The Tribune

By LYNAIRE MUNNINGS 

Tribune Staff Reporter

lmunnings@tribunemedia.net

CALLS for an independent Integrity Commission have intensified after revelations surrounding former Christie administration officials involved in the Baha Mar conflict with Sarkis Izmirlian and China Construction America (CCA).

Matt Aubry, Executive Director of the Organization for Responsible Governance, emphasized the need for transparent mechanisms to ensure accountability and restore public trust in governance.

Last month, New York State Supreme Court Judge Andrew Borrok ruled that CCA acted in bad faith, leading to the bankruptcy of the Baha Mar project in 2015. He described the construction delays and mismanagement as “an absolute sham and shakedown” that contributed to the financial collapse. 

The judge found that a $2.3 million payment from CCA to Notarc Management Group — a company run by Leslie Miller, son of Sir Baltron Bethel — was intended to “curry favour” and “gain access” to Mr Christie’s senior policy advisor and the Bahamian government during the Baha Mar dispute. In defending its actions, CCA has blamed Mr Izmirlian, his BML Properties vehicle, and the executive team for mismanaging the development and its budget.

Mr Aubry underscored the importance of an independent body to handle such issues and called for establishing an Integrity Commission.

“The theory of promoting things like the integrity commission or other legislative structures that ensure when these things come up, there are regular and standardized ways for them to be handled, gives assurance to the public, it gives clarity for the process,” he said.

He noted that the Integrity Commission has not been established even though the Progressive Liberal Party, like the last Free National Movement administration, committed to it.

“It," he said, "was in the last administration's agenda. They brought it forward, tabled it, but it never got debated. In the current administration, it was in their Blueprint for Change, so we think this is a key reminder for future initiatives."

“It's important to have a system in place that builds trust, creates transparent mechanisms, and ensures accountability, so that if something comes forward, it's looked at, it's vetted, it's determined to have validity or not. Then the public would understand and be assured that this system is how we in The Bahamas handle these types of issues.”

He said ORG remains committed to promoting transparency and good governance in The Bahamas, noting the organisation recently attended an Anti-Corruption Conference in Lithuania, where international experts discussed best practices and strategies.

The Minnis administration tabled the the Integrity Commission Bill, 2017, but never debated the legislation, which seeks to establish an independent Integrity Commission in The Bahamas to promote ethical conduct and combat corruption among public officials.

The bill proposes creating the Integrity Commission, responsible for investigating, preventing, and prosecuting acts of corruption. Its functions encompass promoting ethical standards, overseeing public officials' financial disclosures, and educating the public on anti-corruption measures.

The Commission would be empowered to summon and examine witnesses, require the production of documents, and conduct inquiries into alleged corruption. It can collaborate with international bodies and recommend legislative or administrative changes to prevent corruption.

The bill defines various acts of corruption, including bribery, fraud, and illicit enrichment. It criminalises the acceptance or offering of undue advantages by public officials and establishes penalties for such offences.

Public officials are mandated to file annual declarations of their financial affairs, including assets, liabilities, and income. The Commission would be tasked with verifying these disclosures and can investigate discrepancies or unexplained wealth.

The bill includes provisions to protect people who report corruption, ensuring their confidentiality and safeguarding them from retaliation.

Penalties for corruption-related offences range from fines to imprisonment, depending on the severity of the act. The bill also allows for the confiscation of assets obtained through corrupt practices.