Last night, we gave you a preliminary look at the audit report which was leaked to the media. The's the one where the Audit Department looked into the spending that occurred last year when the Magistracy went on a weekend retreat to the Naia Resort.
It made our newscast back in May of last year, and after their examination of the spending of public funds, the Auditors called it "extravagant", and suggested that there was insufficient vigilance over the spending of public funds. We have had an opportunity to review the report, and several knowledgeable sources on the topic suggest to us, that the findings do not meet a high standard of auditing. We note that the disciplinary case was also dismissed by the Public Service Commission because it failed to follow due process.
But, it did call into question the actions of 2 public officers. One of them was Court Administrator Lavette Nunez, who faced disciplinary action by the Public Service Commission.
This evening, we got a chance to speak with, Jackie Willoughby, who represented Nunez in the Commission hearing. Here's what she had to say:
Jacqueline Willoughby - Lavette Nunez's Representative
"I reviewed what was brought to me, and I knew right away that it had flaws. Firstly, Miss Nunez was placed on suspension because of an audit report, an audit report that she never received. What we had to go to the Commission with, what was disclosed to us was merely 2 statements or 2 affidavits. I reviewed both affidavits, and they were filled with conjecture. I did not see in there any factual matter that remotely put Miss Nunez in a position to say [that] she would be guilty of anything. But, that is not what got off Lavette. Now, from the hearing, I learned that this matter was being investigated since November of 2021. We are now in April 2022, and when we arrived at the hearing, they didn't give Miss Lavette a show-cause letter. Now, imagine. The way this process works is if your ministry has an issue with you, they put something in writing, and ask you why disciplinary action should not be taken against you. There was a letter that went between Lavette and the Solicitor General. Clearly, they were not satisfied with that response, and they determined that they would move further to recommend disciplinary action, which is their right. They obviously sent whatever documentation in delayed time because the Commission was up in arms of the fact that they did not respond to timely requests, and November until April is considerable time, especially since the regulation says you have 90 days to a practicable solution. That did not happen. So, Miss Lavette went on her suspension, and she did everything as the Commission is authorized to do with her. And when we got there, she was given no show-cause letter. The second stage is as soon as they have sent their information to the Commission, a letter would have come from the Commission. All communications between the department and the officer stop. It's now between the Commission and the officer. They failed to send that information. We didn't receive a show-cause letter, which meant [that] Miss Lavette was not properly before the Commission. So, I would not go there and waste my time on any kind of fishing trip to help the other side to bring their case. I waited, got into the room, and I made a submission that all charges had to be dismissed."
And, according to Willoughby's background information on the topic at hand, she believes that the audit was a witch-hunt against the public officers named. Here's how she insisted that the allegations made were not properly substantiated:
Jacqueline Willoughby - Lavette Nunez's Representative
"Interesting to note - I was watching Channel 7 News last night, and that was the first time that I got a view of any of the information that was in the audit because Lavette Nunez did not receive a copy of the audit, although she was sent home because of an audit report. That would have been a fundamental issue for me, had this case gone forward. They're 2 affidavits that were disclosed to Miss Lavette, and none of them had anything to do with a Naia Resort. So, I am left to believe that it is a witch hunt against the Chief Magistrate, and it is very sad that we would take time to waste government resources. There were some other fundamental things in the audit, as it relates to one of the very persons who gave an affidavit, but I don't see anybody trying to investigate it. I'm only left to believe that it's a witch hunt. And what makes this sad is that it comes from the Attorney General's Ministry. We're supposed to ensure that everything is properly finalized."
We note that there has been an undercurrent of friction within the Magistracy where there have been allegations of attempts to undermine the Chief Magistrate as the Head of Department.
