BASSETERRE, ST KITTS – Queen’s Counsel, Charles Wilkin is warning Ministers of Government in the Team Unity Administration of Prime Minister Dr. the Hon. Timothy Harris to avoid potential conflict of interest.
His comments come in light of information that Minister of Public Infrastructure, Posts, Urban Development and Transport, Hon. Ian “Patches” Liburd, has formed a private company to import cement and building materials.
The prominent lawyer states in a WINNFM Report that a minister of government by his oath of office “undertakes to carry out his functions in good faith for the benefit of the people of St. Kitts and Nevis and to use his powers only for proper purposes, traditionally described as “fiduciary duties.”
According to the report, Mr. Wilkin cautioned government ministers that if a minister allowed personal interest to conflict with those duties and benefitted from such conflict he/or she can be ordered by a court to cough up any profit made.
He further warned that such a Minister faces potential action from persons and companies against whom he competes in business. Recourse includes damages and an injunction to stop him/her acting in conflict of interest.
The Queen’s Counsel told WINN that Ministers should also avoid potential conflicts of interest or the appearance of conflicts of interest.
These create, he said, suspicion of impropriety especially in the system which does not have Integrity in Public Life, Freedom of Information and other transparency legislation that deter corruption and enable the public to find out if in fact the Minister is abusing his/her office for personal benefit.
According to a document filed with the Financial Services Regulatory Commission, Prime Building Depot Inc., was registered on August 31st 2016 “to engage in the business of shipping and distribution of building materials.”
The Statutory Statement in compliance under Section 8 of The Companies Act CAP 20.03 lists Mr. Ian McDonald Liburd as the sole Director of Prime Building Depot Inc.
Minister Liburd has confirmed the formation of the private company citing that he was exercising his rights to incorporate a business, despite being a government minister.
The Team Unity Government in office now for 21 months had promised to pass Integrity in Public Life, Freedom of Information and Term Limits for the Prime Minister in their first 100 days in office.
