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OBA: Premier must go after lost money

Premier & Minister of Finance Paula Cox

Premier Paula Cox should take action to recover public money lost as a result of the Faith Based Tourism project, the Opposition One Bermuda Alliance party demanded yesterday.“The Premier talks about implementing reforms to strengthen accountability, but this is tantamount to closing the stable door after the horse has bolted,” the party said in a statement attributed to Shawn Crockwell, shadow Minister for Public Administration and Reform and the Shadow Attorney General Trevor Moniz.“The Premier today can lasso that horse by addressing the transgressions revealed in the Curtis trial.“She has an opportunity to demonstrate that rules already in place will be upheld; otherwise we must ask: why should anyone have confidence in the new rules you make if you don’t uphold the rules on the books today?“Action can still be taken to close out this matter in a way that serves the principle of accountability. Action can still be taken to recover lost funds. What is the Premier going to do? What is her plan of action?”The statement was issued following the conclusion of the trial of Andre Curtis who was cleared of charges of stealing nearly $130,000 of public funds and false accounting in relation to the Faith Based Tourism project.The OBA statement noted that the FBT contract was not put out to tender, that Mr Curtis was given $25,000 of public funds before Cabinet approval of the contract, and that effective controls were not put in place to manage how the money was spent.And it recalled court evidence that “a senior civil servant was ordered by another civil servant to mock up a contract ‘to make this happen yesterday’. “While Mr Curtis’s behaviour was reprehensible spending tens of thousands of dollars of public money on personal matters rather than getting faith based tourists to the island we are more concerned with what the trial revealed about the conduct of the Government at the highest levels,” the statement continued.“All the way down the line in this case, its ministers and officials bowed to the will of crony-driven politics. Their behaviour stands as a classic example of people disregarding rules and trust to put friends first and Bermuda second.”Asked for specifics on what action the Premier could take, Mr Moniz said that she could initiate disciplinary procedures against the civil servants involved and institute a civil claim against Mr Curtis.“It’s pretty clear that senior civil servants were in breach of General Orders or Financial instructions. They provide for disciplinary procedures and penalties,” Mr. Moniz said. “On the other hand there should clearly be a civil claim against Mr Curtis for monies having been received. We gave you money to do faith based tourism you didn’t do Faith Based Tourism and we want the money back. As a lawyer I would say we could be looking at fraud.”Asked for a response from the Premier, Dwayne Caines, acting director of the Department of Communication and Information referred The Royal Gazette to a statement by the Premier’s spokesman earlier this week. The statement noted that any comment from the Premier “would not be prudent” as it was unclear whether the Director of Public Prosecutions would be bringing further charges.It added that Financial Instructions require that Governnment purchases over $5,000 had to be subject to competition, and that those over $50,000 must be subject to a full tendering process. The statement also made reference to the Good Governance Act, 2011 and progress being made on implementing a Code of Practice for Procurement.Meanwhile, the Auditor General Heather Jacobs Matthews issued a statement saying that the Finance Ministry should take disciplinary measures when civil servants disregard Financial Instructions.“I cannot speak to the Andre Curtis’ trial, which concluded with not guilty verdicts on all counts. I can however speak of the negligent and irresponsible manner in which senior civil servants continue to disregard Financial Instructions which requires them to safeguard the public purse,” said Ms Jacobs Matthews.“Their actions in this instance and what transpired as a result are totally unacceptable.“Unfortunately, and until the Ministry of Finance takes the necessary steps to exact penalties for non-compliance, as provided for under Financial Instructions, these instances will continue.”