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Witness concern at ‘potential’ of contract conflict

Adrian Gibson outside court on August 26, 2024. Photo: Dante Carrer/Tribune Staff

Adrian Gibson outside court on August 26, 2024. Photo: Dante Carrer/Tribune Staff

By LEANDRA ROLLE 

Tribune Chief Reporter 

lrolle@tribunemedia.net

A SENIOR Water and Sewerage Corporation (WSC) employee who audited vendors under the Minnis administration said she identified potential conflicts of interest concerning contracts the corporation awarded.

Dian Saunders-Adderley, assistant general manager, suggested yesterday that one such instance occurred when Elwood Donaldson, the corporation’s former general manager, collected a cheque for $2,300 on behalf of Adams Landscaping for ground maintenance work.

She said his signature appeared on WSC’s document controls and other documents required for the company’s payment.

This was one of several findings included in her audit report, details of which she read into evidence in court yesterday.

Asked if the WSC prohibited an employee from collecting a vendor’s cheque, the witness said it did not.

Acting Director of Public Prosecutions Cordell Frazier, referring to the audit report, asked the witness to explain why she had it as the appearance of a conflict of interest.

The witness responded that when a cheque is issued to a company or vendor and collected by a corporation employee, it blurs the lines of separation, raising concerns that the employee may have undue access to the vendor involved in the project.

However, Mr Donaldson’s attorney, Ian Cargill, suggested that the witness’s comments were contradictory, given her earlier testimony that collecting a vendor’s cheque was not prohibited.

In response, Mrs Saunders-Adderley explained that while the corporation did not prohibit employees from collecting cheques on behalf of vendors, a letter of authorisation was required for this. She said no such letter was provided.

“Inferences can be drawn as to how he acquired such authorisation without the letter,” she said.

Testifying on other findings in her report, the witness highlighted an email from Mr Donaldson instructing a WSC employee to process payments for Adams Landscaping without “Mr Antonio’s” sign-off, saying he would do so upon his return the following week.

Mrs Saunders-Adderley noted that the employee never did so and described this as a “complete disregard” for WSC’s internal controls.

She said there was no indication that the work was done.

The witness then highlighted a March 2020 email from the corporation’s accounts manager to Mr Donaldson, confirming receipt of an invoice from Adams Landscaping.

The accounts manager reportedly noted that the company’s tax compliance certificate had expired. Still, Mr Donaldson allegedly instructed her to process the payment anyway, claiming they would update the certificate once it was received.

The witness claimed Adams Landscaping did not immediately do so despite being paid on April 1, 2020.

“Is there a requirement meant by the Water and Sewerage Corporation for there to be tax compliance?” Ms Frazier asked. The witness confirmed that there was.

In another email a month later, the accounts manager raised concerns with Mr Donaldson about several vendors seeking payments without providing the updated information needed to proceed.

Among those listed was Adams Landscaping, which had submitted another invoice for landscaping maintenance days before the email was sent.

After the manager asked Mr Donaldson to review the vendors and provide further advice, the former WSC general manager instructed her to “go ahead and process” the payment for Adams Landscaping.

“No mention was made of the other vendors, indicating bias towards Adams Landscaping and general maintenance,” Mrs Saunders-Adderley testified.

She said a second payment to Adams Landscaping further demonstrated “undue impartiality” given that their tax compliance documents were still not updated.

Yesterday, she also briefly testified about her investigations regarding the WSC tank painting project.

When asked if she could determine whether the project costs outweighed the benefits, the witness said they did, as the project’s net worth value was zero.

Mr Donaldson is on trial alongside Adrian Gibson, the Long Island MP, Joan Knowles, Peaches Farquharson, and Jerome Missick.

Mr Gibson faces charges related to his tenure as WSC executive chairman involving his alleged failure to declare his interest in contracts awarded by the WSC.

The defence team includes Mr Damian Gomez KC, Mr Murrio Ducille KC, Ian Cargill, Bryan Bastian, Ryan Eve, and Raphael Moxey.

Meanwhile, the Crown’s legal team comprises Ms Frazier, Karine MacVean, and others.

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