Why weren?t they questioned?

That?s what Opposition leader Grant Gibbons wanted to know yesterday.

If both the Police and the Auditor General found through their investigation into the Bermuda Housing Corporation scandal that ?transactions occurred between the BHC and members of the House of Assembly and senior Government officials which did not comply with disclosure and conduct standards?, he said, then why was it that no elected officials or Government Ministers were interviewed?

At a Press conference held on Tuesday to announce the conclusions of the two-year Police investigation into the scandal, Police Commissioner Jonathan Smith confirmed that no Government Ministers or elected officials were interviewed under caution.

?Our focus was to be on the investigation of any criminal conduct ? as distinct from management failings,? he said. ?Acquisitions of property and/or transactions were made with the BHC which involved elected officials including at Ministerial level.

?We have conducted an investigation and, after a review by (consultant to the DPP Kulandra Ratneser, it was determined that no criminal charges would be forthcoming.?

Mr. Ratneser explained that, without evidence of criminal wrong-doing to provide the basis for questioning, there was no justification for such a move.

Members of Parliament failed to comply with the standards and conduct of the BHC, he said on Tuesday. ?But failure to comply with the standards of the BHC does not make it criminal.?

?It sounds like preferential treatment to me,? Dr. Gibbons said yesterday. ?There was clearly unethical conduct going on ? conduct that would have been criminal in other places, but our legislation was not up to date.?

It takes two to conduct an unethical transaction, he pointed out.

Noting that Police interviewed more than 160 people during the investigation, 12 under caution, and arrested three, he said it was obvious the BHC had been extensively investigated.

So what happened to the other end? ?Why not the Government officials? Surely that would have been the natural step. On what basis were they not interviewed?

?Everybody is entitled to equal treatment under the law ... If, as was clearly stated, there was evidence of unethical behaviour, and we are told it would have been criminal elsewhere, why weren?t those elected officials questioned, under caution or otherwise?

?It is unacceptable.?

Police Commissioner Jonathan Smith is currently off the Island. When contacted yesterday, Police spokesperson Dwayne Caines replied: ?At this time the Police reserve the right not to say anything more.?

The formal statement concluding the investigation was made on Tuesday, he said, and the Police declined to say anything further.