Parliament pursues contempt case against UHWI acting CEO over missed PAC hearing

A senior public officer who failed to appear at yesterday's sitting of the parliamentary committee probing governance and procurement problems at the University Hospital of the West Indies (UHWI) may now face a criminal offence carrying a maximum fine of $200.

Parliament's Public Accounts Committee (PAC) moved yesterday to have Fitzgerald Mitchell, the hospital's acting chief executive officer, brought before the court following his absence from a hearing scheduled for Tuesday. Tiffany Stewart, senior legislative counsel to the Houses of Parliament, said Mitchell had been "ordered and summoned" on June 8 to attend yesterday's session.

Stewart told committee members that Mitchell was expected to testify and hand over documents to support the PAC's review of a performance audit of UHWI conducted by the Auditor General's Department. That audit flagged governance and procurement lapses at the hospital, including the "splintering" of contracts and the use of the institution's tax-exempt status to bring in millions of dollars in goods for private firms.

The sitting was cut short because Mitchell did not attend. The reason for his absence was not immediately known.

Stewart said the summons to the acting CEO was issued on June 8 under sections five and six of the Senate and House of Representatives' Powers and Privileges Act, together with section 78.2 of the Standing Orders of the House of Representatives.

"Mr Mitchell's failure to attend and to give evidence or to produce documents in accordance with the order constitutes an offence under sections 18A and 18B of the Senate and House of Representatives' Powers and Privileges Act and may be reported to the House of Representatives as a contempt of Parliament," she said.

A conviction could bring a fine of up to $200, or imprisonment for up to 12 months with or without hard labour if the fine is not paid, Stewart noted.

"Evidently, the legislation is outdated," Stewart said of the Powers and Privileges Act, before calling for an "extensive review" of the law to strengthen penalties "for the purpose of public accountability".

Every lawmaker present backed Stewart's recommendation that a report on Mitchell's absence be forwarded to the Speaker of the House of Representatives to initiate contempt proceedings.

"I will engage the necessary consultations in terms of the procedures…to trigger specifically this issue in the parish court," Stewart said.

PAC Chairman Julian Robinson said it was troubling that a senior public officer "is in contempt and in breach of the Parliament". Robinson, an Opposition member, pointed out that neither Mitchell nor his legal representatives had responded to the summons, which followed an earlier invitation to appear before the committee that he also missed.

"A signal must be sent because it means that the next time we have a PAC and some public official don't feel like him waah come answer him just say 'Alright, me we just pay the $200 and gwaan' and everything good. Can't work so."

Government lawmaker Delano Seiveright was sharply critical of the UHWI chief executive, describing the "situation as it stands is egregious and I believe we should take action".

Opposition member Lothan Cousins called for Mitchell to face "serious disciplinary action".

"I hope that the Minister [of Health] is looking on [and] the board is taking note. Serious disciplinary action must be taken as it relates to this particular individual and the office that he holds," Cousins said.

Errol Greene, permanent secretary in the Ministry of Health and Wellness, told the committee he would pass on members' concerns to the UHWI board of directors and ask that "due diligence be done".

"And whatever disciplinary actions can be taken by the board of directors of the University Hospital after the due diligence, that that be done. That's what I am committing to do," Greene added.