Molwyn Claims Unnatural Justice

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Monday, 09 July 2012 02:30

By caribarena news

Antigua St. john's - Following the decision of the Cabinet to appointment a Sub-Committee of the Cabinet to study the Wadadli Power Plant, Caribarena interviewed the Hon. MP Molwyn Joseph to get his view of the Cabinet's decision. The Full interview is printed below:

Question: How do you feel about the Government's decision to establish a Cabinet Sub-committee to study the Wadadli Power Plant?

Answer: I feel that this step by the Government is an attempt to cover up the deeds of its officials. This Sub-Committee is riddled with Conflicts of Interest. Additionally, the principle of collective responsibility is being broken. This principle clearly states that, when the Cabinet makes a decision, every member of the Cabinet is equally responsible.

The decision to enter into a transaction to purchase the Chinese Power Plant must be seen as a Cabinet decision. Therefore, what the Cabinet has done is establish a sub-committee made up of members of the Cabinet to review its own (Cabinet) actions, and to judge whether or not anything was done inappropriately with regards to the Wadadli Power Plant. Effectively, the Cabinet is investigating itself.


Question: You mentioned that the Sub-Committee is "riddled with Conflicts of Interest". What Conflicts of Interest do you see in the Sub-Committee?

Answer: In 2008, then Minister of Finance and now Minister of National Security Hon. Dr. Errol Cort signed the Concessional Loan Agreement with the EXIM bank for financing the Wadadli Power Plant.

The current Minister of Finance, Hon. Harold Lovell, has also signed a loan agreement with the EXIM bank for the building of a Sub-Station. The question is, how could these two men, who played such an integral role in the arrangement for financing these two projects, serve on a Cabinet Sub-Committee and be expected to act objectively?

Every law student and certainly anyone who has graduated from Law school would have learned two fundamental principles of natural justice, one of which applies in this situation. I refer to the principle that a person cannot be a judge in their own case, or a case in which they have an interest (Nemo iudex in causa sua).

The Hon. Errol Cort and Hon. Harold Lovell both graduated from internationally respected law schools, and are undoubtedly aware of this principle of natural justice. They are aware that, being on this Sub-Committee, they are expected to determine if their own actions ought to be investigated.

This is a clear Conflict of Interest and a violation of Natural Justice, and I do not understand how they agreed to accept these positions. The general public has been placed at a disadvantage since it's unlikely that these men would act against their own political interest.


Question: What do you think about the Attorney General's performance in this matter (Wadadli Power Plant)?

Answer: The silence of the Attorney General Justin Simon is one of the most troubling aspects of this whole saga. The AG is the Government's Chief Legal Advisor, a position that is established and enshrined in our Constitution.

I have not seen, nor am I aware of, any evidence that the AG has been involved in the negotiations and the consummation of agreements relating to the Wadadli Power Plant or the Sub-Station. The AG has not indicated so publicly, and his signature does not appear on any of the documents that have been released. There is no evidence that he or his office has vetted any of the agreements.


Question: What responsibilities or tasks does the AG's office have in this matter?

Answer: All agreements are expected to be vetted by the AG's office. I cannot imagine a situation where the Minister of Finance would sign a loan agreement that has not been vetted by the AG.

For instance, it would be unthinkable that the BCEG agreement would be signed by APUA without being vetted by the AG, especially considering the large quantum of money involved ($142 million EC dollars).

If the cabinet was really serious about making an impression that it intends to be transparent and accountable, then it would be the AG's responsibility to advise the Cabinet whether or not there would be enough evidence to justify a Commission of Inquiry.

Justin Simon is considered to be the chief legal advisor to the government, which means that he is expected to pursue an independent path so far as the legal undertakings of the government are concerned.


Question: Can the Prime Minister bypass the Attorney General?

Answer: The PM ought not to bypass the Attorney General, since the constitution established the Attorney General as the chief legal advisor to the Government it is expected that his advice would be sought at all times.

For the Prime Minister to bypass the Attorney General, it would be a violation of our Constitution.

Again, I reiterate the PM must always seek the legal advice of the AG. The aspect of the apparent non-involvement of the Attorney General and his silence can only be cured in the public's interest by him appearing before a commission of inquiry to explain his non-involvement and silence about the Wadadli Power Plant.


Question: What steps should the Government take to best resolve this situation?

Answer: The only solution to this matter is, once again, the Governor General must live up to her legal responsibilities and initiate a commission of inquiry immediately.

Following the earlier decision of the GG that a Commission of Inquiry is unnecessary, many new developments have revealed more factual evidence that the Government and People of Antigua and Barbuda have not received value for money, and that the plant is made up of old engines.

This was further confirmed by a Member of the Baldwin Spencer Cabinet. It therefore follows that the GG must seriously reconsider her earlier decision not to initiate a Commission of Inquiry. The Government and the GG need to realize that this issue is beyond being covered up or swept under the carpet.

The people of Antigua and Barbuda will not allow the WPP to become a sequel of the Fences scandal, in which no one has been held accountable.

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The Prime Minister himself has publicly acknowledged that several of these engines have broken down at the same time and must accept that this is not normal for a brand new power plant.

The Cabinet therefore needs to discard the view that everything is under control and normal, in the circumstance where within 9 months all 6 engines of the Wadadli Power Plant have broken down, several have been de-rated and continue to malfunction.

What appears to be normal at the Wadadli Power Plant is that these engines are out of service more often than they are fully operational. It is time for the GG to announce the date of the Commission of Inquiry.

See related stories:

Cabinet sub-Committee To Consider WPP Investigation Request

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