COI finds that factors outside public interest occurred with ESHS wall
Commissioner Sir Gary Hickinbottom found that in expending public funds, factors other than those of the public interest may have been taken into account during the construction of the Elmore Stoutt High School (ESHS) perimeter wall.
It is as a result of this and other aspects that the Commission of Inquiry (COI) report concluded that serious dishonesty has taken place in relation to elected public officials and the ESHS wall.
Despite this, however, Sir Gary said that based on the evidence that was before the COI, he could not positively find that the decisions taken by former Education Minister Myron Walwyn were made, even in part, as a potential political inducement to prospective voters.
My book of contractors
The construction of the single wall involved some 70 different sub-contractors — the majority of whom had no constructor’s trade license — and involved circumstances which disregarded the increased costs and complexity that the use of multiple contractors would inevitably entail, the report said.
Walwyn chose the 70 sub-contractors from a book of people his ministry kept specifically for that purpose. It was also noted that the practice of not requiring these sub-contractors to produce required documents meant that there was little if any “vetting”.
In the Auditor General’s report on the project, it was determined that “This process is contrary to best practices and contributes to a culture where contractors expect gratuitous public contracts from political representatives without due regard to fairness, transparency and proficiency in the selection process.”
Auditor General acted professionally
Meanwhile, Sir Gary noted that insofar as it was suggested that the Auditor General’s report on the project was politically motivated, there was simply no evidence whatsoever to support such a contention.
“The evidence is that the Auditor General acted as professionally and impartially in relation to this audit as she has done with her other audits,“ Sir Gary wrote.
The COI report found that the way in which the project was contracted and implemented was, on any view, “extraordinary”.
An investigation was launched into the ESHS wall construction more than three years ago in March 2019, but no charges have been filed in the matter.
Sir Gary said the criminal investigation which was launched with public officials as persons of interest should be allowed to run its course.
“It is unnecessary – and would be inappropriate – for me to make any further specific recommendations in relation to further steps in relation to this project at this stage,” the Commissioner wrote.
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“The construction of the single wall involved some 70 different sub-contractors — the majority of whom had no constructor’s trade license”
Nothing new, many contractors were giving jobs to construct walls or roads without proper qualifications…3rd district was famous for that
So that’s why all the roads and walls in D3 collapsed during that 2017 storm.
I have done work for the government. If the contract is under 10,000 you don’t need no paper work – trade license and good standing. Everybody know this so we acting like moo moo when we hear that the 40 contractors who had contracts under 10,000 did not have trade licenses and good standing. Why are we such hypocrites in this BVI?
Does that make it right? Why give a contract for $10,000 in the first place? All that seems like is a little job.
If the job is big ,medium ,small there should be due diligence. How was the tax paid on this project if any. This will now change and follow up will include someone to watch that the taxes paid. It is not right, and all the moo moo know it. So straighten jack jacket because the move is on. I would love to see how some people get discipline so quickly.
Myron building restaurant at the same time? Architect the same for restaurant and wall? Hmmmmm
I wish God would strike you down now for telling such a vicious lie. We are really sick in the BVI. Which restaurant you saw Myron build?
Myron was only making sure everybody get a lil eat
…buying votes.
You did not read where it was said it was not political? Ayo just like to say the worse about people
…sections did you get
That’s what I believe happened, but it seems like he went about it the wrong way.
If yall think they would not have dug under every rock, stone and ocean to attack and discredit that brilliant Black man, then you don’t know their history and ways, and are yet to come to the realization of what is truly transpiring in these political moments.
Myron brilliant? Give me a break….
Both the NDP and VIP are to blame. I don’t want to hear from any of their cronies, starting with this so called “Unity Government”. Wash out the place. Who voted for this? They can’t even start a 200 man march much less a 10000 man march. All they good for now is protecting the creeps that have abused the system.
this wall thing is so sad, will myron still run for office?
The report has said nothing about that. If that was true then you would have expected them to ask about it in the interviews and put in the report.
That looks so third world. I am ashamed.
what about the people on the list who got paid and did not work?
How come they never asked about it during the COI? Because it is not true.
Now let us look at this thing. This is where I have a major problem with this report-
1. This project because it was over 100k had to go to cabinet. It would have to be brought to cabinet by the minister of finance and not the minister for education and the ministry of finance would have had to vet the whole project and the cabinet paper.
2. The decision to do the wall through smaller contracts was one taken by cabinet and not by Myron. That came out in the COI. I heard it for myself so why are they acting like Myron did this on his own?
3. Doing these types of contracts this way is nothing new in the BVI. The wall around A.O. Shirley grounds was built the same way. The wall up Spooner’s estate for the elderly home was built the same way. If we want to change it then do so but don’t make it look like this is the first time and it is not a norm. In fact, most of our projects was done this way in the BVI. We try to give a chance for other people to be apart of the economic opportunities. So now we want to kill Myron for this?
4. It is ministers who put the names of persons on contracts. That has always been the case and remains the case. This also came out in one of the testimonies during the COI. This is what happens up to this very day.
5. Anybody who has done work with government know that the practice has been that if the contract is under 10k they do not need to have a trade license or good standing. So I do not understand why the argument about the 40 contractors without license could make sense. Those contracts were under 10k from what I understand and this is exactly what happens in every ministry. Do we ask people with bush cutting contracts to have trade licenses? It’s the same thing. Why we acting like this is something new?
6. Is it the ministers who are responsible for vetting people for contracts? Isn’t that the work of the project people and the technical people? Why are ministers being held responsible for everything as if they process vouchers and supervise everything by themselves. Why?
7. Is there any evidence that anybody get kickbacks? If there was any I am sure they would have found that out by now. From what I notice this project has been under investigation for the last 4 years and we have heard nothing. It was sent to the DPP since 2020 and we have not heard nothing. Can we get an update?
8. The report says that the decision to break up the contract was not for political reasons. So where is the dishonesty that requires a criminal investigation? If the procedures were wrong does that rise to the level of being criminal? How?
9. All this COI did was take the auditor general reports and try to justify whatever was written in them to satisfy their terms of reference. Is that fair and just?
10. Corruption requires dishonesty. Where is the dishonesty?
I agree with every thing said above 1000%. This is factual information
Nope ? the AO Shirley wall was a single contractor get that fact straight. You think persons around here declare their campaign financing donations? Gtfoh. That’s one of the HIDDEN issues that we yet have to iron out. We all see how certain people affiliated with the two major parties get rewarded with government contracts etc. Are you so naïve to think that the same ‘contractors’ aren’t campaign/party donors?!?! You sound like someone whom might very well be a party financier/beneficiary!
You don’t know what you talking about. That original wall around A.O Shirley was done by small contracts. Where you live?
Regarding your point 2, Myron was minister of education. If cabinet asked for something do be done inefficiently(like using 70 different contractors) why didn’t he do something about this at the time?
Secondly, regarding point 5, the “been doing it this way forever” excuse is totally lame. That same excuse could have been applied to slavery. A government should lead by example. It requires contractors in general to have trade licenses. (It should also require them to be insured IMHO) so why is it ignoring it’s own laws when it’s contracting services? Isn’t Myron a lawyer?
Regarding your point 2, Myron was minister of education. If cabinet asked for something do be done inefficiently(like using 70 different contractors) why didn’t he do something about this at the time?
Secondly, regarding point 5, the “been doing it this way forever” excuse is totally lame. That same excuse could have been applied to slavery. A government should lead by example. It requires contractors in general to have trade licenses. (It should also require them to be insured IMHO) so why is it ignoring it’s own laws when it’s contracting services? Isn’t Myron a lawyer?
Well if the people who work on the wall were not qualified then we need to start giving all government work to unqualified people then. The wall stand up through the floods, Irma and Maria. Other walls done by big shot contractors fall down all over town during the hurricanes.
Yes, many other walls fell down.
Imagine that…
This report is a one side opinion piece that is designed to make all of us look corrupt and we buying into it.
So where exactly is the corruption? I do not understand this.
Myron did excellent work as a minister of education and government. He was one of the best we had. I will not forget all he has done over one wall project. Any body who do that is just damn ungrateful. If he run again I will vote for him regardless.
Myron was a good representative for all the people of the BVI. It hurt me how I hear some of you tear him down and I sure he help many of you in one form or another. I do not know Myron to be dishonest and I am yet to see any dishonesty with this wall project on his behalf. Bring the proof forward. It has been years.
I was glued to my computer for the whole of this wall interview. I listened to Myron, Lorna Stevens and Carlene Scatliffe. I understood what they testified and said and I was very pleased with their responses and reasoning. Then when Steve Augustine came it cleared up a lot of things fore me. Out of all the projects in the COI I thought that the wall was the best explained one.
When I read what was written in the COI Report I am wondering now if I was watching something different than the COI interviews. What the commissioner has written in this report is very different from the evidence given. Something is wrong.
This whole wall story is beginning to look like a witch hunt to me. I have worked in the civil service for 27 years. The arguments I see being raised about this project are things that have been happening for years and in every ministry. 70 contractors and 40 without trade licenses. The 40 contracts were below $10,000 from what I understand. This has been the policy in government for the last 30 years. If the contract is under $10,000 you don’t need a trade license and good standing. Whether this is correct or not it is what every ministry and every department in government has been doing for the last 3 decades. Do people getting bush cutting contracts have trade licenses? NO!
The next thing I see is that the contract was spilt up. Myron and his ministry cannot do projects over $100,000 without approval from cabinet. It was the NDP cabinet that decided to do the school wall in this way. Not Myron, the cabinet! The cabinet has the power to do that. When the cabinet decides then an extract is sent to the ministry telling them how to do the project directly from cabinet. That’s how it works. So how Myron is being blamed again? I just don’t understand.
I also have not heard anybody say that Myron or his ministry staff get kickbacks. If you have 70 contractors on a project and kickback is involved at least one of them would have talked by now. We know that Tortola people cannot keep no kind of secret. If you intend to steal wouldn’t it have been best to give the full wall to a few contractors instead of 70 so that they could keep your kickback secret?
The whole thing doesn’t make any sense to me.
There was a police investigation done. The last police commissioner said that. He said it was given to the DPP. This is two years going on three years now. Why haven’t we heard anything about that after so long but now the COI Report turn around and say that the investigation is ongoing when the commissioner done say it was completed.
Something don’t sound right to me.
He was trying to do good but as a lawyer he should have known that the BVI has outgrown this practice. I certainly don’t see the brother as a crook.
We trying kill one of the best we ever had representing us over one project? How many good things this man do for this country and how much people he help.
The wall stand up during floods, Irma and maria. a lot of other walls fall down that was built by big time contractors so we need to really give unqualified people more chances to work. Thanks Myron.
As far as I can remember, a contractor’s license has never been a prerequisite to undertake a government contract under $10,000.
That being the standard, all 70 contractors could have legally done the work without a contractor’s license or Good Standing Certificate once the cost was below the $10,000 threshold. This is a fact! Call government and ask. This is puzzling!
That’s what I believe happened, but it seems like he went about it the wrong way.
A project this size wouldn’t have had to go to Cabinet? So how come this is all on Myron? This don’t make no sense to me. However this wall was done it had to get the approval of cabinet or else it could not happen. And if something was being done wrong how come the ministry of finance and the treasury didn’t pick it up. Do ministers process vouchers and paper work? Are we saying then that civil servants were in on this with Myron and did illegal things?
People we need to think! This is all bull crap.
So let me get this straight, the commissioner is saying that he cannot, even in part, say that the project was a political inducement to voters.
After 4 years we have not heard anyone say that Myron or his staff got kickbacks.
We have heard nothing from the police investigation that the last commissioner said was complete.
We all know that contracts under 10k in the government service do not call for any paper work – neither trade license or good standing.
The project was one approved by cabinet and not by Myron.
So what is the point of all this again? could somebody help me?
If ever there was a witch hunt this is one. The question why?
I want the UK government cut out petty contracts and small contracts and let some ayo moo moo back side starve. Look how ayo ungrateful self crucifying the same government people who try to help the regular people. we really stupidy in this place.
you know some smart heads have 5 and more trade license for 5 and more construction companies under different names.. which all got contracts.. 5 different companies, 1 pocket fulling
This don’t make no sense to me. So who would sign those contracts? Would it be different people or the same person signing all of them? You don’t think is this was so the people dealing with this would noticed it and stop it?
So it was Myron alone work in this wall? He was the only one in cabinet who passed it. He was the only one in the ministry of education to do anything with it. He do up all the paper works and send them to treasury. He was the architect and project manager. He went to supervise the work at the high school. He draw the plans and made prepared all the estimates. One man did everything on the project by himself. Nobody else. You all better miss me with this nonsense! We can’t see what these people trying to do? We that blind and hate one another so much?
Myron was wrong and abused the system to buy votes and the auditor was just doing her job and not motivated by politics. The problem we have here is if we like them then we don’t hold them accountable but if we don’t like them everything they do is wrong. If we can’t tell right from wrong regardless of who the cap fits can we really govern ourselves?
Best thing for Myron is not to run stay in the private sector
This is what you haters want that’s why you pushing this situation. Myron was one of the best ministers and reps we had around here. He is was a hard worker and our education system was at the best level it ever was. This man reachable, he returned your phone calls and was there when the people needed him. I am ready for him to run again because I will vote for him. Look at the people we have running our country. No man. There is no reason why you shouldn’t run. This wall may have had some issues but I don’t see nothing criminal whatsoever. I have known Myron for almost all my life and he is not a dishonest man. He would quicker give you all he have before he take anything from you. That is the kind of man he is. Run Myron run!
Education at it’s level best? Not much of an endorsement. Indeed look at the people running this place. Wall had “some issues”? Like overpaying by 500%+. Myron was in charge. He is an educated man. Economy of scale is nothing new in class actrion law suits (or was that not covered in his law degree?) An educated man asks when he does not know or is uncertain about something, so he really has no excuse. He knew about it, knew that the costs would be outrageous, and did nothing about it despite all the publicity about it at the time. This would be considered negligence. Perhaps he did not realize it at the time, but that’s doubtful given the absence of any form of contrition. Was that the best way to spend a $1 million + on education
This why ayo trying to kill this man. From last election it had all kind of collaboration to destroy this man. Now it come back again. If Myron want to run that is his right. If you want to run that is your right. I know who I voting for and ain’t you.
Well here we go again. Myron handled this project so professional in his limited capacity.he had ms. Stevens checking for the people so they could have gotten started, they were well instructed ,and delivered. Yes there were some unfortunate challenges ,but they were remedied and things went on. I am proud of morons attitude before ,during,and after. He is the same person today as he was even up to the COI’s investigation.he has pride, not one thing to hide.where are his bashers to this day. Myron you have delivered where others couldn’t.we haven,’t met for quite a while , but God knows. Be yourself always.
Myron blogging all through under different names. The fact still remains you did not follow financial protocols and people who did not work got paid just like at the recreational trust
They could settle it, pay back some funds, not to run for office ever again and end of story
So because some people step in to make sure you don’t crucify a good person for political reasons all of a sudden it’s Myron blogging for himself. If people like you were allowed to drag his name without anything positive it would have been fine. It would serve some of you well to find out how things work in government rather than running your mouths. No minister can make up his own financial rules. There is a finance officer in every government ministry who is responsible for making sure that all financial rules and regulations are followed. Stop running your mouth on things you don’t know just to damage people reputation. It is low and shameful.
Your motive is clear from your post. Some of you don’t want Myron to run for your own personal political reasons. So let us get him out the race so your chances of winning could improve. We are some wicked and evil people in the BVI. God will do for some of us.