The Tribune

By KHRISNA RUSSELL

Tribune Chief Reporter

krussell@tribunemedia.net

THE case against former Cabinet Minister Kenred Dorsett was dropped after a dispute with prosecutors and chief witness Jonathan Ash over money the latter believed he was owed by the government, The Tribune was told.

In 2018, the Minnis administration confirmed it was paying Mr Ash for debts it reportedly found on the books after taking office in 2017. A trial date for Mr Dorsett’s case had been set for last week, but as the prosecutor - Terry Archer - in charge of the matter, was preparing evidence, a dispute arose with Mr Ash.

Mr Ash decided not to testify, resulting in a decision from the Director of Public Prosecutions to issue a nolle prosequi (no prosecution) as with the star witness absent, there was insufficient evidence to proceed.

 The issuance of the nolle prosequi was announced last Friday.

 But according to Acting Director of Public Prosecutions Franklyn Williams yesterday, a nolle prosequi does not mean that the matter will end with finality. He also said the change on Mr Ash’s part came following instructions to counsel in his department to audit all matters.

 The Tribune was told yesterday that the issue allegedly stems from money owed from contracts that Mr Ash was awarded for clean-up work by a prior administration.

 When contacted yesterday the acting DPP said he was made aware of the situation after instructing all counsel to conduct an audit of all matters so his office could know how, or if, to proceed.

 “This would include reaching out to witnesses to confirm their giving evidence and that sort of thing also to find out if persons who were charged are still alive,” Mr Williams said. “So, this was one of the matters and Mr Archer came to me and indicated to me that Mr Ash made some comment. . .”

 After receiving an unfavourable response from the DPP’s Office, he said Mr Ash then indicated he was not going to testify.

 Mr Williams explained that Mr Ash’s testimony was a substantive part of the case against Mr Dorsett.

 “So based on that the senior officer, Mr Archer wrote me a minute and indicated that because Mr Ash’s evidence is the substance of the case we would not be able to proceed without that evidence and recommended a nolle, which after I revived the file and the minute I agreed to in the circumstance.”

 Asked whether the issuance of a nolle prosequi in the matter meant it ended, Mr Williams said: “A nolle ends a prosecution but doesn’t necessarily end it with finality.

 “What it simply means is that at the particular time that it is entered there is insufficient or no evidence or in some cases a witness may have died or a defendant may have died but in these circumstances it means at this time there is no sufficient evidence to proceed and in theory and principal a matter can be brought back if that evidence is found or evidence is found which would cause the matter to proceed.

 “So, a nolle does not necessarily end a matter. It’s not necessarily the finality of the matter.

 “So, in theory a matter may be brought back,” Mr Williams said.

 Back in 2018 then Attorney General Carl Bethel confirmed instalment payments from the government were still being made to “whistleblower” Ash for a debt the Minnis administration found on the books upon taking office.

 “There is nothing untoward about these payments,” Mr Bethel said in response to a question from reporters at the time.

 Mr Bethel’s comments at the time came after an alleged document purporting to belong to Ash Enterprises went viral on social media. The document itemised five payments of $30,000 to Mr Ash, totalling $150,000. The payments are alleged to have dated back to April 2018; however, at the time it was unclear whether any payment was made in September 2018.

 While the document did not name Mr Ash or his company, and did not say what any of the payments were for, Mr Bethel confirmed its contents at the time.

 In 2018, The Tribune asked then Finance Minister K Peter Turnquest to reveal the works for which Mr Ash was still being paid.

 At the time he said they were “old bills”.

 Mr Dorsett, former environment and housing minister, appeared in a Magistrate’s Court on July 14, 2017 accused of using his former ministerial position to extort and solicit $120,000 in bribes from Mr Ash.