Questions Shift to Due Diligence and Integrity
Recent legislative changes have clarified that Bevis Sylvester is not automatically disqualified from the BVIHSA Board under statutory imprisonment limits, shifting public scrutiny toward Government's due diligence process. The debate now focuses on whether authorities properly applied the statutory 'fit and proper' and integrity tests before approving his chairmanship.
The controversy surrounding the proposed appointment of Bevis Sylvester as Chairman of the BVI Health Services Authority (BVIHSA) Board is shifting focus, moving from whether he is automatically barred by law to whether the Government properly applied statutory fit-and-proper standards.
Sylvester's appointment as member and Chairman of the BVIHSA Board for a three-year term on the recommendation of the Minister for Health and Social Development. However, the appointment of the Chair requires formal approval from the House of Assembly, bringing the governing legislation under heightened scrutiny.
Sylvester's 2004 conviction, where he pleaded guilty and served a six-month sentence for obtaining a pecuniary advantage by deception and neglect of duty regarding an airport telecommunications contract. While earlier discussions centered on past disqualification rules and the legal effect of an expunged record, the statutory framework was revised under the BVI Health Services Authority (Amendment) Act, 2024, which came into force on January 31, 2025.
Under the amended Section 5(7)(c), a person is ineligible for appointment if, within the five years immediately preceding the proposed appointment, they served any part of a prison sentence of at least 12 months, or are under a suspended sentence. Sylvester's sentence was six months and occurred two decades ago, it does not trigger the five-year statutory disqualification under the amended provision.
However, legal observers and reports from Guavaberry Media emphasize that not being disqualified does not automatically make a candidate fit and proper. The 2024 amendment explicitly established a statutory fit-and-proper requirement, mandating that prospective board members be persons of integrity and demonstrate accountability, experience, and adherence to the Code of Conduct under the Integrity in Public Life Act.
This has raised fresh questions regarding the depth of due diligence conducted by Cabinet prior to recommending the appointment. Scrutiny has also touched upon his broader career history, including matters examined during the 2021 Commission of Inquiry (COI) and unconfirmed reports regarding the circumstances surrounding his departure from Delta Petroleum, where he served as Regional General Manager.
Natalio Wheatley previously confirmed that he was absent from the September 9 Cabinet meeting where the decision was taken, as he was abroad on official duty while Governor Daniel Pruce chaired. Premier Wheatley indicated that the Government could undertake further due diligence to ensure all appointments strictly comply with statutory standards.
As the confirmation heads to the House of Assembly for debate, lawmakers and the public are calling on the Government to provide full transparency regarding the vetting process, demonstrating how the fit-and-proper and integrity requirements were evaluated before entrusting oversight of the Territory's healthcare system to the proposed board.
Primary source: Guavaberry