Commission Of Inquiry To Hold Public Hearing

The members of the Commission of Inquiry completed their first week of meetings and established a timetable leading up to a public hearing to be held on June 27th, the Commission said this evening.

The statement said, “Members of the Commission of Inquiry established by Premier the Honourable Michael Dunkley under the Commission of Inquiry Act 1935 have completed their first week of preparatory meetings during which they established a timetable leading up to a public hearing to be held on June 27, 2016.

“The Commission of Inquiry has been charged with investigating the findings of the Auditor General’s report on the Consolidated Fund for the 2010, 2011, and 2012 Financial Years.

“The Commission is chaired by international jurist and former Bermuda Court of Appeal judge Sir Anthony Evans. Its members are lawyer and former MP John Barritt, businesswoman Fiona Luck and businessman Kumi Bradshaw.

“During the Commission’s first series of meetings, its members:

• Established offices at the Swan Building at 26 Victoria Street, HM10, which will be open from 9:00am to 5:00pm from Monday to Friday;
• Established a phone line where confidential messages can be left on a voice recorder [294-0414];
• Confirmed the appointment of Conyers Dill & Pearman as counsel to the Commission; and
• Began their examination of items defined by their Terms of Reference and a timetable for their work.

“The Commission is operating under the following Terms of Reference:

• Identify breaches of Financial Instructions and how they arose;
• Consider the adequacy of safeguards and the system of accountability;
• Make recommendations to prevent recurrences and to mitigate financial, operational and reputational risks;
• Refer any evidence of possible criminal activity, which the Commission may identify, to the Director of Public Prosecutions or the Police; and
• 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.

Sir Anthony said that Commission members are fully committed to conducting their deliberations in a fair, objective and independent manner.

“We are acutely aware of the importance of our inquiry and the many economic and social challenges Bermuda continues to face,” said Sir Anthony.

“Under any circumstances, fairness, objectivity and independence would be critical components of our deliberations. The current environment only serves to heighten the need for vigilance in this regard.

“We are also committed to maintaining as transparent a process as possible, under the circumstances. Some of what we do may be in confidence but we will also be holding public hearings.

“We want the process to be clear and, in that regard, we will issue regular updates. We also intend to launch a simple website later this month with the information that should help keep the public abreast of our progress.”

Sir Anthony said that Commission members have identified a number of key dates that will guide their process.

“The Commission intends to commence hearing evidence at a public hearing in Hamilton on Monday, June 27, 2016. Our intention is to conduct a thorough and detailed examination into matters referred to in Section 3 of the Auditor General’s report or relevant to them.

“It is important to note that our investigation may result in members considering matters that relate to events occurring before or after the specific dates in Section 3 of the Auditor General’s report.

“We will notify those who will be requested or required to give evidence at the hearing on or before Friday, May 5, 2016.

“In addition, any person who would like to give oral or written evidence related to matters listed in Section 3 is asked to notify the Commission as soon as possible and, if possible, no later than Friday, May 20.

“This notification may be made in writing, addressed to me as Chairman, or by telephone or email. All of these communications will be treated in confidence.”

Sir Anthony explained that if any witness or potential witness is reluctant to give evidence at the public hearing, the Commission has the power to receive evidence in private or with suitable safeguards.

“We will consider what order, if any, to make in the circumstances of each particular case,” he said.

The Commission Chairman said that anyone whose conduct is the subject of inquiry under the Act, or who is in anyway implicated or concerned in the matter under inquiry, will be entitled to be represented by counsel at the whole inquiry, and any other person who may consider it desirable that he or she should be so represented may do so with the approval of the Commission.

“If any person is entitled to be represented, or seeks leave to be represented at the public hearing, the Commission invites them to apply in writing to me at our Commission Offices by Friday, June 3, 2016,” he added.

Sir Anthony added that if, as Chairman, he directs that an application should be made orally before the hearings, a preliminary hearing will be held, if convenient, during the week of Monday, June 13, 2016.

The Commission’s Terms of Reference follows below [PDF here]:

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