Port Royal lawsuit ‘under consideration’
A civil lawsuit involving former trustees of Port Royal Golf Course is still under judicial consideration, Progressive Labour Party backbencher Michael Scott told the House of Assembly yesterday.
Mr Scott, who said the matter should therefore not be discussed, spoke after shadow Attorney-General Trevor Moniz urged the Premier to take a firm stand on the Port Royal case, as well as the case against the Lahey Clinic in Massachusetts.
Mr Scott said: “It is under judicial consideration, simply out of the list for being heard.
“The fact that it is taken out of the list so that it is going to be not listed for hearing is just a procedural matter.”
Mr Scott added that the matter was being reviewed by the Attorney-General, Kathy Simmons, to determine if it should be relisted or “altogether withdrawn”.
Ms Simmons called a press conference in August to express concern over two “very sensitive” civil lawsuits brought by the Bermuda Government against the Lahey Clinic and former trustees of Port Royal Golf Course, including Cabinet minister Zane DeSilva.
The first matter alleged corruption and bribery against Lahey and involving former premier Ewart Brown, while the second accused Mr DeSilva and two others of “self-dealing” in relation to multimillion dollar renovations at the publicly owned golf course.
The Attorney-General’s Chambers later confirmed that the civil lawsuit against the Port Royal trustees has been taken off the Supreme Court list while it is reviewed.
Speaking during the motion to adjourn, Mr Moniz yesterday described both court cases as “concerning” and encouraged David Burt “to take a firm position on improprieties of past governments”.
But Mr Scott said that the Bermuda matter was “subjudice” and urged Mr Moniz to stop speaking about it. Mr Moniz accepted a ruling from the Speaker of the House, Dennis Lister Jr, to be guided by this, but he added that “the general members of public are probably interested to know whether it’s in a temporary limbo or it’s a more temporary state”.
He said it was time for the Premier “to make a firm and public commitment to proceeding with those matters”.
Mr Moniz added that he had sought and followed professional advice and said: “I think the people of Bermuda expect this government to follow through with it.
“My concern is Bermuda’s credibility as a jurisdiction will be swiftly eroded and even corroded if those cases are not followed with and if the statement is not that this present Government has a firm commitment.
“The air needs to be cleared and it needs to be cleared at the highest level by the person who appoints cabinet and by the AG who proceeds with the civil cases and funds the criminal ones.”
However, Mr Burt said they had seen the advice Mr Moniz was speaking about and added: “We understand our responsibility not only to the electorate but we also understand our responsibility to the future.”
He added that they will “guard jealously Bermuda’s international reputation” and do the work that is required.