Miami Herald, St.John’s, April 2002 “Tiny Caribbean Island Confronts Huge Insurance Fraud” by Charles D. Sherman

Anthony Astaphan, Q.C. Attorney at Law : Official response to articles published in online media about Hon. Asot A Michael MP

Miami Herald, St.John’s, April 2002 “Tiny Caribbean Island Confronts Huge Insurance Fraud” by Charles D. Sherman

The Medical Benefits and Allegations of Fraud

A Commission of Inquiry was appointed by the Governor General on the advice of the Prime Minister Lester B Bird to inquire into allegations of wrongdoing at the Medical Benefits Scheme. The inquiry lasted several months and its proceedings were open to the public and broadcast live on radio. The well-respected Caribbean Economist Sir Alistair Mc Intyre headed the Commission. Counsel to the Commission of Inquiry was Mr. J. Cheltenham, Q.C. from Barbados. The Commission permitted Counsel to represent a number of Non Governmental Organizations. The Report of the Commission of Inquiry speaks for itself and findings were made against a number of individuals including two former Ministers of Government. But what is critical is that there was absolutely no evidence against or implicating or finding against either Lester B Bird or Asot Michael. Asot Michael was never summoned or subpoenaed to give evidence by the Commission and no findings were made against him. It should also be pointed out that Lester B Bird was not summoned or subpoenaed to give evidence and no findings were made against him. The findings were limited to officers of the Medical Benefits Scheme and former Ministers of Health. Asot Michael never held the office of Minister of Health.

Asot Michael and The Medical Benefits Scheme

Prior to the Commission of Inquiry attempts were made to stigmatize Asot Michael with improper conduct in relation to a payment to him of part of the cost of the gastric bypass surgery undergone by him. The facts are that Asot’s surgery was not cosmetic. He was instructed by his doctors to have gastric bypass surgery as a matter of life or death. His weight was escalating (near 360 pounds) and his health was seriously at risk. In addition Asot Michael never requested payment or assistance from the Government or Medical Benefits Scheme. Members of the Cabinet decided, while he was still in intensive care at the hospital in New York fighting for his life, that the Medical Benefits Scheme should make a $20.000,00 USD contribution to the total cost of the surgery, which exceeded USD $ 100.000,00. The Cabinet of Antigua and Barbuda made that decision in accordance with the long outstanding practice of contributions by the Medical Benefits Scheme to medical expenses incurred by Ministers of Government. Investigators and Counsel to the Commission of Inquiry reviewed the payment and as indicated above Asot Michael was never summoned or subpoenaed to give evidence and no findings were made against him. That is significant because the Commission was under constant public scrutiny, and a number of Attorneys at Law representing persons and groups hostile to the then Government were always present. As a result, there can be and was no bona fides accusation of bias or favouritism. The clear and obvious inference is that the Commission of Inquiry found no misconduct on the part of Asot Michael or illegality or unlawfulness in the payment made to him. The Chairman who said in his concluding remarks that there was absolutely no reason to drag Asot Michael through the Commission of Inquiry save to satisfy the appetites of those bent on causing mischief confirmed this.

The Apology and Compensation from the BBC

Sometime after the Commission of Inquiry the British Broadcasting Corporation (hereinafter “the BBC”) published a report on the 5^th and 6^th July 2002 in which it accused the then Prime Minister Mr. Lester B Bird of fraud in relation to the Medical Benefits Scheme, involvement in drug trafficking, gun running, and Monique Barua. Solicitors in the United Kingdom acting for Mr. Bird Messers Charles Russell & Co instituted proceedings for defamation against the BBC. The proceedings are numbered HQ02X02696 in the Supreme Court of England and Wales. After negotiations with Mr. Bird’s Solicitors the BBC agreed to issue, and issued, a public apology and paid approximately PDS 50.000,00 (sterling) in compensation to Mr. Bird plus legal costs. The terms of the settlement are contained in an Order dated 31^st Day of October 2002. The apology was broadcast in a 7.00am news bulletin broadcast on Radio 4 Today programme on in a news bulletin broadcast between 12.00 noon and approximately 1.00pm GMT in the BBC World Service News hour radio receivable in Antigua & Barbuda, Anguilla, the Bahamas, Barbados, the BVI, Dominica, Grenada, Jamaica, Monsterrat, St.Kitts & Nevis, Sty. Lucia, Trinidad & Tobago.

Additionally, in a Statement In Court the BBC admitted and accepted the following:

“ …the Inquiry did not find that Mr. Bird has misappropriated any sums from his country’s health care system, whether to spend on parties, presents or foreign trips for friends or colleagues or anything else. Nor did the Commission of Inquiry make any finding that he was guilty of any such conduct. Indeed, no allegation to this or any similar effect was made in the course of that Inquiry’s investigations.

The BBC also withdraws its statement that Mr. Bird has been involved in gun-running or drug trafficking. Contrary to what was said on the Today programme the British or American authorities have never accused him of being involved in such activities.

…..the BBC does now recognize these reports were inaccurate and so conveyed a misleading impression of the Commission’s findings and the conduct of Mr. Bird. The BBC is therefore here today by its Solicitors to apologize publicly to Mr. Bird.”

The apology broadcast by the BBC was in the following terms:

“ The BBC has apologized in Open Court to the Prime Minister of Antigua and Barbuda, Mr. Lester Bird, over reports carried in early July concerning a Commission of Inquiry which subsequently found that allegations of serious malpractice in relation to the Country’s health fund were substantiated. The BBC reports that the Commission had found that Mr. Bird had spent more than 200 million dollars from the country’s health fund on parties, presents, and foreign trips and cosmetic surgery for friends and colleagues. The reports also inaccurately stated that Mr. Bird had previously survived allegations of gun-running or drug trafficking. The BBC has agreed to pay Mr. Bird damages and legal costs.

In fact, no allegations were made in the course of the Inquiry’s investigations against Mr. Bird. The Commission made no findings against him and he did not feature personally in the Inquiry.”