NASSAU, BAHAMAS — The Office of the Attorney General has settled the lawsuit Financial Secretary Simon Wilson brought under the Minnis administration, though a confidentiality clause prevents the public from knowing how much taxpayer funds were awarded to Wilson.
Attorney General Ryan Pinder did not respond to a message yesterday seeking comment on the confidentiality clause, which critics believe has been abused in settlements over the years.
The AG‘s office reached an agreement with Wilson last year and the confidentiality clause was confirmed by Wilson‘s lawyer.
Wilson’s lawsuit came after the Minns administration sidelined and replaced him with Marlon Johnson.
He had alleged in his statement of claim, reported publicly for the first time here, that former Prime Minister Dr Hubert Minnis agreed to make him economic advisor to the Central Bank in exchange for leaving his post as financial secretary but reneged on that agreement while an attempt was made to launch disciplinary proceedings against him.
Wilson claimed that in a conversation with Minnis shortly after the general election in 2017 the former prime minister told him to take a vacation and retire from the public service.
Minnis, he alleged, acknowledged his “known and generally accepted high-level of competency on public financial matters” and made clear that his demand was not disciplinary action but reflected his wish to have someone else as financial secretary.
Wilson said he met Minnis and then Office of the Prime Minister Permanent Secretary Jack Thompson on August 28, 2017, where Minnis reviewed his letter confirming his intentions for the appointment and said it was satisfactory.
He said on August 31 he received a letter from the acting secretary to the cabinet directing him to immediately take his 54 weeks of vacation leave.
He said after leaving office he was immediately denied the ancillary benefits of that office. He said his email access was temporarily denied. When it was restored, Johnson was given full access to his entire email file and he was denied access to his working documents and files.
He said on October 10, 2017, then acting secretary to the cabinet, Camile Johnson, wrote a letter requesting information on a contract between the Ministry of Finance and Xua Computers Company Limited. He said his request to meet her and discuss the purchase was denied.
Wilson said on July 30, 2018, Johnson sent him a show-cause letter indicating that disciplinary proceedings against him for “alleged major breaches” would be initiated.
The letter alleged that he engaged Xua Computers, “a brand new company” with no experience in the computer industry, to “procure more than 1,000 desktops, laptops, and monitors for a contract totaling some $1 million” and that this happened without competitive bidding or demonstration that the vendor was competent.
In a follow-up letter from his attorneys, Wilson said the matter was being reviewed by the auditor general and that disciplinary proceedings would be premature absent a finding from him. He also said Cabinet had approved the Ministry of Finance to engage in bulk purchases of personal computers as cost-saving mechanisms.
Johnson’s letter alleged that Wilson engaged “Atilio Holdings in three units for $5,912.50 per month for the lease of rental properties in Cable Beach, presumably for consultants to the Ministry of Finance.”
She alleged that the contract had no reasonable exit provisions and that there was no evidence of cabinet approval for the agreement.
In response, Wilson said there was no precedent for the tenders board or cabinet approving a residential lease agreement and that the matter was also under review by the auditor general.
Johnson’s letter further alleged that Wilson “engaged Wolcott industries for the provision of LED lighting to the prison and the University of the Bahamas” without any evidence of tender board or cabinet approval. Wilson, however, said he was not aware of the company and was not financial secretary when Cabinet approved the project for the LED light bulb replacements.
Johnson’s letter criticized Wilson for allegedly writing a letter to Etienne Dupuch Jr Publications on the legality of a contractual arrangement between the former minister of tourism and Dupuch publishing.
“You pinned this letter while on leave when another person was performing the duties of financial secretary,” the letter said.
“You offered a legal opinion on a government matter, contrary to the public service policy that such opinions are to be provided by the Attorney General’s office or by attorneys engaged by the government to provide such advice.”
“These alleged major breaches constitute gross misconduct in the performance of your duties.”
Wilson, in response, said he had never written anyone or acted as a lawyer.
He argued that Johnson acted contrary to her role when she sent him the show cause letter and that her “overreach beyond her authority” was contrary to the regulation of the public service commission and general orders.
He also argued that the show cause letter, which came 11 months after he was directed to take leave, was a ploy to provide a rationale to prevent him from returning to the office.
As part of his libel claim, Wilson said he was seriously injured in his reputation and brought into “public scandal, odium and contempt” after the letter was sent to the president of the Bahamas Public Services Union.
Wilson, through his lawyers, requested an apology and full reinstatement to his substantive position as financial secretary. He also sought damages, including aggravated and/or exemplary damages for libel.
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