Troy Gabb and Glenn Godfrey were first supposed to appear before the Commission of Inquiry in November of 2006 - but between illness and death, necessary delays, and unavoidable stoppages, finally, today was scheduled as the time when two of the central figures in DFC's history were to appear. Troy Gabb was first, when he appeared in the morning. Here's how his session went.
Jules Vasquez Reporting,
Appearing with his attorney Dickie Bradley, Troy Gabb opened with a statement critical of the commission and its forensic auditor.
Troy Gabb, former DFC CEO
"On the last occasion of the last Commission hearing, I was unable to attend due to illness. A member of this commission took to the electronic media and gave an unfair impression of my inability to be present. I was sent three volumes of the purported forensic auditor's report. I have been advised that this report was prepared in a manner which breaches my legally protected rights under the principle of natural justice in that at no time did the forensic auditor check any matter with me concerning my stewardship of the DFC in which adverse comments or opinions are expressed against me in this report."
After that, the most telling testimony of the morning session came when Gabb was asked about a board meeting of March 17, 2004 - where the decision was made to take a fifty million dollar loan from the Belize Bank was approved. It has been called a phantom meeting because no one recalls attending the meeting.
Herbert Lord, Commissioner
"The minutes purportedly of the 17th of March 2004. Available documentation leads us to conclude that no such meeting took place and that resolution dated the 17th of March prepared by Ms. Wiltshire on the instructions of Mr. Gabb who led her to believe the decision had been approved in due form by the Board, purportedly never took place. Are you aware of that?"
Troy Gabb,
"Commissioner Lord I don't have no recollection of any Board meeting."
Merlene Bailey-Martinez,
"It is your testimony that you don't know of any such meeting Mr. Gabb?"
Troy Gabb,
"I have no recollection of any such meeting."
Merlene Bailey-Martinez,
"You don't know of any such meeting. Mr. Moody can you take this letter
over to Mr. Gabb. I have here a letter dated 18th of March 2004 Mr. Gabb and it is written to the Honorable Ralph Fonseca and it has an attention to Mr. Hugh McSweaney and it is regarding a request for permission to apply for a $50 million term loan facility from the Belize Bank. I will have you read this letter into the record....Who wrote that letter Mr. Gabb?"
Troy Gabb,
"It is signed by myself."
Merlene Bailey-Martinez,
"Could you read the contents of that letter."
Troy Gabb,
"'March 18th 2004, addressed to Honorable Ralph Fonseca, Minister of Finance and Home Affairs, attention Hugh McSweaney. We request your permission to apply for a $50 million term loan. It says that at a meeting of March 17th..."
Merlene Bailey-Martinez,
"March 17th what year?"
Troy Gabb,
"2004."
Merlene Bailey-Martinez,
"Which meeting of the 17th of March Mr. Gabb?"
Troy Gabb,
"All I know is that I had a discussion with the Chairman. That is all that I can add to that discussion, it was a request coming from the Chairman..."
Merlene Bailey-Martinez,
"The Chairman being who?"
Troy Gabb,
"Mr. Espejo, Omar Espejo."
Merlene Bailey-Martinez,
"You're saying that Mr. Espejo, on this date..."
Troy Gabb,
"To the best of my recollection, it would have been on that date why I would have you used that date specifically."
Merlene Bailey-Martinez,
"But you're saying that you don't know if that meeting took place. Earlier you said..."
Troy Gabb,
"I can't recall. I can't recall attending any meeting of that discussion."
Merlene Bailey-Martinez,
"So we're coming back to that, you said that no such meeting took place but yet we have this letter that you have written saying that this meeting took place. Did you see anything to lead you to believe that that meeting actually took place Mr. Gabb?"
Troy Gabb,
"The instruction of my Chairman, that's what I acted on."
Herbert Lord,
"I think Mr. Espejo when giving evidence told us that he didn't attend that meeting or he was out of the country. So if he didn't attend, he was out of the country, how can he issue those instructions? He gave us under oath."
Troy Gabb,
"Well my instructions came directly from the Chairman."
Merlene Bailey-Martinez,
"Mr. Gabb..."
Troy Gabb,
"You want me to say something that I can't recall."
Merlene Bailey-Martinez,
"Mr. Gabb, your letter is very clear: 'at a meeting of March 17th 2004, the board directed that we submit an application.' Did Mr. Espejo tell you that there was a meeting of the board on the 17th of March?"
Troy Gabb,
"No, he didn't tell me there was a meeting."
Merlene Bailey-Martinez,
"He did not tell you. Where did you get this information to put in this date? Why did you put in a date?"
Troy Gabb,
"To the best of my recollection, it would have come from the fact of the discussion I had with Mr. Espejo."
Merlene Bailey-Martinez,
"Why did you use the first of January, why didn't you use the second of February? Why did you use the seventeenth of March?"
Troy Gabb,
"It would have been on or about that date, that is why that is that date."
Merlene Bailey-Martinez,
"Could have been the fifteenth, could have been the sixteenth - why did you use the seventeenth of March?"
Troy Gabb,
"It would have been based on the discussion I had with Mr. Espejo."
Merlene Bailey-Martinez,
"We have testimony from Miss Wiltshire that you gave her instructions to prepare the resolution. Did you do so?"
Troy Gabb,
"I don't recall. The direction for resolution wouldn't come from myself; it would come from the board secretary. It wouldn't come from myself."
And while Gabb testified for three hours - the commission still wasn't done and he was asked to return in the afternoon. But by that time, Glenn Godfrey was on deck, and his attorney, his new attorney, we should say threw the commission for a loop.
