FORMER permanent secretary in the Ministry of Labour and Social Security (MLSS) Colette Roberts Risden has scoffed at a finding by the Integrity Commission’s director of investigation (DI) that she breached the rules relating to conflict of interest when she signed off on two contracts for a company operated by a cousin of her husband.

“Neither I nor my husband have any beneficial interest in the company, the procurement procedures were undertaken by the procurement unit, the company is a duly registered contractor with the PPC (Public Procurement Commission) and there is no evidence that the company received any special treatment,” Roberts Risden said in her response which is included as an appendix in a report which the commission tabled in Parliament on Tuesday.

Roberts Risden further argued that she had no reason to reject the procurement process and that her functions as permanent secretary are not delegable unless there is an official acting, so she could not recuse herself from the process.

According to the IC’s report, following a complaint to the commission on August 13, 2019, an investigation was launched into contracts awarded by the MLSS between 2016 and 2019.

The probe focused on two contracts awarded by the ministry to Nubian 1 Construction which involved variations or cost overruns totalling just over $23.6 million.

While concluding that the variation on both contracts should have received endorsement from the National Contracts Committee (now known as the Public Procurement Commission), the DI focused on the perceived conflict of interest.

According to the report, the DI concluded that there is a familial link between Roberts Risden and Wayne Gadishaw, the principal of Nubian 1, which raises significant concerns.

“The DI’s conclusion is premised on the following: a) Mrs Colette Roberts Risden’s representations in her February 8, 2023 statement were that she was not aware of who the principal at Nubian 1 was at the time she approved the recommendation for the award of the first contract.

“However, she became aware of the identity of the principal at the time of the signing of the contract; and b) In respect of the second contract, which was awarded in April of 2019, Mrs Roberts Risden also approved requests to award the contract to Nubian 1,” the report said.

The DI noted that Roberts Risden said, having recognised the surname when signing the first contract she made enquiries and realised that “Wayne Gadishaw is the same person who I know as Ludwig Gadishaw”.

She said she disclosed the relationship between her husband and the principal of the company to the then director of administration in the ministry, “to ensure and to try as best as possible to not have any real or perceived conflict in the execution of said contract”.

But the DI reported that when contacted the former ministry official said he could not remember the details surrounding the matter.

According to the DI, while Roberts Risden maintains that she was not directly involved in the procurement process connected to the contracts there was still a conflict of interest.

“The DI further concludes that even if one were to overlook the first instance of Mrs Roberts Risden approving a contract between Nubian 1 and the MLSS… the second instance of her signing, which occurred approximately two months after she became aware of the potential conflict of interest, occasioned by her concurrent familial connection with Nubian 1 and her obligations to the MLSS, cannot be likewise ignored.

“On the contrary, she had a duty to make the appropriate disclosures and recuse herself from the process and/or seek guidance as to how she ought to have proceeded,” added the report.

The DI further concluded that the relationship between Roberts Risden and Gadishaw and her failure to follow the policies and applicable legislation, prevented the conflict of interest situation from being appropriately managed, was a breach.

“The DI recommends that a copy of this report be referred to the Office of the Services Commission for consideration,” said the report.