Commission of Inquiry into Corruption by Elected Members of
The Legislature of the Turks & Caicos Islands

As Delivered Notes of Robin Auld for Press Conference
at the Sands Hotel, Providenciales on Tuesday, 15 July 2008

1. You know why I am here – to look into possible corruption or other serious dishonesty on the part of past and present elected members of the Territory’s Legislature, now the House of Assembly and formerly its Legislative Council. I hope that everyone here has copies of the Governor’s Press Statement, including the Inquiry’s Terms of Reference. As you can see, he has appointed me to do this job under the Territory’s Commissions of Inquiry Ordinance.

2. Although it is an “Inquiry” within the meaning of that Ordinance, it should be plain from the wording of the Terms of Reference, that it is, for the moment, an inquiry into whether there is a need for a further and more searching investigation of what may have been going on in the government of this Territory. That could be by the Commission itself, the Police or some other public or regulatory body - such as the new Integrity Commission.

3. As the Governor has indicated, we are where we are as a result of an increasing volume of disturbing allegations made publicly and privately and in some instances - allegedly out of fear - anonymously. These allegations, if true, could undermine the democratic process and integrity of public administration in these Islands. They could also seriously damage the sinews of commerce and environmental protection on which their continued development, reputation and welfare depend.

4. If there turns out to be possible substance to them, they willneed further attention. If not, I shall say so and go home. Or there may be a middle outcome in which, though little possible serious criminality is involved, there is scope for tightening up legislative and administrative controls.

5. In the few days since my appointment, I have not been able to detail all the procedure that I shall follow. Apart from anything else, I need to talk to the Secretary and Counsel to the Commission - both shortly to be appointed – about what I need to read, where to look and how I should go about organizing and analyzing the material I find.

6. There are, of course, some obvious immediate pointers, apart from considerable media coverage and what is on the internet. There is the information provided to the Governor, to which he referred in his press statement; the published proceedings and recent report of the UK Parliamentary Foreign Affairs Committee; with the consent of those who provided information to the Committee, that information; and, I hope, as the Inquiry gets under way submissions, either way, from the public.

7. I shall then need to decide – before the end of this month I hope – how to seek further information, and from whom, on the issues raised by the Terms of Reference. I must also consider, and review from time to time what use, if any, to make of the extensive powers provided by the Ordinance to compel the production of information and material.

8. But for the moment and in the early stages, I hope to go about it, as far as possible, by e-mail and/or post, not by way of a formal court-type process. For the purpose, I shall establish in the next week or so an Inquiry web-site, internet and postal addresses and a dedicated telephone line for the Secretariat of the Commission, to which I shall give full publicity in every way I can. For those who wish to provide information in confidence and are uneasy about any such methods of communication, information may be provided if necessary by Fedex or DHL at the cost of the Commission.

9. I shall set up with the Secretary and Counsel to the Commission a rigorous system for honouring and ensuring confidentiality. Information given to me, whether or not given in confidence, is, by section 14(3) of the Ordinance, absolutely privileged and cannot be the subject of proceedings in any court against the person giving it.

10. Early on, the Secretary to the Commission will, by media announcements and on the web-site and by the internet invite members of the general public to volunteer in writing (preferably by e-mail) or post or telephone to the Secretary information and any written material relevant to its Terms of Reference. In every case the Secretary will ask whether the information sought should be treated as confidential.

11. At about the same time or shortly afterwards, the Secretary will write to persons who may have particular means of knowledge or who may be implicated by information already before the Commission. She or he will seek specific information and, where appropriate, written material and documents or records. In each such case, common justice requires that I should inform those who may be so implicated of the gist of any information before me suggesting such knowledge or implication - though not, where that information has been given in confidence, its source or anything that might suggest its source.

12. The next stage – appropriate to persons whom I may wish to see or to give evidence - will be to invite them to give information orally, which may be in the form of evidence on oath or by way of affirmation. Any information or evidence given by a witness in such a proceeding or otherwise, is not admissible against her or him - as distinct from against any other person - in any civil or criminal proceedings except for perjury or contempt. That does not mean that the witness is immune from subsequent criminal proceedings, if there are any, prompted by otherinformation or evidence arising in the Inquiry.

13. Where there are formal hearings, whether in public or in camera, the evidence in each will be led by Counsel to the Inquiry. And it will be subject to questioning, if requested, by legal representatives instructed on behalf of any witness; and/or possibly on behalf of other parties.

14. In all of this, I shall have to take care that the way in which I conduct the Inquiry does not risk prejudicing the fairness of any subsequent trial of defendants to any such proceedings.

15. The Ordinance, in s.4(1)(g), enables meto award “any person attending before the Commission such sum as in” my “opinion … represents the loss to that person occasioned by the time spent in such attendance” This seems to me to be directed mainly at loss of earnings. I have quoted the words of that provision to underline my understanding that it does not appear to cover the cost of representation allowed by the Ordinance for any witness whose conduct is “the subject of [the] Inquiry or who is “implicated in or concerned in the subject matter of the inquiry” (s.7(1)).

16. In all of this, I hope to have the full cooperation of those asked to assist the Inquiry. Those Ministers and Members of the House or Assembly, or Members of the former Legislative Council who have nothing to fear from the truth should have no need to withhold the true source of their capital and income on any issue relevant to the Inquiry. As I am concerned with Ministers and elected Members of the Legislature whose remit is the honest stewardship of their public responsibilities to the people of these Islands, there should be no need for me to have recourse to the wide powers given to me by the Ordinance to compel disclosure.

17. The next and final stage will be for me to write a report and make recommendations as provided by the Commission’s Terms of Reference. In doing that, I shall keep well in mind the publicly desirable tentative nature of the Inquiry at this stage. I shall concentrate on matters of real substance and importance to the present and future well-being of the Territory.

18. I have probably missed a number of important matters that I should have mentioned today. And, as the Inquiry gets under way, I shall, no doubt,think of more or be prompted by representations to change this or that. If so, I shall give proper notice to all or those concerned and do it, I hope, in a way that is fair. Depending upon the level of cooperation I receive from those who may be implicated or concerned in the subject of the Inquiry, four months may not be long enough to complete the task. If that turns out to be the case, I shall ask the new Governor for an extension of time to complete it.

19. As a post-script, I should tell you that, late last evening, I became aware of a proposed claim for judicial review issued on behalf of two members of the House of Assembly, Royal Robinson and Samuel Bean. They seek, among other things torestrain me from “proceeding with the Commission of Inquiry”. I shall take legal advice on the claim and will abide by any order of the Court if and when given. In the meantime, I shall continue to inquire into possible acts of corruption and/or other serious dishonesty on the part of past and present elected members of the Legislature of this Territory in accordance with my Terms of Reference.