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WSC general manager testifies the law does not specify a ‘dollar figure’ on contracts

Attorney Damian Gomez KC outside court on August 26, 2024. Photo: Dante Carrer/Tribune Staff

Attorney Damian Gomez KC outside court on August 26, 2024. Photo: Dante Carrer/Tribune Staff

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

A TOP defence lawyer questioned Water and Sewerage Corporation (WSC) general manager Robert Deal yesterday about the corporation’s laws and policies as testimony continued in the criminal trial of Long Island MP Adrian Gibson and others.

Mr Deal, the latest witness in the trial, testified that the corporation was governed by the WSC Act during cross-examination by Gibson’s attorney, Damian Gomez, KC.

In response to questions from Mr Gomez, he said the law was distinct from guidelines.

Mr Deal further testified that, to his knowledge, no regulations were attached to the WSC Act, limiting the scope of the board’s powers and the corporation’s ability to enter into contracts based on his knowledge.

When Mr Gomez suggested that no provision in the WSC Act restricts the corporation from entering into contracts, regardless of whether the amount is $250,000, more than $250,000, or less, Mr Deal said the law does not specify a “dollar figure”.

Mr Gomez also suggested that the WSC Act took precedence over any guidelines or policies.

In response, Mr Deal said legal opinions are sought in cases of uncertainty.

The witness said the corporation has the law but also its policies and procedures.

When asked why he had referred to getting legal advice earlier, Mr Deal explained that workers would seek to ensure policies are in accordance with the law.

He also questioned the witness about his attendance at board meetings between 2017 and September 2021.

The witness acknowledged that he did not attend all of the meetings.

“So you,” the attorney asked, “don’t know what policies the board changed in meetings by their deliberations and resolution?”

The witness said while he was not aware of new policies introduced in meetings he did not attend, he would expect to be informed of them later due to his senior role within the corporation.

Mr Gibson, the Long Island MP, is on trial alongside Mr Elwood Donaldson Jr, the WSC’s former general manager, Joan Knowles, Peaches Farquharson, and Jerome Missick.

He faces charges related to his tenure as WSC executive chairman, including allegations of failing to declare his interest in contracts awarded by the corporation.

The defence team consists of Mr Gomez, Murrio Ducille KC, Ian Cargill, Bryan Bastian, Ryan Eve, and Raphael Moxey. The Crown’s legal team includes acting Director of Public Prosecutions Cordell Frazier, Karine MacVean, and others.

The case continues before Justice Cheryl-Grant Thompson, the presiding judge.

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