Rhonda says:

    Seems as if anyone or organization that does not agree with the OBA’s witch hunt are unethical or immoral..or plain old just dumb…let me list them
    AG Office
    DPP Office
    Governor
    BPS
    PLP supporters, but if you vote for the OBA you are smart ethical and moral..

    I have a holiday Inn one night stay to sell. It makes you smart.

    Did I get it correct….

  30. Happnin Boy says:

    The following has been copied from the Bernuda Government website’s Attorney General’s section.
    ” November 9th, 1998 ushered in an array of “firsts” in Bermuda’s 30 years history of party politics. The Progressive Labour Party (PLP) won its first general election and with this victory dramatic changes occurred. It appointed the Island’s first political Attorney General in the person of Dame Lois Browne-Evans who was the first ever woman to hold this office, thus becoming the Island’s 41st Attorney General. She was also Bermuda’s first female lawyer having been called to the Bermuda Bar in December 1953. With the introduction of a political Attorney-General as provided for under the Constitution, criminal prosecutions were taken out of the responsibility of the now political Attorney-General. We now have a new officer known as the Director of Public Prosecutions (DPP). He/She now conducts all criminal matters. This has resulted in two separate and distinct offices. The Attorney-General however remains the superintendent of the DPP and is also Bermuda’s Minister of Justice. This is yet another, first!”

    Might this suggest that what was deemed to be illegal prior to 1998 is now able to be conveniently deemed illegal/immoral? Does the AG in acting as “superintendent of the DPP” mean the DPP may also be subject to political influence?

  31. Gvt Mechanic says:

    I’m reading this in a different way to almost everyone here. I think the veiled message from the Governor is trying to say is – if it’s not a criminal matter (and therefore dealt with by the Police) but it is against the rules (Financial Instructions, Governance Act etc) then the Head of the Civil Service is the ONLY person who can do something about it.

    Therefore are we calling on the right people to put this right? Should all enquiries around who will be held accountable be sent to Donald Scott at the Cabinet Office?

  32. Red Flag says:

    If the Governor had come out and spoke against the PLP Government and said that Premier Cox was doing a horrible job dealing with those issues in the public sector, then all of you OBA members/supporters would be singing a different tune about his statement. Only because he is honest and presented the facts and praised the work of the Premier are you degrading what he said. You can not fool everyone OBA. All you do is put down anyone who doesn’t make statements that help you make the PLP look bad. You are not in it for Bermuda and you are showing that with your “if you don’t agree with us or help us mislead people then we are against you” attitude. This is why you will remain the opposition because like a newly cleaned window, we can see right through you. You called on the Governor to speak out on the matter and he did. To bad for you he didn’t say what you wanted to hear. Great job Premier Cox, the Governor recognizes your work towards good Governance and accountability.

    OBA= Obstructing Bermudas Advancement

  33. Stop the CHAT says:

    Please stop all the responses from the Govenor, and everyone else, and start fixing the corruption, unethical behaviours, and out right theft.

  34. LaVerne Furbert says:

    I know all you OBA/UBP supporters are disappointed at the Governor’s statement. I know you were wishing and hoping that he would order a Royal Commission, but now we see that no even he can find any wrongdoing by the former Premier, in spite of his efforts. Remember he is the one that ordered the “international” investigation.

    I wonder how Charlie Swan is feeling now. He was so hoping that something would be done with Derrick Burgess and then he would have changed his allegiance from the UBP to the OBA and be announced as the candidate for Constituency 5. Maybe he’ll try for another seat now.

    • Triangle Drifter says:

      Yeah Laverne, he found plenty of unethical behavior but he did not find any illegal behavior. Thats because such unethical behavior never occured before. If it had, the PLP, as a great effective opposition, would have found out about it & fought for laws to be made to make such unethical behavior illegal.

      But there wasn’t, so they didn’t.

      Along comes the PLP, as Government this time, & almost immediately unethical behavior starts. The UBP, as an effective Opposition catches it, only to be derailed because there are no laws covering such corruption therefore no charges can be laid. A decade later there are still no laws to make this unethical behavior illegal. The PLP has no interest in making unethical behavior/corruption illegal as long as they can get away with unethical behavior. After all it seems to have been veery profitable, especially for a few.

      Hopefully laws dealing with corruption are high on the OBA ‘to do’ list, & anyone found guilty of formally unethical behavior will have new digs up at Westgate for a long long time.

  35. Cancer says:

    The governor did not come out and say anything solid one way or the other so the fact remains that the PLP had issues in the past and the Cog had to put measures in place to try and fix what that was taking place. We recently saw (let me be nice)… Unethical behaviour from a minister who was asked to resign by he Cog and we just saw it again this week! Using the peoples money to pay lawyer fees and now trying to make it look like the money wud have been paid back… And then goes on to try to blame the white man again.. What a joke… Most people knew what was gonna take place from those first words “we had to deceive you”
    That statement will always belong to one man and one party! And thats the plp We (the PLP) had to deceive you! Never forget that!