Welcome to the Commission of Inquiry in Bermuda

February 2017: Click the link below to download the final report of the Commission of Inquiry.

Download the Report of the Commission

The Commission of Inquiry was established under the Commissions of Inquiry Act, 1935 by the Premier, the Honourable Michael Dunkley JP, MP on February 24, 2016. The Commission has been directed to inquire into the findings of the Auditor General’s report on the Consolidated Fund for the Financial Years 2010, 2011 and 2012.

Matters of particular concern are listed in Section 3 of the Auditor’s Report. You can download this report here or from the Documents section of this site. We have also posted the Commission’s Terms of Reference and a copy of the Commissions of Inquiry Act 1935 .

The Commission is chaired by international jurist and former Bermuda Court of Appeal judge Sir Anthony Evans. Its members are lawyer and former MP John Barritt, businesswoman Fiona Luck and businessman Kumi Bradshaw. You can read more information about the Commission’s members in the Members section of this site.

The Commission has advised that critical components of its deliberations will be fairness, objectivity and independence.

The Commission has planned a timeline for its investigations, including a preliminary public hearing that was held on Monday, June 27, 2016.

How is the Commission conducting its investigation?

  • The Commission of Inquiry began its review of the Auditor General’s Report on April 4, 2016.
  • As Commissioners identify potential witnesses, names will be given to the Commission’s Counsel, Conyers Dill & Pearman.
  • Commission’s Counsel will contact persons as directed by the Commission.
  • Witnesses may be required to give evidence at the Public Hearings.  The  preliminary public hearing was held at St. Theresa’s Church Hall on Laffan Street, Hamilton on June 27, 2016. The next public hearing was held from  Wednesday, September 28, 2016,  to Tuesday, October 11, 2016 also at St. Theresa’s Church Hall.
  • Under Section 9 of the Commissions of Inquiry Act 1935, the Commission of Inquiry has the power  to require the attendance of witnesses and the production of documents.
  • In appropriate circumstances, the Commission will receive evidence in private rather than at the public hearing.

NEW to the website: Frequently Asked Questions Updated October 2016

Hearings

(Back to top)

About the Hearings

The Commission of Inquiry has completed its review of Section 3 of the Auditor General’s report, collected data and identified who should be called to testify appear before the Commission. The first of a series of public hearings was held on Monday, June 27, 2016 at St. Theresa’s Church Hall, Laffan Street, Hamilton. The second public hearing was held at St. Theresa’s Church Hall, Laffan Street, Hamilton from Wednesday, September 28, 2016 until Tuesday,  October 11, 2016.

Public Hearing #1 June 27, 2016

The first public hearing was held on Monday, June 27, 2016 at St. Theresa’s Church Hall, Laffan Street, Hamilton.

Documents

Opening Statement

An overview of how the Commission is proceeding with its inquiry

Counsel Statement

A synopsis of current and future work in support of the Commission

Public Hearing #2 September 28, 2016

The second public hearing was held at St. Theresa's Church Hall, Laffan Street, Hamilton from Wednesday, 28 September 2016 until Tuesday, 11 October 2016.

Documents

Witness Statements

Robert Horton Annex 1

Witness Statement Annex

Thomasina Hassell

Witness Statement & Annex

Edmund Lee Matvey

Affidavit

Bryan McLeod

Affidavit

Derrick Burgess

Witness Statement 1

Derrick Burgess

Additional Witness Statement + Annexes 1-5

Derrick Burgess

Additional Witness Statement: Annexes 6 & 7

Derrick Burgess

Witness Statement 3

Paula Cox

Affidavit

Curtis Stovell

Witness Statement 2

Anthony Manders

Witness Statement 1

Anthony Manders

Witness Statement 2

Anthony Manders

Witness Statement 2 Annex 1

Anthony Manders

Witness Statement 2 Annex 2 (1)

Anthony Manders

Witness Statement 2 Annex 2 (2)

Anthony Manders

Witness Statement 2 Annex 3

Rulings

BECL Ruling

11th October 2016

Dennis Lister

6th Oct 2016

Ruling - Airport Documentation

Ruling - Commission - Letter to Attorney General

Public Hearing #3 November 28, 2016

The third Public Hearing was held at St Theresa's Church Hall, Laffan Street, Hamilton from Monday 28th November to Thursday, 1st December 2016

Documents

(Back to top)

Terms of Reference

The Terms of Reference under which the Commission is conducting its investigation

Download Document

Commissions of Inquiry Act 1935

The Act under which the Commission of Inquiry has been established

Download Document

Auditor General's Report

The Report of the Auditor General on the Consolidated Fund of the Government of Bermuda for the Financial Years March 31, 2010, March 31, 2011 and March 31, 2012

Download Document

What Is a Commission of Inquiry?

An overview of the scope and remit of a commission of inquiry

Download Document

Procedural Statement

A detailed description of the Commission's timetable and process

Download Document

Opening Statement

An overview of how the Commission is proceeding with the inquiry

Download Document

Counsel Statement

A synopsis of current and future work in support of the Commission

Download Document

Frequently Asked Questions (FAQs)

An overview of questions about the Commission

Download Document

UPDATED Frequently Asked Questions (FAQs)

Download Document

Commission Rules

Download Document

Opening Statement 28th September 2016

Download Document

General Binder A Public Treasury Act 1969 Amended & Original

Legislation

Download Document

General Binder A Good Governance Act 2011

Legislation

Download Document

General Binder A Good Governance Act 2012

Legislation

Download Document

General Binder A Financial Instructions December 31 2008

Download Document

General Binder A Financial Instructions December 31 2009

Download Document

General Binder A Financial Instructions March 31 2011

Download Document

General Binder A Financial Instructions March 31 2013

Download Document

General Binder A W&E PFA 2000 Purchasing of Goods & Materials

Management Procedure

Download Document

General Binder A W&E PFA 2002 Procurement of Contract Services

Management Procedure

Download Document

General Binder A Ministerial Code of Conduct 2002

Download Document

General Binder A Ministerial Code of Conduct 2015

Download Document

General Binder A Conditions of Employment and Code of Conduct 2001

Download Document

General Binder B KPMG Report to Ministry of Finance 2010

Report

Download Document

General Binder B Management Consulting Section Report to Ministry of Finance 2011

Report

Download Document

General Binder B Progress Report on 2012 Joint Ministerial Council Communique

Download Document

General Binder B Cabinet Memo Referencing Creation of Capital Development Committee

Download Document

Index to Public Binder

Download Document

Public Binder - Heritage Wharf

Download Document

Public Binder - Port Royal

Download Document

Public Binder - Dame Lois Browne Evans Building

Download Document

Public Binder - Bermuda Emissions Control

Download Document

Public Binder - Ambling

Download Document

Public Binder - Global Hue

Download Document

Public Binder - Central Lab - Southside

Download Document

Public Binder - Forensic Lab Marsh Folly

Download Document

Public Binder - Department of Human Resources

Download Document

Public Binder - Aggregate & Sand Purchase

Download Document

Public Binder - Department of Public Transportation

Download Document

Public Binder - Finance Headquarters

Download Document

Frequently Asked Questions Updated October 2016

FAQs Updated October 2016

Download Document

Dr. Brown Application

Application

Download Document

Dr. Brown Affidavit

Affidavit

Download Document

Judicial Review - BECL v Premier at al

Ruling

Download Document

Accountant General

Departmental Requests & Responses

Download Document

Cabinet Secretary

Departmental Requests & Responses

Download Document

Financial Secretary

Departmental Requests & Responses

Download Document

Public Works 1

Departmental Requests & Responses

Download Document

Public Works 2

Departmental Requests & Responses

Download Document

Tourism Transport & Municipalities 1

Departmental Requests & Responses

Download Document

Tourism Transport & Municipalities 2

Departmental Requests & Responses

Download Document

Tax Commissioner

Departmental Requests & Responses

Download Document

ITO

Departmental Responses

Download Document

ITO

Annex M contd to Departmental Requests

Download Document

ITO

Annex M

Download Document

ITO

Annex L

Download Document

ITO

Annex K

Download Document

ITO

Annex J

Download Document

ITO

Annex H and I

Download Document

ITO

Annex G

Download Document

ITO

Annex F

Download Document

ITO

Annex D and E

Download Document

ITO

Annex C

Download Document

ITO

Annex B

Download Document

ITO

Annex A

Download Document

Financial Instructions 2007

Download Document

Nick Faries

Affidavit

Download Document

Devree Hollis

Affidavit

Download Document

Eugene Ball

Affidavit

Download Document

Dennis Correia

Affidavit

Download Document

Vernon Burgess

Affidavit

Download Document

Victor Walters

Affidavit

Download Document

Shawne Tuzo

Response to Letter

Download Document

Supreme Court Ruling: Bermuda Emissions Control Limited

7 September 2016

Download Document

Court of Appeal Judgement: Bermuda Emissions Control Limited

11 November 2016

Download Document

A.G. Special Report: Port Royal Golf Course Improvements Capital Development Project

October 2014

Download Document

A.G. Special Report: Royal Naval Dockyard Cruise Ship Pier – Heritage Wharf

March 2015

Download Document

A.G. Special Report: Motor Vehicle Safety and Emissions Testing Programme

October 2010

Download Document

Members

(Back to top)

Sir Anthony Evans (Chairman)

Sir Anthony is a former Chief Justice of the Dubai International Financial Centre Courts. He has extensive experience as an arbitrator with particular emphasis on international commercial arbitration.

Read more...

The Hon. John Barritt, JP

The Honourable John Barritt is a Consultant Attorney with MJM Limited and former Bermuda parliamentarian of 18 years experience in the Legislature.

Read more...

Fiona Luck

Fiona Luck served as Executive Vice President and Chief of Staff at XL Group plc (“XL”) from June 2006 until August 2008 and then Special Advisor to the Chief Executive Officer of XL until she retired from the company in 2009.

Read more...

Kumi Bradshaw

Kumi Bradshaw is president of Firm Advisory Ltd. His professional experience has focused on small to mid-sized private companies in jurisdictions including Bermuda, North America and Central Europe.

Read more...

Commission of Inquiry Issues Procedural Statement June 2016

Download Document

Commission of Inquiry First Week Update April 11 2016

Download Document

Commission of Inquiry Launches Website May 2 2016

Download Document

Commission Issues Media Advisory - Hearings to Begin Monday, June 27, 2016

Download Document

Preliminary Hearing

Read & view the June 27, 2016 Hearing

Read story

Commission of Inquiry Issues Update

Download Document

Commission Resumes Public Hearings

Download Document