WEDNESDAY i’m lovin’ it!
The Tribune Established 1903
24/7 BREAKING NEWS ON TRIBUNE242.COM
HIGH 87ºF LOW 76ºF
Biggest And Best!
VOLUME:114 No.242, NOVEMBER 8TH, 2017
THE PEOPLE’S PAPER: $1
CITIZENSHIP AND THE LAW - AND WHAT NEXT FOR BAHAMIANS - SEE PAGE EIGHT
Revealed: Miller’s role in BPL deals
• Audit accuses ex-chairman of influencing bid process • Brave’s brother given contract $80k higher than preferred bidder • Full scale of $1.8m staff fraud at power company exposed EXCLUSIVE By TANEKA THOMPSON Tribune News Editor tmthompson@tribunemedia.net THE Ernst & Young (EY) audit into operations at Bahamas Power & Light (BPL) has identified instances where former Executive Chairman Leslie Miller allegedly “influenced procurement decisions” for the awarding of contracts “or circumvented the process entirely,” The Tribune can reveal. According to a copy of the audit obtained by this newspaper, EY found alleged actions taken by Mr Miller regarding the issuance of contracts worth less than $100,000 – below the limit of board/chairman involvement – at the government entity were “highly irregular”. The audit also flagged numerous “irregularities” in the way contracts were awarded by the former Bahamas Electricity Corporation (BEC) since 2012, including lack of due diligence leading contracts
VASYLI BIDS TO AVOID RETRIAL
LESLIE Miller at the PLP convention. Photo: Terrel W. Carey/Tribune Staff being awarded to companies “owned by public officials or BEC board members”. The audit also revealed one company said to be owned by the brother of Progressive Liberal Party (PLP) Leader Philip “Brave” Davis received lucrative contracts from BEC even though the business was not the preferred bidder in a tender process. The company, AL D’s Construction & Roofing,
HURRICANE INSURANCE:
Are you Covered?
Covering The Bahamas for 40 years. Nobody Does it Better!
received two contracts for a higher value than the recommended bidder. Despite repeated calls, Mr Davis could not be reached for comment yesterday. The audit found while two BEC executives wanted to award these contracts to two different companies, Mr Miller wrote to the officials directing them that BEC’s board had requested the contracts be given to AL D’s Construction & Roofing instead. Investigators also found a company owned by Mr Miller – Mario’s Bowling and Entertainment Palace – received $52,192 from the utility provider since 2012. When questioned about the audit’s findings yesterday, Mr Miller pushed back on the report saying “every contract” awarded by BEC’s board was given to the lowest bidder. He denied engaging in any irregular practices insisting he led a “top notch” team at BEC and saved the government millions of dollars in overtime pay and other expenses during his brief tenure. SEE PAGES TWO & THREE
DONNA Vasyli outside the Court of Appeal yesterday where she was seeking to take her bid to fight a murder retrial to the Privy Council. See page 11 for the full story. Photo: Terrel W. Carey/Tribune Staff
$4.5BN REFINERY PROJECT FOR GRAND BAHAMA
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
THE Government is said to be “embracing” a potential $4.5 billion oil
storage terminal and refinery planned for east Grand Bahama. Details of the Oban Energiest project are buried in a recent presentation by the Central Bank of The
NEW PROVIDENCE GRAND BAHAMA ABACO ELEUTHERA EXUMA 242.394.5555 242.350.3500 242.367.4204 242.332.3211 242.336.2304
INSURANCE MANAGEMENT
(BAHAMAS) LIMITED. INSURANCE BROKERS & AGENTS
www.InsuranceManagementBahamas.com
Nassau & Bahama Islands’ Leading Newspaper
Bahamas, which describes a $1.5 billion first phase investment in a 20-million barrel bulk storage facility for petroleum products. FULL STORY - SEE BUSINESS
PAGE 2, Wednesday, November 8, 2017
THE TRIBUNE
‘The chairman is now the company $330,000 from page one He also denied that Mario’s Bowling had any contract with BEC/BPL. He claimed to be unaware of any contract being given to a relative of Mr Davis. EY said it found “weaknesses in the vendor due diligence process” and 19 vendors for whom the required due diligence was not performed. “The requirements for vendor due diligence are not documented in the current procurement policy. From our review of vendor files, we confirmed that there is no requirement for procurement staff to confirm if vendors are politically exposed persons (PEPs) or owned by public officials, have criminal backgrounds, previous negative press coverage or relationships to staff and/or directors of BEC.” EY found that for 19 out of 35 vendors selected for testing, “no due diligence documentation could be obtained”. The report added: “No information on ownership could be obtained for these workers, along with no confirmation of valid business licence and or tax registration.” EY identified three vendors owned by PEPs or public officials who had contracts with BEC/BPL. It has been previously reported that Bahamas Couriers Limited trading as Bahamas Cargo & Logistics, owned by the father of former Minister of Education Jerome Fitzgerald, and Penta Industrial Services owned by Errington
THE UNVEILING of the Bahamas Power and Light (BPL) sign replacing the old BEC sign. An audit has examined the process within the company. “Minky” Isaacs, PLP chairman emeritus, received contracts with BEC. However, the contract given to a relative of Mr Davis is a new element to the controversy. Of this company, EY noted: “Two contracts were
awarded to this vendor for a higher value than the recommended bidder. Supporting documentation in connection with these transactions include internal memorandums from Kevin Basden and Lana Mingo requesting Mr Miller’s
TA S T E T H E N E W S P E C TAC U L A R
Come savor a masterful sushi pairing: Chef Katsuya Uechi’s fresh takes on Japanese classics paired with design icon Philippe Starck’s sleek and sultry interiors. Lunch 11:30am to 2:30 pm Tue - Sat Dinner 5:30pm to 11pm nightly Reservations 242.788.7250
Located at Baha Mar Casino floor Baha Mar Blvd, Nassau, Bahamas BAHAMAR.COM
LIFE SPECTACUL AR
approval to award the claimed to The Tribune contracts to DN Construc- when Tinker Enterprises tion Co and Dudley Smith was engaged by BEC, Mr Construction Company. A Tinker, now said to be handwritten response from deceased, was no longer Mr Miller is included on the involved with the company. memorandums stating that The audit also outlines the board requested for several instances when the contracts be awarded the tender process at BEC to AL D’s Construction & was not followed, noting Roofing.” EY identified three conEY said for one of the tracts with a value in excess contracts, the recom- of $100,000 for which no mended bidder price was formal tender had been $118,816 but the contract performed. was awarded to AL D’s One such case involved Construction for $199,000. a company called Sure The investigators also Tech CCTV Surveillance found that for the second which had a contract valued contract, the recommended $157,750. According to EY, price was $36,400 but was this business was one of five awarded to AL D’s for identified as not being a $41,417. registered company. “There was also another “Four quotations had company lower than AL been obtained but the conD’s Construction & Roofing tract was not put to tender. at $40,260,” EY noted. Quotations were obtained Two vendors who got and analysed by the “end contracts under $100,000 user” and not a member were identified as being of the procurement funcowned by former BEC tion. The selected vendor board members: Nassau ultimately failed to comSalvage plete the Company, project and “It was alleged that said to be legal action Mr Burrows used partially was taken players from his owned by BEC (11.1 per baseball academy to against the cent) by vendor for perform the cleaning Edward breach of services. The contract contract.” Darville, and Mario’s was terminated Atcun Bowling Secu& Family shortly after being rity had a Entercontract awarded due to poor tainment, valued at performance.” owned by $870,684, Mr Miller. howThe report noted the total ever there was a total spend with Mario’s Bowl- vendor spend since 2012 of ing by BEC since 2012 $3,685,257. was $52,192. Nassau SalIn the case of this comvage had a contract worth pany, EY noted: “A $22,168, according to the memorandum from the audit. chairman to the general Former PLP Senator manager stated that two Greg Burrows, owner of other quotations had been The Cleaning Company, requested but no docureceived a cleaning con- mented evidence of the tract for $65,200 which was alternative quotations quickly revoked due to could be obtained. The conpoor performance. tract was not put to tender “Based on interviews and the procurement funcand corporate documenta- tion was not involved. tion reviewed, this vendor Further, we observed is owned by former Sena- evidence of the former tor Greg Burrows,” EY Executive Chairman Leslie noted. “It was alleged that Miller authorising a mobiMr Burrows used players lisation payment to this from his baseball academy vendor at the inception of to perform the cleaning their contract. Based on services. The contract was interviews, a mobilisation terminated shortly after payment for security serbeing awarded due to poor vices is highly irregular.” performance.” Row Creek Company Another company, Ltd had a contract valued Tinker Enterprises Ltd, $114,036 however total was said to have been paid vendor spend since 2012 $82,500 by BEC. was $452,161. “Based on online “The contract for the research, the owner, Kir- supply of furniture was not klin Tinker, was a former put to tender and the probusiness partner of Leslie curement function was not Miller in Sunburst Paint,” involved. As noted above, EY noted. no other quotations were However Mr Miller obtained and a purchase
order was not created,” EY found. The firm also identified nine instances where vendors were engaged “with no evidence of procurement analysis or other quotations being obtained”. E&Y added: “For the following vendors, we found no evidence of any other quotations being obtained prior to award of contract or issue of purchase offer.” In the case of Atcun Security, the investigators found the company was paid 30 per cent more for security services during a one-year period than the firm which was previously providing BPL with the same services. Penta Industrial Services received $4,592,041 from BEC, however EY said it was unable to identify any competing bids or alternative quotes being obtained for these services. “Further, we observed evidence of the former Executive Chairman Leslie Miller authorising a mobilsation payment to this vendor at the inception of their contract. Based on interviews, a mobilisation payment for cleaning services is highly irregular,” the audit noted. On November 7, 2012, Mr Miller instructed Mr Basden to “please prepare a cheque for the amount of $40,000 relative to this request”, referring to the cleaning services contract awarded to Penta, the audit notes. Referring to Row Creek, the auditors found that in addition to not observing competitive bids related to the four contracts awarded to this vendor, EY observed the following irregularities: “An invoice was sent on the same date as quotation for the work. Both documents were addressed to the chairman not the end user.” It was also noted: “One specific quote has an email ‘approval’ from the chairman even though it is below the limit required for board/ chairman involvement.” EY said it found electronic evidence that former executives and board members had concerns about “the manner in which Mr Miller was engaging” with the vendor in question. An internal memo from Mr Basden to Mr Miller on March 10, 2015, noted issues with a batch of eight invoices from Row Creek which were sent to the former’s office in February of that year. Mr Basden noted the
THE TRIBUNE
Wednesday, November 8, 2017, PAGE 3
attempting to give... additional work.’ invoices total $330,000; there was no tender/competitive bidding process; and the recent work carried out by Row Creek “raised concerns from a workmanship perspective”. On February 24, 2015, Mr Basden sent an email to BEC official Donna Smith which expressed concern about Mr Miller’s intent to give the company lucrative work. Mr Basden wrote: “The chairman is now attempting to give Row Creek, the company that tiled downstairs, some $330,000 of additional work – tiling of various other areas in the building, painting of the exterior of the building and boundary walls, and painting of public areas in the building. A copy of the various invoices, some of which were reportedly signed on different dates - Feb 3, 2015; Feb 6, 2015; Feb 8, 2015 and Feb 14, 2015 - but submitted to my office today, even though it was dated Feb 20, 2015, by the chairman, are attached.” Ms Smith wrote back: “This cannot happen. We need to discuss how best to deal with this.” EY found more issues with Mr Miller’s involvement in operational procurement activity at BEC. “We identified numerous instances where the chairman was actively involved in low value procurement activity,”
AN EMAIL exchange between Kevin Basden and Donna Smith discussing Leslie Miller’s attempt to give work to Row Creek. EY wrote. “We noted where handwritten vendor.” process was not followed; five instances were cor- approval was provided by In its executive sum- instances where contracts respondence from the the chairman for amounts mary, the audit noted: were awarded to vendors vendor (invoices, bids, below $250,000. We noted “EY identified numerous who were not selected proposals) was addressed ten instances of written irregularities in the manner or did not participate in directly to the chairman correspondence from the in which contracts were the tender process; lack and not the procurement chairman to staff instruct- awarded by BEC since of vendor due diligence or engineering functions. ing them to engage with or 2012 including numerous leading to contracts being “We noted nine instances process payments to a given instances where the tender awarded to entities owned
by public officials or BEC board members; instances where the former Executive Chairman Leslie Miller influenced procurement decisions or circumvented the process entirely and gaps in basic procurement controls.”
MILLER DENIES ALLEGATIONS IN BPL AUDIT By TANEKA THOMPSON Tribune News Editor tmthompson@tribunemedia.net FORMER Bahamas Electricity Corporation (BEC) Executive Chairman Leslie Miller strongly denied allegations he “influenced procurement decisions” or evaded the process altogether when he headed the board of directors, telling The Tribune every contract awarded during his tenure was given to the lowest bidder. He refuted the litany of claims contained in an audit report conducted by Ernst & Young (EY) into Bahamas Power and Light, formerly called BEC. One allegation is that his company, Mario’s Bowling and Entertainment Palace was paid more than $50,000 by BEC for unspecified services. It was also alleged Mr Miller, former Progressive Liberal Party (PLP) MP for Tall Pines, wrote to two officials at BEC that the board had requested two contracts be given to AL D’s Construction & Roofing instead of two other recommended bidders. According to the audit, AL D’s Construction & Roofing is owned by Alvin Davis, brother of PLP Leader Philip “Brave” Davis, who was deputy prime minister and minister of works at the time. The report found that AL D’s Construction was paid more than what the lower, recommended bidders had offered. Mr Davis could not be reached for comment yesterday. Mr Miller repeatedly claimed to be unaware of AL D’s Construction or its connection to Mr Davis’ sibling. At one point when asked again about contracts being awarded to AL D’s Construction, Mr Miller deflected, replying: “These guys got to stop these foolishness. Many small contracts were given out based on the value of the job, okay, like they did too. This blaming all the time, go try to run the country.” Defending himself on the contract awarding process in general, Mr Miller said the executive chairman
does not make decisions on the awarding of contracts by himself but the process is something the board would decide in the best interest of the corporation. “How could the chairman have influence on contracts? The board was giving out all the contracts and the record would show that,” Mr Miller said. “And every contract that we gave out, there was value for money. I don’t know how they could arrive at conclusion.” He also said: “The chairman doesn’t make those decisions by himself, the board would have made those decisions, whatever decisions were made they were made by the board in the best interest of the corporation and the country. And I assure you that every single contract that we gave out went to the lowest bidder. I don’t know if they had contracts they didn’t show us and now they are complaining about it.” When asked about the audit’s finding that his business, Mario’s Bowling and Entertainment Palace, received $52,192 from BEC since 2012, Mr Miller scoffed at this. “That’s a bowling entity, what could they do? I am totally unaware of what you are talking about.” He said he had no concerns about how he handled matters at BEC, saying he helped save the utility provider millions of dollars while looking out for the small man. “What angers me you know, all the work that this board did, I don’t think no board in the history of BEC could come close to what we did on behalf of the Bahamian people. “When we left BEC, the cost per kilowatt hour was down to 31 cents per kilowatt hour, it is now up to 43 or 46 cents. When we went to BEC, the overtime was $12m a year, when we left we had it under six – we saved the corporation over $20m. “When we were at BEC, reconnectors and disconnectors were making as much as $97,000 a year – we stopped that and hired 20 Bahamians to get a decent paying job and still save the corporation over half a
LESLIE MILLER, pictured during his time as BEC chairman. million dollars.” were lax practices when the He said before he was party was last in power. appointed to BEC, the cor“I don’t expect no more, poration lost in excess of the guys playing politics and $200m during the previous it’s a pity that a company of 10 years. “We did what we were the magnitude of this firm supposed to do on behalf is also playing politics. It’s of the Bahamian people. We gave people breaks with paying their bills, and they were angry with some of the things that we did because we turned on over 4,000 people that was off.” FOR LEADING When confronted with PUBLISHING the allegations contained HOUSE in the audit, at one point Mr Miller asked how “all Full-time and Part-time of this points towards me” and questioned if the claims Call: 323-5665 against him were politically or e-mail: motivated. sginn@dupuch.com He then pointed the Etienne Dupuch Jr finger at the Free National 8th NovemberPublications 2017 Movement, Wednesday, saying there
WANTED GRAPHIC DESIGNER
"Here at Bay Street Garage:
3=4 Buy 3 Castrol Edge Full Synthetic quarts, we give you the 4th one FREE!"
“QUOTE OF THE DAY” Distributed By
BAY STREET GARAGE Dowdeswell Street
322-2434 • 322-2082
really a pity. “. . . Don’t forget the stealing that went on – it wasn’t under our watch,”
he said referring to the nearly $2m fraud scheme uncovered by EY. “That happened after we left.”
FOR RENT In the Bayparl Building Downtown, Bay Street and Parliament Street 1400sq.ft. Shop next to Coles of Nassau, also First Floor Offices (own restrooms) 1000 sq.ft. and 500 s.q.ft. Call 477-1579/698-8551/326-2197
email: philip.hillier34@gmail.com PARLIAMENT PROPERTIES LIMITED
PAGE 4, Wednesday, November 8, 2017
THE TRIBUNE
‘Everyone is trying to By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net AS many as 11 Bahamas Power & Light (BPL) employees allegedly helped facilitate a scheme that defrauded the company of nearly $2m, Ernst & Young (EY) concluded in its audit of BPL. It’s not clear investigators found all 11 employees to be active participants in the scheme, but at least four of them have been fired from BPL since the investigation’s launch. The 11 employees facilitated the fraud by recording, printing, signing and vetting fraudulent cheques or invoices, signing cheque registers for fraudulent cheques,
creating fictitious vendors, putting their signatures on fictitious invoices and facilitating concealment of the fraud.
During EY’s interview with one of the employees, now fired, the person “became agitated and suggested that ‘Everyone is
trying to get money out of BEC.’ “When pressed further,” EY noted, the employee “alluded to politicians
and senior executives who are benefiting personally from BPL. She refused to provide further details, however.”
The highly anticipated audit obtained by The Tribune details how an internal investigation which began when an employee discovered an “unusually large invoice” from an “unfamiliar” vendor mushroomed into one that involved the government hiring Ernst & Young, the firing of several BPL employees and an ongoing Royal Bahamas Police Force (RBPF) investigation. Investigators said they observed no evidence suggesting BPL’s chief financial officer was involved or knew about the fraud scheme. She told investigators BPL has made progress since accepting her position in 2009, saying the “control environment is adequate but could be enhanced”. EY “identified 41 cheques totaling $1,886,525 made to 13 fictitious vendors and three cheques totaling $126,779 made to legitimate vendors” during its investigation. “Based on our analysis of the documentation available, the evidence supports that a fraud was carried out by means of collusion between multiple BPL employees and at least one (bank) employee,” the accounting firm alleged. Investigators found at least three of the employees
ANALYSIS FINDS CATALOGUE OF PROBLEMS By RASHAD ROLLE Tribune Staff Reporter rrolle@tribunemedia.net IN its analysis of Bahamas Power & Light’s (BPL) accounting data, Ernst & Young found numerous irregularities, including payouts to some companies that were not registered with the Corporate Business Registry and more than $3m in payouts to vendors with tax identification number (TIN) anomalies.
The firm, in some cases, found a “lack of supporting documentation for payments remitted to vendors,” invoice dates months apart although they are sequential, “vendor invoices containing an invalid or no tax identification number,” “inconsistencies across vendor invoices,” and “no evidence of existence of vendors at the Bahamian Corporate Business Registry,” among other issues. The revelations,
gleaned as part of a probe into an alleged fraud scheme at BPL, paints a picture of a company riddled with internal control woes. EY said it performed analytical procedures on BPL’s vendor payment transactions and selected a sample of about 345 disbursements totaling an approximate $14,524,321 for review of supporting documentation. During this review, EY found the following
A BPL truck on the road carrying out repairs.
irregularities: 40 cheques lacking supporting documentation valued $974,868; 32 vendors with value added tax TIN anomalies valued at $3.2m; and five instances where there was no evidence of vendor as a registered company with payouts valued $422,082. EY found three instances of inconsistencies across vendor invoices valued at $101,963; three instances of a time lag between date of invoice and date of
THE TRIBUNE
Wednesday, November 8, 2017, PAGE 5
get money out of BEC’
had fraudulent documents in their work area. Investigators also determined three of the employees knew the primary bank employee allegedly involved. One of them initially denied knowing the man but later told investigators she tried selling him jewellery and lingerie “from her side business”. In fact, the employee received an email from the man on March 21, 2017. He requested she “print and forward” his invoices to a manager. That manager is among the 11 people who allegedly helped facilitate the fraudulent scheme. At one point he, in an email EY obtained, received a message from a former high-ranking official of BPL who informed that “he’s holding on to (his Mercedes SL class) for now” and the pair should “discuss cash for the Jet Boat.” The revelation, while not appearing to be directly related to the fraud scheme, paints a picture of people awash in cash. Among the eyebrow-raising findings, investigators found three of the allegedly fraudulent cheques “were negotiated at the bank on the same day they were printed.” “This,” the firm said, “suggested that someone
within the Accounts Payable Department was able to take cheques that were printed and provide them to someone they were colluding with in order to be negotiated at the bank prior to 3pm when the bank closes.” EY reviewed time sheets and badge swipe information on the dates the cheques were printed to determine who may have been involved in the scheme. The firm found irregularities relating to two employees. One of the two employees “did not clock in or out for work” on March 24, 2017, EY said, adding: “However, his badge was observed moving in and out of the AP (Accounts Payable) Department throughout the day. This is highly irregular as it suggests he was in BPL offices but not there for work.” The same employee, on April 20, 2017, “badged out at 2.34pm and did not badge back in until 3.40pm.” The employee “did not clock in or clock out on this date; he was on vacation.” “This is highly irregular as it suggests he was in BPL offices but not there for work,” EY determined. The other employee “clocked in to work at 8.42am” on March 30, 2017, but did not clock out. The employee’s “last badge
swipe was leaving” the Accounts Payable Department at 11.57am. “Further, no e-mails were sent” by that employee on that date, suggesting to investigators that the employee “left work at 11.57am and did not return.” The same employee had a fictitious business licence certificate and National Insurance Board registration in his desk for “Scuderia Electrical,” a fictitious vendor. The employee was also found to have had in his work area several fictitious invoices that had been sent to the National Emergency Management Agency (NEMA) involving landscaping services after Hurricane Matthew. An email from the employee to his brother appears to have the raised suspicion among investigators. The employee wrote to a relative on February 9, 2017: “Bro, tell me what you want to bid on at RBC and my ppl will make sure you win the bid. We pay them for the winning bid.” The signatures of two employees were found on nine cheques totaling $249,859. But in an interview, the two employees “admitted to vetting only one of the fraudulent cheques” and “disputed vetting the other cheques which appeared to have
their signatures.” The women “argued that the signatures appeared to be printed or stamped on the documents due to the consistency and similarity of the signatures”. Three employees, including two managers whose grid stamps and alleged signatures were found authorising fraudulent
invoices and certificates of payment, “denied having signed” the documents, according to EY. The investigators observed that in relation to one of those three employees – a person not listed among the 11 who allegedly helped facilitate the fraud – there was a discrepancy between the grid stamp on fraudulent
invoices and the grid stamp impression “collected from his work area or observed on legitimate invoices that he authorised”. EY found one fired employee who inputted 25 of 44 fraudulent cheques that totaled $1,441,460. The same employee created “six of the 13 fictitious vendors” as part of the scheme.
IN UTILITY FIRM’S PROCESSES payment valued at $90,144; two instances of purchase order dates subsequent to invoice issuance date valued at $24,806 and one instance of an internal memo prepared on the same date despite invoices being received on various days for a value THE AUDIT of on BPL. $20,500. Cheques, according to BPL’s own internal processes, should have supporting appropriate approvals in the form of a purchase order, certificate of payment or internal memo or contract, but, investigators concluded, “a number of the sample cheques...reviewed did not have sufficient documentation to support the payments.” For 28 of a sample of 306 cheques, investigators could not locate the supporting documentation in the “company’s files or systems”. Additionally, “nine of the 265 cheques received did not contain any type of supporting documentation to substantiate the payments.” Nineteen vendors had a potentially invalid TIN, investigators concluded. They noted that after value added tax (VAT) was introduced in 2015, “any entity conducting business in the Bahamas is required to be VAT registered if the taxable services or goods sold exceed $100,000 over a 12-month period. Once a business is registered for VAT, it is issued with a certificate of registration and tax identification
number. “VAT registrants are required to include their TIN on their invoices or sales receipts. An official report of all Bahamian entities registered for VAT is generated monthly by the Ministry of Finance of the government of the Bahamas. This VAT registrant list also contains the TINs assigned to each business entire and is publicly available information. As part of our procedures, we utilised this official document to validate the TINs included in the invoices during the course of our transaction testing.” Of the 19 vendors with potentially invalid TIN numbers, investigators “were unable to match any of the TINs found on the supporting documentation (invoices, business licence) submitted by vendors to BPL to the TINs listed within the VAT Registrants List as of the date of the issuance of the invoices. In fact, investigators found invoices by 12 local vendors which did not even include a TIN. They said: “It should be noted that in 2016, one of these vendors, Hydro Electric Co, provided services to BPL totaling $111,2000. Given the value of the services provided to BPL during 2016, Hydro Electric exceeded the VAT threshold of $100,000 which requires the company to be VAT registrant and obtain a TIN.” Investigators also found that after receiving information from the Corporate Registry in the Bahamas, six vendors were not even registered. The
disbursements those companies received totaled $422,082.
GN1967
Ministry of National Security Office of the Parliamentary Commissioner
PAGE 6, Wednesday, November 8, 2017
The Tribune Limited NULLIUS ADDICTUS JURARE IN VERBA MAGISTRI “Being Bound to Swear to The Dogmas of No Master”
LEON E. H. DUPUCH,
SIR ETIENNE DUPUCH,
THE TRIBUNE
jrolle@tribunemedia.net
Publisher/Editor 1903-1914 Kt., O.B.E., K.M., K.C.S.G., (Hon.) LL.D., D.Litt .
Publisher/Editor 1919-1972 Contributing Editor 1972-1991
EILEEN DUPUCH CARRON,
C.M.G., M.S., B.A., LL.B. Publisher/Editor 1972-
Published daily Monday to Friday
Shirley & Deveaux Streets, Nassau, Bahamas N3207 TELEPHONES
News & General Information Advertising Manager Circulation Department Nassau fax Freeport, Grand Bahama Freeport fax
(242) 322-1986 (242) 502-2394 (242) 502-2386 (242) 328-2398 (242)-352-6608 (242) 352-9348
WEBSITE, TWITTER & FACEBOOK www.tribune242.com
@tribune242
tribune news network
The system is the problem, not the man AN outsider reading the headlines of local papers in the last few days would rightly think world events had passed The Bahamas by. A country obsessed by the salary of a single man when that man was merely a senior policy advisor who was not accused of stealing public funds or misleading shareholders and wiping out savings? This in a world beset by terrorist attacks, crazies killing innocent people in church or mowing down cyclists on a New York city street. A world facing unprecedented weather events, troubled by crime and challenged by poverty. Yet The Bahamas must be blissfully untouched by such major matters because it’s a man’s salary people are talking about. At the outset, controversy over the pay of Sir Baltron Bethel is justified but not simply because of the numbers involved. Yes, he earned a very handsome salary, $140,000 a year then along comes a raise of $60,000 two weeks before the election along with a contract extension. A salary of $200,000 is generous but within the realm of CEOs in mid-size corporations and, in fact, low for a major corporation. So it is not the amount we find untenable. What troubles us and troubles us greatly are the issues surrounding the sudden increase and the reality that we operate in an isolated silo system where someone like a Sir Baltron holds so much sway and power. First, let us be clear. We have talked with people in former Prime Minister Perry Christie’s office to try to understand what role Sir Baltron played before his termination in late May following the election in which the former administration got a thorough thrashing. To a person, everyone reported Sir Baltron as hard-working with the energy of an Eveready bunny. They called him highly intelligent and extremely talented. He made investors, colleagues and guests feel at home and important. He handled much of the Prime Minister’s writing needs. The Prime Minister could have chosen far worse. No matter how invaluable the former Prime Minister felt Sir Baltron to be, he made a huge mistake shoving a rushed whopping salary increase and contract extension just ahead of an election.. Such behaviour is not the legacy of a man who cares a great deal about the legacy he leaves. It is poor judgment at best, the kind that deserves a good finger-wagging in the face. Secondly, the role that Sir Baltron played so well is one that could have gone terribly wrong and must be redefined. That’s where the real focus should be, not just on the man’s pay but on how the system functioned. To make anything happen, everyone had to go through Sir Baltron and everyone knew it. He was the gatekeeper. The Prime Minister counted fully on the counsel of his senior policy advisor. We reiterate because it is important.
The problem is not just with the amount on the pay stub, but how the raise was handled and why someone like a Sir Baltron held so much influence over decisions that would impact an entire country. The man served in a highly centralised system in which everything filtered up to and through the office of the Prime Minister. Tragically, and despite promises to the contrary, it still does. Investors are bewildered and flummoxed. What kind of country is this where the Prime Minister and his cohorts have to approve your willingness to put your money into a business? Can you imagine if someone who wanted to open a fishing lodge in Key West had to see President Donald Trump for permission and walk away with a Heads of Agreement in which they offer to do this in exchange for government giving them tax concessions? Surely, you meet a set of standards, due diligence is carried out, zoning regulations and environmental management policy met and then the local population decides whether or not to welcome the business. It is the people who live in a community and will be impacted so why if a hotelier is thinking about a boutique resort in Long Island, Cat Island or Inagua would he or she be taking the case to a senior policy advisor in the highest office in the land? Sir Baltron, this fight should not just be about you and the pay you took home or hoped to continue to take home. It should be about how we do business in this country. If we do not start making it easier to do business, if we do not realize that incentives are not giveaways but investments that lead to a vibrant economy, we will continue to be mired in no-growth stagnation. If that happens, it ignites a vicious cycle. Low or no growth followed by imposition of ever increasing taxes to make ends meet. Wake up, Bahamas, and smell the Future. Businesses, local and foreign, are no longer interested in a system that has a single door for entry. Nice work, Romi, Rotary and Team The clean-up effort that began two Saturdays ago gets a Tribune thumbs up. Montagu Foreshore is clean and inviting. The new low white picket fencing along the eastern side of the grassy knoll to the east of Nassau Yacht Club adds style and beauty against the green lawn, a site reminiscent of Ocean Club Estates and we wouldn’t be surprised if Atlantis did not participate as it is one of the partners who maintain Montagu Park. Thanks to Minister of Environment Romauld ‘Romi’ Ferreira, the Rotary Clubs, Bahamas Waste and other partners and all those volunteers for a job well done and especially for keeping the landscaping low enough to allow for a full view of the water, a touch of inspiration and spiritual renewal that never gets old.
To increase or not? EDITOR, The Tribune.
WHEN there is a pervasive culture of corruption and greed, no amount of money is sufficient to satisfy incessant craving of many Bahamians. And, now, to use the argument that by upping the salaries of Parliamentarians would be the cure-all to endemic pilfering from the people’s coffers is a fallacy born in hell. Now do not get me wrong; I am not opposing a salary increase for persons in Parliament who carry out their functions with pride, diligence and due scrutiny; but to treat every Tom, Dick and Harry on an equal basis barely six months into their term smacks of irresponsibility with the people’s money. If one were to use the yardstick of the last
parliamentary sessions, one would have to conclude that not too many of those adorning the halls of Parliament earned even fifty percent of their designated salary. However, if we were to institute the recall of non-performing Parliamentarians, then we may obtain value for money. In so many ways, we never escape putting the cart before the horse! We are a small population near 400,000 souls. Many well-oiled and performing companies around the world are larger. All we need is a dozen enlightened men and women with passion, verve, wisdom and fortitude to run this nation and then we can afford to pay them handsomely. Our archaic and parliamentary system of governance serves only to perpetuate abuse at every level of
society with no one really being held responsible for any malfeasance. Remember too that the people’s money pays the Parliamentarians, and, thus, the citizens should have a say in what is paid to their employees in government. Therefore, if a select committee is appointed to discuss the issues of pros and cons for increases, that committee should include members of the public. If not, then we have the same old situation of city hall judging, awarding and rewarding itself. Finally, we, as a people, need at least one full year to establish whether the magnificent promise of “IT’S THE PEOPLE’S TIME” in anyway nears a reality. JOSEPH DARVILLE Tax Payer, Freeport
Meltdown of the PM EDITOR, The Tribune.
A LARGE number of Bahamians, inclusive of FNMs and PLPs supported and voted for the Free National Movement and it’s entire slate of candidates during the last general election. The former Prime Minister Perry Christie had become the most hated man in the nation, politically speaking. He had long ‘lost’ his way and was, at the latter part of his final term (thank God) merely posturing and exercising ‘cruise control’. Indeed, he was no longer checking for anything or, apparently, anyone. His apparent disconnect and insensitivity were great turn offs and played no small role in his ignoble rejection at the polls. Christie’s public pronouncements were markedly ‘different’ from what he actually did or did not do on the ground. He went over to the Cayman Islands and talked about accountability and transparency. He also, surprisingly, briefly touched on corruption and the measures he was implementing to minimise the same in The Bahamas. Events since the general elections have revealed evidence of gross corruption and malfeasance. The former PM had to have been fast asleep at the proverbial wheel while the vast majority of his cabinet acted and behaved as if they were ‘lords of all that they surveyed’. In Opposition, Christie said one thing. In office he said and did whatever popped into his head at any given time without, apparently, considering the fall out from a public policy initiative. It is now becoming apparent the current Prime Minister has now evolved into a Christie Lite clone. The FNM is shrouded in secrecy and there is no discernible accountability. Minnis is now known to be a terrible public speaker who, if he does not stick to the script handed to him by his omnipresent handlers, he is prone to go off on tangents unknown. In Opposition Minnis talked about no parliamentary pay increases ‘under my watch’; he vowed to bring The Freedom of Information Act into play. He went further and vowed to to release the sealed documents into the public domain relative to Baha Mar. Six months later nothing much has changed. The people of this wonderful nation massively rejected and voted down all of the proposed constitutional amendment bills, including the one which
LETTERS letters@tribunemedia.net would have allowed a married Bahamian woman to confer her Bahamian nationality on her child/ children born any where outside of our jurisdiction, even if the putative father holds a different nationality. This was done by a binding constitutional referendum - the highest source of legislation in the land. At that time, Minnis, despite having voted in favour of the four bills in the House of Assembly ‘advised’ Bahamians to ‘vote their conscience’ which was his code for ‘rejection’ but he lacked the coconuts to declare his ‘real’ stance. The rest is history. Now, six months into his term, Minnis and crew are proposing to grant via an amendment to The Immigration Act (which is subservient to the Independence Order, 1973) - citizenship at birth to a child/children born to a Bahamian mother, married or not, anywhere in the world. Citizenship! This, of course, would be ultra vires the Constitution and will attract all sorts of challenges. Minnis is seeking to govern and promulgate public policy initiatives by delegated legislation. Minnis’ team of legal advisors, led by Senator Carl W Bethell are on a dangerous run and one which will cause them to be rejected at the polls. To add insult to injury, they are not saying if the proposed amendment will be retroactive. This is a back door political manipulation which is doomed to fail. In opposition, Minnis said no pay increases. Upon coming to office, the FNM slashed and eliminated scores of jobs held by Bahamians. The ministers say they are getting rid of the slack and unnecessary people employed by the defunct Christie administration months before the elections or who would have retired and would have been brought back with big salaries and pensions. I have no problem with this. I do have a problem, however, with Minnis now saying he and the FNMs in parliament, along with the PLP, I presume, will be getting a raise come next year! Thousands of Bahamians, especially in Grand Bahama and New Providence are catching literal hell on earth, right now, but Minnis and his motley crew say ‘we need more money’. Public service the last time
I checked was just that: ‘public service’. Most of the current MPs clamoured to get elected because they said they wanted to ‘serve’ the people. Now Minnis, a declared multi millionaire, says they need ‘more money’. The FNM also said, in opposition, that VAT would be removed on specified ‘breadbasket’ items. That has yet to happen. Minnis has now ‘threatened’ illegals will be arrested and deported come December 31. Was he declaring, ignorantly, an amnesty, without parliamentary approval or was he, again without legal justification, ‘suspending’ the law of the land? Ingraham did it years ago, when he, unilaterally, ordered the ‘release’ of almost 100 Haitian detainees at the Detention Centre in 2010. We have not seen or heard from them since. Within days after that ‘threat’ Minnis and Minister Campbell had to rush down to a major Haitian church here in New Providence to ‘assure’ our brothers and sisters he was not talking about them, specifically, and that their regularisation was log overdue! Yet, within another few days, massive immigration stop-and-search were being conducted all over New Providence early in the mornings and in the dead of night. Minnis, clearly, is out of his depth and has absolutely no empathy for ‘real’ Bahamians. He and that MP for West End & Bimini were seen crying for the ravages inflicted on Dominica but they, collectively, have yet to shed a single tear for a single Bahamian. Our Defence Force vessel has now arrived down there with much needed supplies but, three years after great devastation in our own nation, thousands of Bahamians are still waiting for NEMA to come through. The FNM fooled us big time but, it ain’t as long as it used to be. Minnis and the FNM are melting down, right before our very eyes. They came into office with no workable agenda. They have now demonstrated they are aligned with the special interest and monied foreign elements. Despite the abject and fake posturing, I have no doubt Sarkis will reclaim Baha Mar early in 2018. He is that ‘real’ buyer, I suggest, alluded to by the then Leader of the Opposition, Dr Minnis. We, fellow Bahamians, inclusive of myself, got swung. ORTLAND H BODIE, Jr Nassau, November 5, 2017.
PAGE 8, Wednesday, November 8, 2017
THE TRIBUNE
DR Hubert Minnis - then in opposition - after voting in the constitutional referendum last year.
Where next for legislation on gender equality? P
RIME Minister Dr Hubert Minnis announced last week the current administration will amend legislation in order to allow Bahamian women to automatically transfer citizenship to their children at birth in the same way Bahamian men already do. At present, children born to Bahamian women and non-Bahamian men outside of The Bahamas must apply for Bahamian citizenship between the ages of 18 and 21, and registration as a Bahamian citizen is at the discretion of the Minister. The Bahamas Nationality Act — not the Immigration Act — speaks to the acquisition of Bahamian citizenship which, in many cases, must be granted by the Minister. By use of the word “automatically” in his statement, it appears Minnis means to amend the Bahamas Nationality Act so there is no application or, at the very least, no interference by the Minister. It is not clear how he intends to do this or the form the new process will take, but it is not “overturning” the referendum vote. Minnis has proposed a completely different action which will not have the same effect as a constitutional amendment. Recall the conversation about the constitutional referendum of 2016. The Constitutional Commission repeatedly made the distinction between the right to automatic citizenship and the right to apply for citizenship. While bill one — specific to Bahamian women married to non-Bahamian men being able to transfer citizenship to children born outside of The Bahamas — would have made citizenship automatic if it had passed, bill two — specific to Bahamian women transferring citizenship to their non-Bahamian husbands — would have allowed for an application process that would not have guaranteed citizenship. This is an important distinction to make and understand: the right to apply for citizenship is not the same as the right to acquire citizenship. Constitution vs. legislation Since 2014 when the constitutional referendum was announced, some insisted the same goal — equal rights to transfer citizenship
to spouses and children — could be achieved through legislation. They insisted the PLP administration, if it was serious about gender equality in citizenship, should just use the Bahamas Nationality Act to get the same results as a ‘yes’ vote in the referendum. They did not, however, acknowledge the difference between the constitution and legislation. The constitution is supreme law. Article two states, “This Constitution is the supreme law of the Commonwealth of The Bahamas and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.” Legislation, such as the Bahamas Nationality Act, fits the “other law” category. This means what is written in the constitution overrides any legislation. That is why it was important to go through the referendum process, making an effort to change the constitution so gender equality in the right to transfer citizenship would exist in supreme law rather than in the Bahamas Nationality Act (which is superseded by the constitution). What if the Bahamas Nationality Act is amended to allow children born outside of The Bahamas to Bahamian women married to non-Bahamian men to automatically access Bahamian citizenship? In theory, it would be great. There would be no need for applications to the Minister, more paperwork going through Cabinet, or waiting for the age of 18. What if, however, there is a legal challenge? What if someone, or a group, decides it is not constitutional? If taken to court, based on Article two of the constitution, we know supreme law holds. This means Article nine — which says those “born legitimately outside The Bahamas after 9th July 1973 whose mother is
a citizen of The Bahamas shall entitled, upon making application on his attaining the age of eighteen years and before he attains the age if twenty-one years… to be registered as a citizen of The Bahamas” — would carry more weight than any allowance made in the Bahamas Nationality Act. No change the current administration makes to legislation is the final word. This is the reason the previous administration spent money and other resources on the constitutional referendum of 2016. Is it a step? Maybe. Is it a cure-all? Not at all. Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) Many Bahamians were first introduced to CEDAW after the 2014 announcement of the constitutional referendum. CEDAW was adopted by the United Nations General Assembly in 1979 and ratified by The Bahamas in 1993. Though we have signed the convention, The Bahamas has made reservations on some Articles including 2(a) on the elimination of discrimination against women in “national constitutions or other appropriate legislation”. This reservation exists because while Article 26 of the constitution is on protection from discrimination, it does not list sex as a prohibited ground for discrimination and cannot be changed without a simple majority vote by Bahamian citizens. Article 54 of the constitution states changes to Article 26 — along with many others including 8, 10, and 14 which relate to transfer of citizenship and were included in the 2016 referendum — can only be made following a vote of at least three-quarters of both Houses and a simple majority of eligible Bahamian citizens. The Bahamas also reserved on Article 9 of
CEDAW on equal nationality rights including the ability to acquire, change, or retain nationality and the same rights with respect to their children’s nationality. Both CEDAW and The Government of The Bahamas recognise the constitution as supreme law and understand the process of changing it. This is at least a part of the reason for The Bahamas’ reservation on the two Articles mentioned here, the decision to go to referendum in 2016, and the response from the Constitutional Commission to the argument that legislation would get the good done just as well. Power of the Houses It is critical we understand democracy, governance, law, and power. It is difficult to participate in national discussions without an understanding of the constitution, legislation and how they can be changed. Legislation is being tabled and amended on a regular basis, largely without the public’s attention, much less understanding or agreement. We need to pay more attention to what our Members of Parliament are doing, especially if they are looking to increase their own salaries. “The People’s Time” can’t just be a snappy slogan; it needs to be a way of life. The people need to set the agenda, supervise our employees, and actively participate in democracy. It is easy to see Minnis’ announcement as a victory for those of us who wanted a ‘yes’ vote in 2016. It is easy to become distracted by seemingly benevolent actions and to be assuaged by convincing rhetoric. We need to ask questions. What difference will legislative amendments make? How is this administration acting to shift culture? Does the current composition of Parliament or the Senate reflect an interest in gender parity? How can we learn more about our constitution and existing legislation? Who is the government, and who is responsible for protecting democracy? Where does the power really sit, and it is being used effectively? How have we contributed to the current political environment? Are we ready to change it?
PAGE 10, Wednesday, November 8, 2017
THE TRIBUNE
Union chief backs plans to raise salaries of MPs By SANCHESKA DORSETT Tribune Staff Reporter sdorsett@tribunemedia.net MEMBERS of Parliament should make a minimum of $60,000 a year, according to Bahamas Electrical Workers Union (BEWU) President Paul Maynard, who said the prime minister’s salary should also be raised to $200,000 a year. In an interview with The Tribune, Mr Maynard, who is also the vice president of the National Congress of Trade Unions Bahamas (NCTUB) said pay increases for parliamentarians is “long overdue.” He said MPs cannot live and do their jobs effectively on $28,000 a year. Mr Maynard also said ministers of the government should be paid “at least $100,000”. The prime minister’s salary is currently $86,000 a year and senior ministers of the government earn $66,000. State ministers receive $60,000.
Mr Maynard also said Prime Minister Dr Hubert Minnis was “dead wrong” when he opposed the salary increases in 2014 and now the issue is coming back to “haunt him”. “I don’t see what the big deal is, pay the people what they need to be paid. I support the increase because you cannot expect them to work for $28,000,” Mr Maynard told The Tribune. “I believe an MP should get at least $60,000. Dr Minnis was wrong back in 2014 when he run on with foolishness about the proposed pay increases. He should have never done that - now it’s coming back to haunt him. This issue needed to be sorted out back then and it needs to be sorted out now. Everyone keeps saying it’s never the right time, well it will never be the damn right time. It will never be done if we wait. “Give Cabinet ministers $100,000. My minister (Minister of Works Desmond Bannister) makes (less than $100,000). Well the CEO
of Bahamas Power and Light (BPL) makes over $200,000. The general manager at Water and Sewerage makes $150,000. The permanent secretaries make more than the ministers and the ministers are in charge. That is not right. Now is the time and while you are at it, increase the prime minister’s salary to $200,000, that’s my opinion.” When asked where the money for the increased salaries will come from, Mr Maynard said: “Trust me, they aren’t broke, if they want salary increases they will find the money.” Last week, Dr Minnis announced his administration will raise the salaries of Members of Parliament in the next fiscal year. His position is a turnabout from 2014 when, in response to the Christie administration’s desire for the same thing, he said: “As long as I am leader of this country, the FNM would not support any pay increase with all the pain and suffering that is going
PAUL MAYNARD on in this country.” Since 2014, economic growth remains slow and the Minnis administration frequently laments the state of the country’s finances and the unemployment rate remains high. In 2014, the Christie administration’s establishment of a parliamentary select committee to consider a salary increase for parliamentarians was widely criticised. It came
mid-term as that administration’s popularity began to wane; the plan was ultimately scratched and MPs’ salaries remained the same. At the time, Dr Minnis told the Nassau Guardian: “The FNM has not agreed to any salary increase. “The FNM has agreed to refer it to an independent committee who would look at it. But under these austerity measures that we’re seeing today and hard times
that Bahamians are experiencing, the FNM cannot agree, even if the report comes back, cannot agree at this particular time for any increase when many people outside are suffering, cannot pay their bills, are underpaid.” The Progressive Liberal Party (PLP) has said the party does not support the proposed salary increases under the Minnis administration.
DAMES: ECONOMY EXPECTED TO BE STRONGER WHEN RAISE COMES IN By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net NATIONAL Security Minister Marvin Dames yesterday defended Prime Minister Dr Hubert Minnis’ proposed salary increase for Members of Parliament insisting critics should be realistic and not “politicise” the issue. He added he uses a portion of his salary to help constituents in Mount Moriah and also said the government expects the economy to be stronger next year, when the prime minister has said he will introduce the raise. The Minnis administration has been the target of fiery criticism
since Dr Minnis last week announced that in the next budget he would present an increase for MPs who currently are paid $28,000 a year. The prime minister also said an independent committee would be formed to look at all salary structures for government entities. This portion of the prime minister’s comments seems to be missing from national discourse, Mr Dames told The Tribune yesterday shortly before heading into the morning session of Cabinet. “(The prime minister) did not single out MPs,” Mr Dames said. “We are going to take a look at raises across the board. If we say now that we are
going to take an aggressive approach towards corruption what the prime minister is saying is that the $28,000 I’m giving you I know that may not be sufficient but here is what we’re saying, we are going to review that to see whether that is in line with the region and the other parts of the world. “But if it isn’t, we’ll bring that up. But we’re not only referring to MPs, people have a way to politicise stuff. Not only MPs’ salaries, we are talking about salaries across the board. “And the prime minister said next year and so we are confident that our economy will continue to grow and maybe there will be an
opportunity to review MPs’ salaries and every other person’s salaries.” The Mount Moriah MP added: “If you talking about salaries, we have people within the service who are making hundreds of thousands of dollars, three or four or maybe five times as (much as) MPs and not even working as hard. So we need to cut the politics out of it and look at the reality.” He said this was a part of the government’s strategy to curb the occurrence of corruption. “Because as the prime minister says once we do that then I am saying to you, my ministers and everyone else there is no need for you to be going around
the corner to be taking $10,000, $20,000 or $30,000 because I am coming after you but I am saying I want to make it fair. “From my personal perspective with my salary, in addition to having my own financial obligations, I ensure that a portion of that goes to helping people in my constituency because I think that’s the right thing to do because when people don’t have and you have a little more, you want to help them. We need to look at it from a realistic stand point.” This comes after Works Minister Desmond Bannister told The Nassau Guardian on Monday a review of MPs’ salaries is long overdue. He
applauded the prime minister for addressing the controversial issue. Dr Minnis has been heavily criticised over the issue because he was against the same matter three years ago while in opposition. Back in 2014 and in response to the Christie administration’s desire for the same thing, he said: “As long as I am leader of this country, the FNM would not support any pay increase with all the pain and suffering that is going on in this country.” Since 2014, economic growth remains slow and the Minnis administration frequently laments the state of the country’s finances and the unemployment rate remains high.
CONCERN OVER ALLEGED MISTREATMENT OF DETAINEES By AVA TURNQUEST Tribune Chief Reporter aturnquest@tribunemedia.net
RIGHTS Bahamas (RB) yesterday renewed criticisms over the illegality of detention at the Carmichael Road Detention Centre
(CRDC), raising alarm over recent allegations of mistreatment by guards. The advocacy group, formerly known as the Grand Bahama Human Rights Association, called on the government to set up an independent body
to investigate claims as it detailed “disturbing reports” of cruel and degrading treatment of migrants, as well as visitors to the facility. In a statement yesterday, it was alleged visits are arbitrarily shortened by guards
and that all all conversations between detainees and visitors must be conducted in English. However, CRDC Superintendent Peter Joseph yesterday told The Tribune anecdotal reports did not represent standard operational procedures but were likely linked to security concerns. The RB statement yesterday read: “Relatives have complained of cruel and degrading behaviour by staff at the centre, for example the practice of arbitrarily shortening visiting periods from the scheduled three hours to only a few minutes. The result is that many of those waiting are granted no visit at all. We are told that anyone who complains has their visit ended immediately.” It continued: “English is not the first language of many of the individuals in the centre, yet we are told that guards demand that the visits be conducted in English. Failure to comply results in the immediate termination of the visit. “Visitors are allowed to bring food to the detainees, however it has been reported that many do not receive some or all of what is left for them from the guards. “We are told that complaints regarding the above behaviour tend to be met with degrading and xenophobic remarks by the guards.” RB suggested the independent committee could be drawn from various local advocacy groups and report its findings to Cabinet. The group warned the government was already under precautionary measures from the Inter-American Commission on Human Rights (IACHR), stemming from earlier testimony over the inhuman and degrading conditions at the facility.
“Thanks to the recent announcement of yet another immigration crackdown on December 31,” the RB statement read, “international human rights groups are once again scrutinising The Bahamas closely over how it handles issue of undocumented migration. We urge the Minnis administration to step in and address the serious problems at the Detention Centre before our international reputation suffers further damage.” It added: “We also remind the government that the Detention Centre remains an illegal facility, operating outside the rule of law. Its existence is not legitimated by any act of Parliament and those who run it remain, in statutory terms, answerable to no one.” When contacted yesterday, Mr Joseph said he was not aware of any specific issues with visits to the centre and also confirmed it was not mandatory for migrants and visitors to speak only in English. “The visits are not private,” he said. “It’s in an open area, so there may be a situation from time to time where you may have a security issue, in that we know certain nationals may try to make plans to escape. “If we see a security risk then we’re going to address it. We have visitation days and drop off days, and I’m actually minded to combine the two. That way when you bring the food, you carry it in yourself, and give it to them yourself, then we can get out of this altogether, the claims that things aren’t being given.” As of yesterday, there were 163 migrants detained at the CRDC with plans for a repatriation exercise within the next two weeks, Mr Joseph said. In August, The Tribune toured the Carmichael
Road compound with Mr Joseph, who addressed allegations and criticisms leveled against operations at the facility, specifically the processing and treatment of migrants. Mr Joseph forecast a number of initiatives at the time to improve conditions at the facility, namely the construction of a medical clinic and refusal dorms, and the refurbishment of existing dorms; and scheduled projects to create an exercise and recreational space; and to outfit and reopen the onsite kitchen. Giving an update yesterday, Mr Joseph said construction of the medical clinic was advancing on schedule with still just three dorms to house migrants until it’s completed. New beds were expected to be installed before the end of the month. There are four dorms at the facility with a maximum capacity of 80 people; however, one dorm is currently being used as a temporary medical clinic. Two dorms are designated for men, and one dorm is reserved for women. Mr Joseph told The Tribune he hopes to get started on reopening the onsite kitchen but is awaiting necessary approvals. “Central food delivery is prepared at COB,” he said, “and the complaint, especially in the mornings is that the breakfast is arriving too late and it’s cold by the time it reaches (inmates). So hopefully once we get the onsite kitchen opened up, we can address that issue.” The estimated cost of housing migrants at the CRDC is $30 per migrant per day, according to Immigration Director William Pratt, who told The Tribune in August that sum was calculated several years ago and is likely to be out of date.
THE TRIBUNE
Wednesday, November 8, 2017, PAGE 11
VASYLI BIDS TO AVOID RETRIAL By RICARDO WELLS Tribune Staff Reporter rwells@tribunemedia.net
THE Court of Appeal yesterday granted Donna Vasyli leave to pursue her case to the Privy Council in London as she fights against a retrial for the murder of her husband two years ago. Vasyli, 57, had her guilty verdict concerning the March 24, 2015 murder of her Australian podiatrist husband, Phillip Vasyli, quashed by the Court of Appeal in August and a retrial was ordered. One week later, she was granted $250,000 bail by the Supreme Court. The Court of Appeal ruled yesterday that leave would be granted pursuant to the usual provisions, namely on the condition
that Vasyli enter a security in the amount of $2,861 to furnish the cost of her application. Additionally, Vasyli and her legal team would also be required to procure the preparation of all related records and have them dispatched to the Privy Council. In the Court of Appeal’s 71-page judgment in August, President Justice Dame Anita Allen said she was of the view the jury was possibly left with the impression, as suggested by counsel for the prosecution in its closing address, that the appellant lied about her clothing and the functionality of the cameras to conceal the murder of her husband. This, she said, resulted in a clear danger that the jury might regard the lies of
the appellant as probative of her guilt and warranted the judge to give a Lucas direction on the significance of lies. Justice Jon Isaacs expressed concern that manslaughter by provocation was not left to the jury as an option while Justice Stella Crane-Scott dissented on the necessity of a retrial entirely given the inconclusive state of the circumstantial evidence. However, her colleagues believed a retrial was in the interest of justice. Vasyli was initially convicted in October 2015 of stabbing to death her husband at their Old Fort Bay home. She was later sentenced to 20 years in prison. Vasyli was expected to be retried in January 2018.
DONNA Vasyli outside the Court of Appeal yesterday.
Photo: Terrel W. Carey/Tribune Staff
Dames unveils crime offensive By KHRISNA RUSSELL Deputy Chief Reporter krussell@tribunemedia.net
MINISTER of National Security Marvin Dames said the Minnis administration is “not sleeping behind the wheel” as he outlined how the government intends to ramp up crime fighting initiatives by implementing gun detection technology in addition to CCTV in inner city communities. The Mt Moriah MP said the government remains resolute in targeting offenders who believe they are above the law, adding these criminals will be found wherever they are. This comes amid a slowdown of murders in the country. According to The Tribune’s records, there have been 117 murders for the year, with the last reported incident on October 26 when a woman’s
partially decomposed body was found in bushes in Abaco. Police opened a murder investigation and a man has been arraigned in connection with her death. On Monday night, police said they found a badly decomposed body in Grand Bahama, but the deceased’s gender and cause of death is still to be established. “We are very confident in what we are proposing in terms of initiatives,” Mr Dames told The Tribune yesterday ahead of the morning Cabinet meeting. He added: “Officers of the police force continue on a daily basis to seize weapons, address the problem of drugs within these communities, continue to arrest those persons who are selling drugs and trafficking drugs, continuing to arrest those persons who are selling fire arms and trafficking firearms, continuing to
focus on these gangs and continuing to look at ways to steer our young people away from gangs. “There is no abetting. We are resolute and we are going after those persons who feel that they are above the law who feel that they can take on the law but we have a message for them that we are determined to find them wherever they are. “Just over the weekend from Friday to Sunday between 15 to 18 weapons were taken off of the streets.” According to Mr Dames, while the government focuses on the enforcement side of the crime problem, the issue has festered because of decades of neglect. He said the Minnis administration has undertaken a well co-ordinated and structured approach. The Royal Bahamas
Police Force has also recently completed its manpower assessment, Mr Dames said. This will determine whether additional police stations are needed and if certain divisions are adequately staffed to handle the demand. “So we are looking at ways to get into these communities and to work with families to work with our young people to find wholesome activities to keep them occupied (and) to teach them the importance of respect and so we are working from a ministerial level. That is we have a ministerial committee that is comprising national security, youth, education, social services, Ministry of Works and the Attorney General’s Office and so we are looking at ways to break down those walls that separate us so that we can work
collectively together. “And we are working as well with civil society. I have met with the Christian Council. I have met with business people. We are getting ready to form a national council that will look at these issues and we are looking at Dr (David) Allen to be the chairman of that council. He and I have had a series of meetings since we came to office. We are looking too at the mental health aspect as it relates to crime. We have many people walking the streets with mental issues that we have yet to identify. “We have been aggressively working on CCTV. So very shortly you will see us rolling it out in some of the communities maybe early in the New Year. And not only CCTV, but also gun detection technology, so we will be able to detect
who is firing firearms and be able to triangulate where that individual is. “So we are looking at analytics. So when crimes occur the cameras are strong enough to zero in on them. We are looking at a national drone programme and how can we shore-up our ports to mitigate the firearms coming through. “So the idea is coordinated patrols and communication. We are not sleeping behind the wheel, there are a lot of things taking place behind the scenes.” The Ministry of National Security also plans to roll out a national neighbourhood watch council that will bring all crime watch groups in the country together collectively. The initiative will train those involved to do more in their communities.
FAMILY OF MISSING WOMAN STILL HOPE DESPITE BODY FIND
By DENISE MAYCOCK Tribune Freeport Reporter dmaycock@tribunemedia.net
THE family of a Grand Bahama woman missing since were last night desperately hoping she would be found safe and well. Yvette Green, 50, has been missing since October 30 and there were fears last night a decomposed body found on Monday evening may be hers. Island administrator Brenda Colebrooke, who is a close relative, said that Ms Green reportedly left work at Coca Cola around 11am last Monday but never arrived at her home in Hudson Estates,
Freeport. She said the family is very distraught and upset, especially after learning news of the body discovered Monday evening by police in the eastern area of Grand Bahama. “The family is not doing well at all, and we just got word that the decomposed body found is believed to be hers,” Ms Colebrooke told The Tribune. “Yvette is a very happy go lucky person; she never bother with anyone, and it is very out of character for her not to show up at home.” Ms Greene, who works as janitress and lives on Melbourne Crest, was last
seen in the downtown area on October 29. On Monday, family members distributed a missing person’s poster of Ms Green, who is about 5ft 6in tall, of average build and weighs about 130lbs. She has a dark brown complexion, brown eyes and her hair is braided with brown, pink, and black extensions. She also has a small scar across the right side of her face. Her daughter Shari Green has appealed for information concerning her mother’s whereabouts. According to Shari this is the first time her mother has not returned home from work. She also said
she was not aware of her mother having any medical condition. A poster of Ms Green was also posted on social media. Many peoples responded to the post on Facebook, praying for her safe return. One Facebook user claimed they saw Ms Green at the National Insurance Board a few days ago. Asst Supt Terecita Pinder said police are awaiting the results of an autopsy to determine the identity and cause of death. Police are appealing to anyone with information that can assist them with their investigations to call 242-350-3107/12 or call the nearest police station.
POLICE at the scene where a body was found on Monday in Grand Bahama. Photo: Vandyke Hepburn
PAGE 12, Wednesday, November 8, 2017
THE TRIBUNE
YOUNGSTERS pictured during the visit of the Cuban Ambassador to The Bahamas, Ismara Vargas Walter, to Doris Johnson Senior High School yesterday.
Cuban ambassador in visit to high school
Photos: Shawn Hanna/Tribune Staff
CUBAN Ambassador Ismara Vargas Walter at Doris Johnson Senior High School at a special assembly yesterday speaking about Spanish and promoting the language in schools.
sale 20
THANKSGIVING STOREWIDE
% OFF
PAINT WITH CONFIDENCE
QUALITY PAINT AND
EXPERT ADVICE FROM NICHOLAS
SANDYPORT 327.8958 I BILNEY LANE 394.2213 I ABACO 367.2271 paintplc@coralwave.com I thepaintplacebahamas.com
DEMOCRAT VICTORIES SEEN AS REBUKE TO PRESIDENT RICHMOND, VIRGINIA Associated Press
VOTERS in Virginia and New Jersey gave Democratic gubernatorial candidates large victories Tuesday and sent a clear message of rebuke to Republican President Donald Trump. In Virginia’s hard-fought contest, Democratic Lt Gov Ralph Northam defeated Republican Ed Gillespie. In New Jersey, front-running Democrat Phil Murphy trounced Republican Lt Gov Kim Guadagno to succeed unpopular GOP Gov Chris Christie. The victors said Tuesday’s electoral results had far-reaching repercussions in a sharply divided country. “Virginia has told us to end the divisiveness, that we do not condone hatred and bigotry,” Northam said. “The days of division are over. We will move forward,” Murphy said in his own victory speech, invoking Trump by name as he looked headed to a double digit win. Murphy, who earned a fortune at Goldman Sachs before serving as Barack Obama’s ambassador to Germany, delivered his address in the same spot as Christie in his 2013 reelection — after Christie won big over his Democratic rival.
The wins in both states are a morale boost to Democrats who had so far been unable to channel antiTrump energy into success at the ballot box in a major election this year. “The people are gonna rise up. They’re not gonna take what he says and this is not fake news,” said Leanna Barnes, a 76-year-old from East Orange, New Jersey, who voted for Murphy and called his victory a message to the president. Northam, the state’s lieutenant governor, repeatedly sought during long months of divisive campaigning to tie Gillespie to the president. Gillespie, meanwhile, sought to keep Trump at a distance throughout the campaign but tried to rally the president’s supporters with hard-edge attack ads focused on illegal immigration and preserving Confederate statues. Trump lent limited pre-election support to Gillespie with robocalls and tweets. But after Tuesday’s loss, Trump suggested that Gillespie hurt himself by not more closely aligning himself with the president. “Ed Gillespie worked hard but did not embrace me or what I stand for,” Trump said in a tweet after Northam won.
VIRGINIA Gov-elect Ralph Northam walks onstage to celebrate his election at the Northam For Governor election night party.