Crown ordered to provide information

The application for Judicial Review of Audit and the Public Expenditure Review Committee in their investigation into the activities of the Cook Islands Investment Corporation and the role of the CEO has been an eye opener. .
Legal counsel for John Tini raised many issues regarding the flouting of the principles of fairness and natural justice in their dealings with the CEO in the audit investigations of CIIC projects carried out during his term as CEO from June 2007.
The motion for Judicial Review is all about asking the court to exercise their inherent jurisdiction to review the actions of government or public bodies to ensure they have remained within their legal limits or the court may find they have acted beyond their powers (ultra vires)..
There is evidence, for instance, that the Audit Office not only led the investigation but it was also the Audit Director who drafted the letter of suspension to Tini, which was hardly impartial and highly improper to boot. The suspension was without notice to Tini who was overseas with his Minister on a work related trip at the time and Audit were well aware of the fact. The letter was not sent to Tini but to his wife who received it by email causing her great distress.
After announcing the suspension in the media, Audit continued to leak progress reports, which is highly irregular in audit investigations but also prejudicial to the position of the person being investigated.
Another instance of being unfair was in ambushing him at a meeting at which disgruntled suppliers from Aitutaki were present but without giving Tini prior notice as to their concerns.
Justice Grice has made an interim order that the Public Expenditure Review Committee and Audit Office are to provide the temporarily suspended CEO of Cook Islands Investment a proper list of the allegations against him within 10 days.
What CIIC has achieved under the CEO
The major project was undoubtedly the Indoor Multi Sports Complex (now the Telecom Sports Arena) which took 10 months to construct – within budget and on time for the World Youth Under 21 Netball Championship held in August 2009 and the Pacific Mini Games in September 2009.
During that time, the CEO and CIIC were under ‘tremendous pressure’ to not only perform within tight deadlines and budgets but CIIC also had to cope with public speculation that the projects would never be done on time or at all. There was no room for error given that the two major sporting events were not a movable feast.
At the same time, CIIC was managing the repair and upgrade of the Aitutaki Power Station plant which attracted much political interference. On top of that there were moves to have the plant sold off to private concerns rather than remain in public ownership. However, due diligence of the company bidding for the power plant revealed the directors had no proven experience in power plants and had recently incorporated their company in New Zealand with a capital value of $200. The bid was declined and the backers were not happy, to say the least.
Completed projects included the repair of schools on Rarotonga and outer islands, upgrade of games facilities, upgrade of Tereora Stadium (the BCI Stadium), upgrade of Tereora sewerage and water. The school upgrades had to be done during Christmas holidays to ensure as little disruption to school routines as possible given that the schoolrooms were to be used as billet rooms for the athletes during the Pacific Mini Games.
However, instead of accolades for an excellent job achieved despite the calls by government and sports people to ensure the country delivered a good Pacific Mini Games against the background of the counter notion by the other half of the population that the projects were a waste of public money, the CEO has been subjected to abuse and innuendo.

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