Back in January of this year, it made major news when the findings of the first Commission of Inquiry, which was appointed by the Briceno Administration, became public knowledge.
As viewers will remember, that's the investigation that was conducted last year by Chairman Andrew Marshalleck and his Commission colleagues, Luis Luke Martinez and Marcello Blake. They combed through the sale of government assets during the time period of October 2019 to November 2020, the last 13 months of the former Barrow Administration.
After reviewing the evidence, the Commission found, quote, "All 112 sales of motor vehicles during the relevant period... were effected in breach of the... the Finance and Audit Reform... There was financial mismanagement of the sale of motor vehicles... which resulted... in several instances, to what amounts to the gifting of public assets to favored public officials..." End quote.
Shortly after the report was published, the members of the former Barrow Government strongly condemned the findings as biased and lacking in credibility. Some of the former ministers named are especially aggrieved because, according to them, their right to natural justice was violated.
Former Deputy Prime Minister Hugo Patt was the public official who was the most harshly criticized for the saga of his one-time ministerial ride, a Toyota Tacoma. He and his attorney, former Prime Minister Dean Barrow, complained about the findings against him to the Supreme Court.
We are informed that his legal team pointed out to the court that the findings were published without allowing him an opportunity to defend his actions. We are told that he thinks that he should have been given the opportunity to try to convince the tribunal that their conclusions about him were wrong.
Well, reliable reports reaching 7News tonight are that he has won a major victory against the report. We are informed that he has convinced the presiding judge that his right to natural justice was infringed because the Commission failed to issue him with a Salmon letter, which would have allowed him to respond before the report was published.
We are told that a settlement has been reached in which certain portions of the report involving Patt will be stricken from its official record. Our newsroom understands that he has made a substantial claim for damages against the Government for the injury to his reputation.
We are informed that former Prime Minister Barrow's attorney is also pushing for certain portions of the report, which calls his actions into question.
Back in January, our newsroom was the first to challenge the Commission's Chairman that an outcome like this could take place. Here's what he had to say then:
Reporter
"There is also this suggestion that this report opens up the government to lawsuits."
E. Andrew Marshalleck, SC
"The government is always open to lawsuits. You can sue the government anytime."
Reporter
"So, you don't agree with that position that things stated in there specifically increased that risk."
E. Andrew Marshalleck, SC
"Look, the matters that we were asked to look into, to investigate, obviously have political repercussions. But it's also important for management and for the public. So, there are two sides to everything, and those considerations must be balanced."
Reporter
"I've heard you insist multiple times in our conversation today that any of the aggrieved parties, if they have information, you would be willing to take that on board and restate the position, if you come to a conclusion, based on that additional information, that you were wrong. The suggestion to us is that most likely, the people who you would want to invite those new submissions, they will take that to court instead."
E. Andrew Marshalleck, SC
"That's up to them."
The full trial will go to court on April 6.
