Section 1

50 Commissions of Inquiry (Gazetted 27th July, 2009.) To: The HON. JUSTICE ADOLPH LUCAS WHEREAS, there have lately been certain public allegations of improprieties and wrongdoings at the Karl Heusner Memorial Hospital (hereinafter referred to as “the Hospital”) with particular reference to the procurement of pharmaceutical, medical and other supplies and equipment; AND WHEREAS, it is the declared policy of the Government to ensure transparency and accountability in public expenditures and to fully investigate all complaints of improprieties and irregularities involving such expenditures and processes; AND WHEREAS, in pursuance of the above objectives, it seems to me desirable that an impartial and independent inquiry be instituted into the said allegations and that a Commission of Inquiry shall issue as hereinafter provided: NOW KNOW YE, that by virtue of the powers and authority vested in me by section 2 of the Commissions of Inquiry Act, Chapter 127 of the Laws of Belize, Revised Edition 2000-2003, I, DEAN O. BARROW, PRIME MINISTER, do by this Commission, appoint you the said Hon. Justice Adolph Lucas, Ms. Julia Castillo, and Mr. Commissions of Inquiry 51 Orvin Nicholas to be the Commissioners for the purposes hereinafter set out with all the powers by the said Act conferred and I DO authorise you the said Commissioners in the manner in the said Act provided, to conduct a full, faithful and impartial inquiry into the public allegations of improprieties and wrongdoing at the Hospital, with specific reference to the following matters, to wit– (a) to investigate the procedures and processes for the procurement of pharmaceutical, medical and other supplies and equipment at the Hospital during the period 1st January 2007 to 30th June 2009; (b) to determine whether proper procedures, practices and applicable rules and regulations were duly observed in the procurement of such supplies and equipment and whether all purchases were made transparently; (c) to determine whether the procurement practices for goods and services at the Hospital were within the ambit of approved or established policy and were carried out without waste or abuse; (d) to review and comment on the independent audit report on the financial administration of the Hospital during the said period, when completed; (e) to determine whether any improprieties, irregularities or wrongdoings occurred in the procurement of such supplies, medications and equipment and whether there was any fraud, corruption, mismanagement, waste or abuse in the procurement of such supplies and equipment; and if so, to identify the person(s) responsible, if possible; 52 Commissions of Inquiry (f) to identify the weaknesses in the procurement processes, if any, and to recommend corrective measures to ensure transparency and accountability at all levels; (g) to recommend any action that may be taken against any defaulters for transgression of the established rules, practices and procedures, or for commission of any other act of impropriety or wrongdoing; (h) to hear and determine any other matter relating to the above. I HEREBY DIRECT that you the said Hon Justice Adolph Lucas shall be the Chairman of the said Commission to hold the inquiry as aforesaid and I also direct that each of you having made and subscribed an oath or affirmation before a Magistrate as required by law and having deposited the same with the Secretary to the Cabinet, you do hold your meetings with due urgency and expedition at such place or places and at such time or times as you the said Commissioners may appoint and that you the said Commissioners do make report(s) as soon as may be practicable of the result of your inquiries, with such comments and recommendations as you may think fit, furnishing me with a full statement of your proceedings and of the reasons leading to the conclusions and recommendations at which you may arrive or report. I HEREBY FURTHER DIRECT that in the event you the said Commissioners are unable to present a unanimous report despite best endeavours, you may submit your separate reports with your own conclusions and recommendations. I DO HEREBY FURTHER DIRECT that the inquiry shall be held in public. AND I DO HEREBY REQUIRE AND DIRECT that all public officers and other persons to whom you may apply Commissions of Inquiry 53 for assistance or information for the purpose of your investigation to render all such assistance and furnish all such information as may be rendered and furnished in that behalf. MADE at Belmopan this 27th of July 2009. Prime Minister