COI lacked facilities for financial probe, Sir Gary
The Commission of Inquiry (COI) did not have the necessary resources to conduct any financial investigations into either projects or individual people, a report on the inquiry has shown.
In his findings, Sir Gary Hickinbottom, who led the COI, recorded that it was never intended that the inquiry would conduct in-depth financial investigations into particular projects, programmes, people or even to “chase“ bad money.
According to Sir Gary, this was not required or expected, given the terms of reference for the inquiry. He said the time and resources he had were tailored accordingly as a result.
Apart from his terms of reference, Sir Gary disclosed that two other factors mitigated against focusing on dishonesty in the form of public officials obtaining direct personal financial benefit from their office.
Fear of reprisals
Calling it a substantial challenge, he said potential witnesses feared that by giving information to the inquiry, they would face discrimination or other adverse consequences and therefore were not prepared to come forward at all.
Some of those who actually did come forward, Sir Gary said, made it clear that by speaking with the COI they firmly believed that they and their families would suffer such adverse consequences.
“There is no doubt that these fears were sincerely and firmly held,” the Commissioner related. “There was evidence of people, immediately upon leaving a meeting with members of the COI team, being questioned as to what was discussed at the meeting and what they had said.”
The Commissioner said while some were willing to speak, they were only doing so on the basis that their evidence would not be used by the COI unless it was used in such a way that they could not be identified.
Documents in disarray
The second factor that prevailed, according to Sir Gary, is that documents and information disclosed by the government were received in such a shambolic state that even after careful analysis and oral evidence from relevant public officials, it was difficult to put together what had actually happened.
It was a consistent theme that the COI referred to and it often meant protracted delays in the way in which hearings were held as a result.
The Commissioner said it was often impossible to even ascertain why a course of public action had been taken, with the documents not reflecting the evidence of public officials or public officials being simply unable to explain why particular steps had been taken.
In light of his findings, Sir Gary recommended that one or more independent units be established to conduct the much needed financial investigations and said steps should be taken to ensure that any appropriate measures are used to secure money, land or other assets; pending the outcome of criminal or civil recovery or confiscation proceedings.
The Commissioner said the independence, impartiality, and integrity of any such unit will be crucial and suggested steps should be taken to ensure that it is properly resourced so the people of the BVI will have confidence in it.
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Get on with it, it’s necessary.
This COI thing is sickening everyday now….Yo mean we never do nothing right at all?
We are not rats—–BOTTOM LINE
but at least they open the public eyes about our corruted government.
Change legislation and give the Auditor General more teeth. Make it a criminal offense for any government official to wilfully block the AG from doing their job. These are simple fixes and didnt need the UK to tell us that but here we are.
I just sick of these racist people with their bias COI
I am just sick of people with lack of comprehension and willingness to accept when someone of their race has done WRONG so the best they can come up with is the race card. Well sorry for you it does not excuse the fact that BVI has corruption. Its is people like you is why the former premier is where he is. For heaven, sake use the race card when it is warranted not because you feel it suits you.
The harsh truth for people like you is the Virgin Islands are a territory of the UK. Those who don’t like that and feel it represents racism should just sit and figure out a way for the Virgin Islands to become independent.
The way in which BVI society has been set up is almost designed to prevent whistle blowing or accountability. Most BVI Islanders can be controlled because power is concentrated in the hands of a self interested few who have great powers to reward complicity in wrong doing and to punish those who don’t play ball.
Everyone else is at the mercy of the labour and immigration departments and all the other licencing authorities where there is no transparency.
Added to this you have large scale and organised drug running and money laundering of drug money, which appears to penetrate the most senior levels of government and agencies.
Underpinning the whole rotten system is the inability of long term residents and tax payers to vote.
No wonder we have wasted the billions of government revenue that came in since 1990. The whole structure needs to be demolished and re-built from scratch.
No names no pack drill
thousands of financial investigations into every project the BVI government was involved with since 1990. During these project investigations launch branch investigations into every person, civil servant, business person, etc. who was involved in the main financial project under investigation. These multiple investigations should keep lots of UK auditors and detectives busy for the rest of the decade.
.. BVI qualified lawyers, which meant the work done by COI Counsel Rawat and COI Solicitors King and Harrikkissoon was unlawful and exposed them to criminal offences. It was disgraceful for them to apply to be admitted when directed by the COI to do so and then to withdraw their applications when they left the BVI, because they were opposed. COI also lacked the ability to receive documents for the first two months, because they were not expecting the Government to cooperate. Finally, whatever else is said, the COI lacked independence and was instead a stitch up.
Of course on this website numerous dislikes will now follow …
As a matter of law I think that is wrong. Being on a CoI doesn’t count as the practice of law. You don’t have to be a lawyer to do it; it’s just that if you are a good lawyer you are likely to have the skills to do it well; which they did.
This really is a non-point in any event; especially in contrast to what the CoI uncovered; let alone the Head Coach and Maynard arrests.
Are you saying ignore the CoI findings because Rawat wasn’t admitted as a BVI lawyer?
… can an inquiry into potential corruption and dishonesty lack facilities for a financial probe? That’s a joke. It just shows that there was no real evidence of either despite COI claims.
As a matter of law I think that is wrong. Being on a CoI doesn’t count as the practice of law. You don’t have to be a lawyer to do it; it’s just that if you are a good lawyer you are likely to have the skills to do it well; which they did.
This really is a non-point in any event; especially in contrast to what the CoI uncovered; let alone the Head Coach and Maynard arrests.
Are you saying ignore the CoI findings because Rawat wasn’t admitted as a BVI lawyer?
Lots of terrified folks in the BVI. Look at them! If you are not one of them, thank God and your parents and yourself for avoiding corruption. Way too many people in the BVI sold their souls for money, and ruined their lives and sometimes their family’s lives.