The Tribune

Murphy’s leave was so prison could be investigated, he said

By PAVEL BAILEY

Tribune Staff Reporter

Pbailey@tribunemedia.net

NATIONAL Security Minister Wayne Munroe denied pursuing a personal agenda when he sent former prison commissioner Charles Murphy on administrative leave shortly after the 2021 general election.

Although Mr Munroe’s law firm represented Doan Cleare and Bernadette Thompson-Murray when they were sent on vacation leave under the Minnis administration — a move some believe facilitated Mr Murphy’s rise to the top — Mr Munroe distanced himself from the legal representation Mr Cleare and Mrs Thompson-Murray received.

Mr Murphy is suing the government.

Mr Munroe claimed Mr Murphy was sent on administrative leave so the prison could be investigated.

Romona Farquharson Seymour, Mr Murphy’s attorney, questioned Mr Munroe on the circumstances behind Mr Murphy being put on administrative leave on September 30, 2021.

Mr Munroe said after his meeting with Mr Murphy on September 27, 2021, he told his permanent secretary, Cheryl Darvile, that he wanted to launch an investigation into the BDCS. He said she told him that in order to investigate the prison, Mr Murphy could not be on the premises.

He said his desire for an investigation came after Mr Murphy told him in a meeting that the reason the prison was operating with- out an assistant or deputy commissioner was negligence on the part of former National Security Minister Marvin Dames.

Mr Munroe claimed that Mr Murphy told him that Mr Dames had been urged multiple times to appoint new people for the roles, but refused. He said Mr Murphy blamed Mr Dames for the vacant roles since 2017.

Mr Munroe disagreed with Mrs Farquharson-Seymour that he instructed the permanent secretary to write Mr Murphy’s leave letter.

Although Mr Munroe disagreed that the permanent secretary lacked the authority to put Mr Murphy on leave without direction of the minister, he agreed that the letter gave no reasons why Mr Murphy was put on leave.

Although Mr Munroe claimed it was incorrect that Mr Murphy was never given reasons why he was put on leave on or after September 30, 2021, he said he did not see any written communication from his ministry why Mr Murphy was put on leave.

Mr Munroe added that he did not go into the meeting with Mr Murphy with any preconceived idea that he was unfit for the position.

He added that he did not know Mr Murphy or Mr Cleare upon becoming minister.

When it was suggested that his clients got what they wanted when Mr Murphy was put on leave, Mr Munroe said Mr Cleare never sought to be commissioner, but conceded that Mr Cleare and Mr Murphy both submitted to be commissioner, but Mr Murphy was chosen.

He acknowledged that Mr Cleare became acting commissioner after Mr Murphy was placed on leave.

Regarding the meeting between him and Mr Murphy, Mr Munroe denied telling Mr Murphy he was operating BDCS illegally without an assistant or deputy commissioner. He said he advised Mr Murphy that he was operating the prison in breach of the Correctional Services Act with those two positions vacant.

Mr Munroe disagreed that Mr Murphy did not have the power to appoint or keep a deputy or assistant commissioner. He said Mr Murphy had the power to object to a person being moved and had to sign off on appointments.

Mr Munroe told the attorney that her client could have had access to two deputy commissioners in 2021.

Mr Munroe denied telling Mr Murphy that the government did not intend to work with him in the September 27 meeting.

However, he agreed that he told Mr Murphy he did not intend to work with him, claiming Mr Murphy exposed him to personal liability.

He explained that Mr Murphy put him at risk due to the lack of deputy com- missioners, his handling of the prison COVID-19 situation and the case of Prescott Smith. Mr Munroe told Mrs Farquharson that he is currently being sued by Mr Smith who claims that he allegedly contracted COVID-19 while illegally detained at prison in 2021.

Mrs Farquharson disagreed, claiming that Mr Munroe’s motivation for putting Mr Murphy on leave was that Mr Cleare and Mrs Murray-Thompson used to be his clients.

Mr Munroe did not accept this suggestion but admitted that his law firm represented the pair.

Mr Munroe agreed that his firm represented Mr Cleare and Mrs Murray-Thompson in a March 10, 2020, lawsuit against Mr Murphy’s appointment as commissioner.

Mr Munroe said he had not represented the pair in this case before Justice Leron Klein and that Donovan Gibson was their attorney.

He added that the two came to him for advice, disagreed with his advice, and sought counsel with Mr Gibson.

Mr Munroe claimed he never represented the two during their trial.

When Mrs Farquharson suggested Mr Gibson prompted the court to adjourn the trial until after the 2021 election, he said he could not speak to what Mr Gibson said during trial.

When it was suggested that the lawsuit sought to remove Mr Murphy as commissioner, he said the lawsuit had no intention of overturning Mr Murphy’s appointment.

Mrs Farquharson said there was no documentation or proof that an inmate died of COVID-19 under Mr Murphy. Mr Munroe said the virus was never listed on the list of inmate deaths.

This led the attorney to suggest that Mr Munroe was overstating the COVID-19 situation as part of his agenda against Mr Murphy.

In response, Mr Munroe claimed that Mr Murphy did not use rapid antigen testing at the prison and that he had two to four men in a cell during the pandemic despite the serious threat of COVID-19.

Mr Munroe claimed he was alarmed during their meeting with Mr Murphy’s failure to give him a COVID-19 report.

On the subject of prison staff sent home during Mr Murphy’s tenure, Mrs Farquharson noted Mr Munroe’s affidavit said over $487,000 in back pay was owed to staff let go under Mr Murphy.

Mr Munroe agreed but said that payments had nothing to do with Mr Murphy as he was more focused on fixing issues than records.

He denied telling Mr Murphy during the September 27 meeting to seek an alternative position to work or think of transitioning out.

Mr Munroe said he wanted to honour Mr Murphy’s 40 years of service but had difficulties with his attitude and the negative exposure he brought him.

He claimed Mr Murphy was nonchalant about COVID-19 and disciplining prisoners and staff.