NIPDEC GM: Bayley excused himself from project

THE FORMER Chairman of NIPDEC, Edward Bayley, at no time ever participated in discussions or negotiations for contracts as it pertained to the Piarco airport development project. 

On April 25, 1998 he indicated to the Board that based on information given in Parliament, that he was a Director of Maritime, out of an abundance of caution he would not preside over matters dealing with the project. Confirmation of these details were given yesterday by Margaret Thompson, NIPDEC’s General Manager when she was questioned by Bayley’s attorney Sonny Maharaj, SC. Instructing Maharaj is attorney Stuart Young.

Thompson recalled being told on September 10, 1998 by Bayley of her appointment as Acting General Manager. His announcement was made in the presence of several directors at a board meeting. She also confirmed that at the same meeting she was told that Trevor Romano, a Director would act as liaison between herself and the Board because she was new in the position. Thompson said it was not true to say that Bayley had lied to her about Romano’s role, because it was not recorded in the minutes of the meeting. Thompson agreed when she was promoted she received a $15,000 monthly acting allowance taking her monthly salary to $30,000. She confirmed that a memo from Bayley in which he stated that the Board had agreed to pay Romano $60,000 had not been found in NIPDEC’s files.

She said the first contract on the project, that is CP3 was executed on September 8, 1998 long after Bayley had decided not to take part in matters dealing with the project. She reiterated several times during her questioning that to her knowledge Bayley, never participated in any discussions or negotiations for contracts on the project, nor did he request information from her about the project. Thompson further said as far as she knows, companies with which Bayley, was a director, never entered into any contract with NIPDEC. She confirmed that if that was the case he would have had to declare his position to the Board based on provisions in the Companies Act. She said Bayley, based on the Act, had no obligations to disclose to her as Ag GM, that he was a director with a company seeking to negotiate with NIPDEC for a contract.

Asked if she knew Bayley was an Executive Director at Fidelity Finance, Thompson said she became aware that he was a director based on documents shown to her at the inquiry. Thompson also conceded that depending on what issues were being discussed at Board meetings, it would be appropriate at times to ask certain persons to leave. Asked if there was anything amiss about the bonding requirements for contractors being increased from 10 to 25 percent, Thompson said no, but she expected that the bonding would remain according to the industry standards at 10 percent. She also agreed that it was the Board which changed the bonding requirement and not Bayley personally.

Thompson said NIPDEC’s files did not show a copy of  the February 23, 1998 minute of the meeting when NIPDEC’s tender rules were reportedly changed. Maharaj drew to the Commission’s attention the Interpretation Act, which contains the same changes made to the NIPDEC rules saying he wasn’t sure why “heavy weather was being made”. Thompson also admitted yesterday there were difficulties with  NIPDEC’s 1998 audit results as it related to the statements prepared by Ernst and Young and NIPDEC’s accounting staff. Bayley who was present at yesterday’s sitting will return on Monday to question other witnesses who implicated him. The inquiry will resume on Friday at 9.30 am.