Antigua-Barbuda Cabinet issues statement on APUA investigation

Monday,  January 9, 2006

ST JOHN'S, Antigua: According to a press statement released Friday, the Antigua and Barbuda Cabinet has been considering the Report in respect of the Public Utilities Authority submitted by Mr. Don Mitchell CBE, QC, on December 14, 2005 following his appointment as the sole investigator on November 21, 2005. 

The Report addresses Mr. Mitchell's findings under the five terms of reference of the investigation and makes twelve recommendations following his interview of persons whom he invited to meet with him. 

The persons interviewed included the former APUA Commissioners, APUA General Manager Leon Chaku Symister and eight divisional managers, media persons, and members of Opposition parties. Of Government Ministers, only Wilmoth Daniel, Dr. Edmond Mansoor, and Senator Aziz Hadeed were extended invitations and duly attended on the investigator.

On its preliminary review, the Cabinet says that it accepts in principle certain of the recommendations which it considers to be in the interest of the good governance of APUA and of general application to other statutory authorities and their adoption of best business and management practices. 

The suggestion that workshops and seminars be held from time to time to reinforce proper procedure and good corporate governance is of eminent importance as this Administration seeks to arrest two decades of general decline in the public service and to establish and encourage high standards of performance among public officers.

The Cabinet however, goes on to say that it has some difficulty with some of the recommendations in light of the apparently unsupported findings on which these recommendations are based, particularly where both the findings and the recommendations appear to fall outside the scope of the terms of reference of the investigation. 

Similarly, the Cabinet has apparently found inconsistencies and conflicting statements in the findings of the investigator which necessitate further examination and assessment and which may be the subject of qualified comment by the Cabinet on completion of its review.

At its weekly meeting held on Friday November 4, 2005, the Cabinet resolved to terminate the appointments of the APUA Commissioners, having considered the growing controversy which surrounded the operations of APUA and its adverse effect on the continued good governance of APUA and had further resolved that it was in the national interest to mount an investigation into the matters relating to the controversy. 

The Cabinet says that it therefore views with dismay and concern the investigator's finding that the decision to terminate the appointment of the Commissioners had given rise to a "widely-voiced suspicion that pressure was brought to bear to have the Commissioners dismissed in order to ensure that the APUA funding investigation did not continue". 

This viewpoint is said to be without foundation, since the Cabinet had never been advised that a forensic audit or a formal investigation had been launched or was being conducted by the APUA Commissioners. 

The Cabinet recognises the legal authority of any statutory authority to independently launch an investigation on any aspect of its operations and/or management where the authority considers it desirable, and says that the Government has no intention of discontinuing any investigation into APUA Funding which pre-dates this Administration.

As it continues with its in-depth review of the Report, the Cabinet has determined to issue this general overview pending its detailed response which it says will be released to the public along with the Report shortly.

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