The Commission of Inquiry was asked yesterday to consider whether certain arrangements regarding the multimillion dollar Dame Lois Browne-Evans project pointed to “potential infringements or criminal activity”.

Narinder Hargun, counsel to the commission, told the four-person panel that Derrick Burgess, when Minister of Public Works, knew that “friends and family” of his and Ewart Brown had acquired interests in the company. Mr Burgess told the commission last month that he did not know who the principals of the company were. Mr Hargun said the evidence showed that the answers he gave under oath on the subject could not have been honest.

The lawyer said there could be innocent explanations for why the Cabinet appeared not to have been told about the connections but added: “The commission may feel there is evidence which points to potential infringements or criminal activity.”

He went on to say that if the involvement in the company of Vincent Hollinsid, former Premier Dr Brown’s half-brother, had affected the contract negotiations it would be a criminal matter, although he noted: “There’s no direct evidence to suggest that.”

Mr Hargun’s remarks came eight weeks after Mr Burgess told the tribunal he did not know Winters Burgess, whom he has described as a close friend and relative, and Mr Hollinsid, had an interest in LLC, formerly called Landmark Lisgar.

Yesterday morning, Mr Hargun revealed that recently disclosed documents showed lawyer Julian Hall was present at a meeting with HSBC representatives on behalf of Mr Burgess, along with Winters Burgess and Mr Hollinsid, when the arrangement was finalised.

Mr Hargun said Mr Burgess should have told Cabinet in November 2008 that Winters Burgess and Mr Hollinsid had taken on an equitable interest in LLC.

He told the commission: “It is highly unlikely that the minister [Derrick Burgess] did not know Winters Burgess and Vincent Hollinsid were the beneficiaries of an equitable ownership of the company in November 2008.

“It’s important to emphasise that Julian Hall did not attend the bank in a personal capacity but on behalf of his client, the Minister of Public Works, Derrick Burgess. If this is right, and we suggest it is clearly right, that Derrick Burgess had that knowledge that Winters Burgess and Vincent Hollinsid had acquired interests in the company in November 2008, he should have told the Cabinet, either when he made the presentation on November 4 or if he found out afterwards, he should have disclosed it.”

Mr Hargun added: “Mr Burgess never advised the Cabinet of this, and these men were not complete strangers; they were friends and family of the minister and the Premier.

“In these circumstances, we say that the evidence that Mr Burgess gave when he was here last time has to be looked at very carefully in light of these documents. The evidence he gave on October 6 is not consistent with these documents.

“One can see why Mr Burgess was reluctant to acknowledge that he had this knowledge.”

Yesterday morning, Mr Hargun confirmed that Mr Burgess had been sent the bank records by his lawyer and had until Wednesday to respond.

Mr Hargun, who said his comments were subject to what Mr Burgess had to say in response, maintained it was “clearly beyond any reasonable doubt” that Mr Hall knew about Winters Burgess and Mr Hollinsid.

He added that Mr Hall was “duty-bound” to tell the minister and it was “inconceivable” that he would not have done so. He said Mr Burgess knew because his consultant knew.

When Mr Burgess gave evidence before the commission last month he branded the tribunal a “lynch mob”, while making personal racial accusations against Mr Hargun for asking him questions about the project.

“I didn’t know who was behind their business [LLC],” Mr Burgess said. Asked if he knew that Winters Burgess and Mr Hollinsid were seeking an equity interest in the company, he answered: “How would I know that? I’m asking, how would I know that? No, I did not know.”

Mr Hargun asked: “When did you find out that they had an equity interest in this company?”

Mr Burgess replied: “I didn’t find out.”

Mr Hargun continued: “You didn’t find out?”

Mr Burgess said: “No.”

• In the interest of treating the Commission of Inquiry much like continuing court proceedings, The Royal Gazette has taken the decision to disable comments. This is done for the protection legally of both the newspaper and our readers