|
| |
September 17, 1997
Take Notice that Her Excellency the Governor-General has issued a
Commission appointing Miss Monica Joseph, retired High Court Judge of the OECS Supreme
Court as Commissioner and authorizing her to inquire into the several matters hereunder
set out under the provisions of the Commissions of Inquiry Ordinance Chapter five of the
Revised Laws of Saint Lucia, 1957.
1. To inquire into :
(a) the payment by the government of Saint Lucia to Mrs. Shirley M. Lewis of a sum of
EC$10,365.15 for professional services rendered in the criminal case Police vs. Claudius
Francis by Virement Warrant 144 of 1996/97 : Savings : 160-05, in order to -
(i) establish whether in all the circumstances, payment was due from the government of
Saint Lucia to Mrs. Lewis for the matters claimed in her letter of claim, dated January 8,
1996;
(ii) identify the person or persons who authorized, endorsed or in any way facilitate the
payment of the said sum to Mrs. Lewis and establish whether the person or persons acted
with the approval and/or knowledge of the Cabinet of Ministers or any Minister or senior
public official of the government of Saint Lucia;
(iii) determine whether the person or persons who authorized, endorsed or facilitate the
said payment was subject to any dues and if so, by whom;
(iv) determine whether the government of Saint Lucia has the right to recover all or any
part of the money paid to Mrs. Lewis and if so, identify the steps to be taken to so
recover the same.
(b) the payment out of the Consolidated Fund of certain sums of money to Mr. Ausbert
d'Auvergne under a Technical Agreement signed by the then Prime Minister John Compton and
an official of ECLAC, on 24th July, 1992, in order to:
(i) determine whether any authority existed under the existing law and the established
practice and procedure of the Public Service to permit such payments and identify any
breaches thereof which took place;
(ii) identify the person or persons who authorized, endorsed or facilitate the said
payments to Mr. Ausbert d'Auvergne and establish whether the person or persons acted with
approval and/or knowledge of the Cabinet of Ministers or any Minister or senior public
official of the Government of St. Lucia;
(iii) determine whether any action may be taken by the government of Saint Lucia and/or
any person whose act or omission facilitated such payment may be sanctioned.
(c) the construction of a road in Shanty Town during the period of April to May, 1997 in
Vieux Fort so as to determine whether:
(i) there was any proper authorization for the construction thereof;
(ii) there was any breach of government's established procedure for the selection of a
contractor in matters of this nature;
(iii) Government is liable to any person for payments in connection with the said
construction.
(d) the arrangements entered into between former Minister of Community Development, Social
Affairs, Youth, Sports, Cooperatives and Local Government, Desmond Brathwaite and
Klohn-Crippen for preparatory work on a national stadium in order to:
(i) establish whether the former Minister's acts in this regard were properly authorized
by the Cabinet of Ministers;
(ii) establish whether the established procedure for the selection and awarding of
contracts by the government of St. Lucia was followed and if not, what are the
consequences thereof;
(iii) determine government's liability of Klohn-Crippen in all the circumstances;
(iv) determine whether the government of St. Lucia can take legal action against any
person in consequence of any liability which may attach to the government of St. Lucia.
(e) the circumstances surrounding the sale of approximately 26 acres of beach front land
in Roseau Bay by Model Farms Ltd., (a company in liquidation) to Genesis Ltd., to
determine:
(i) the beneficial owners of Genesis Ltd., at the time of the transaction;
(ii) whether the price paid for the lands represented, in all the circumstances, a fair
market price;
(iii) whether the public servant was concerned directly in the sale transaction and if so,
whether this involvement breached any law or any regulation of the civil service.
And further to inquire into any and all allegations of fraud, corruption, breach of trust,
conflict of interest or any wrongdoing, impropriety or irregularity whatsoever made by
anyone against any person arising out of an in connection with any or all of the above.
2. To identify existing legal and administrative deficiencies which may permit or
otherwise facilitate acts of impropriety or illegality by public officers or other
employees of the Crown in the course of their duties and make recommendations to address
the same.
3. To make such observations and recommendations pertaining to the above Terms of
Reference as the Commissioner deems appropriate.
And Take Notice that members of the public are invited to submit Memoranda or statements
to the Secretary of the Commission of Inquiry, pertaining to any or all of the Terms of
Reference set out above by sending the same to:
Ms. Veronica Cenac
Secretary to the Commission of Inquiry
Office of the Clerk of Parliament
Parliament Building
Castries, St. Lucia
|
