Calls to tighten up after Curtis trial

FRIDAY, OCTOBER 14: A defence lawyer has called for Government to look at how it drew up its contracts after his client was cleared of theft and false accounting charges.

And Auditor General Heather Matthews, talking in general terms about the lessons to be learned, has talked about “totally unacceptable” practices in the civil service that must be tightened up.

A Supreme Court jury cleared businessman Andre Curtis of stealing nearly $130,000 in Government cash, alleged to have been earmarked for faith-based tourism initiatives, but said to have been spent by Mr Curtis on personal transactions like paying debts and construction work.

Defence counsel Mark Pettingill said after the verdict was handed down: “I am very pleased for him at this result. With regard to what the evidence was, what his obligations were and what the contracts were, it’s an entirely just verdict.

“People may want to look closely at these types of Government contracts, but they shouldn’t have attempted to criminalize Mr Curtis’ behaviour because of that.”

Mr Pettingill did not dispute evidence that Mr Curtis had used $130,000 of the $400,000 contract on personal transactions.

But he said the contract was vague and failed to specify what most of the money should be spent on — meaning Mr Curtis could not be guilty of theft.

The jury was instructed on Tuesday by Chief Justice Richard Ground to clear Mr Curtis, 49, of Warwick, on a separate charge of stealing $141,826 from Andrew Smith in connection with a building contract.

Auditor General Heather Matthews said she could not discuss the Curtis case.

But she added: “I can, however, speak of the negligent and irresponsible manner in which senior civil servants continue to disregard Financial Instructions which require them to safeguard the public purse.

“Their actions in this instance and what transpired as a result are totally unacceptable.

“Unfortunately, and until the Ministry of Finance takes the necessary steps to exact penalties for non-compliance, as provided for under Financial Instructions, these instances will continue.”

Former Auditor General Larry Dennis’ 2008 report on the Faith-Based Tourism project concluded that Government officials “demonstrated an inexcusable lack of care.”

He added: “Further, in my opinion, the evidence at hand supports a complaint being brought by the Head of the Civil Service against those public officers who failed to carry out their oversight and fiduciary responsibilities and I so recommend.”

At the time of the contract being awarded, then-Premier Dr Ewart Brown was also Minister for Tourism.

Dr Grant Gibbons, Finance Minister in the last UBP Government, said: “The whole episode has really damaged Government credibility.

“Reports of the court proceedings suggest, firstly, over-reaching and micro-management by the Ministers and, secondly, departmental spending controls were completely inadequate or they were largely ignored.

“In either case, it’s the taxpayer who has been badly hurt.”

Government did not respond to questions asking if any civil servants would be disciplined as a result of the contract process for Faith-Based Tourism.

A statement issued on behalf of Premier and Finance Minister Paula Cox said that a new, interim Director of Project Management and Procurement had been appointed and would draw up a new Code of Practice for procurement.

In addition, the Good Governance Act 2011 made it an offence to bypass the Code of Practice.

A statement issued by Sean Crockwell, the OBA spokesman on public administration and reform,a closer look and Shadow Attorney General Trevor Moniz said: “The Premier talks about implementing reforms to strengthen accountability, but this is tantamount to closing the stable door after the horse has bolted.”

The statement added: “Action can still be taken to close out this matter in a way that serves the principle of accountability. Action can still be taken to recover lost funds.”