Carrie-Ann Moreau, sexual harassment complainant against former sport minister Darryl Smith, wants to go public but cannot because the non-disclosure agreement (NDA) that secured her silence was re-activated after the investigating committee completed its work.
The NDA that was lifted in May 2018 so Moreau could testify before the Jacqueline Wilson-chaired committee resumed after the life of the committee. As a result, Moreau, whom sources say is ready to speak, is gagged.
Sources close to Moreau, Smith’s former personal assistant, told the Express she has expressed disbelief, frustration and anger about the fate of the report, deemed “unusable” by Prime Minister Dr Keith Rowley and Attorney General Faris Al-Rawi.
The NDA was a controversial feature of a $150,000 Industrial Court settlement between the Ministry of Sport and Youth Affairs and Moreau following her dismissal on May 3, 2016, exactly six months into her three-year contract. The Express, on April 8, 2018, reported exclusively details of Moreau’s witness statement filed in the Industrial Court.
Who conceived of the NDA, who drafted and executed it, who authorised it and the ethics of using an NDA to secret pay-out of public money are among the key questions believed to be answered in the committee’s report.
The Express reported on May 6, 2018, that the NDA had been invalidated to allow Moreau “to speak frankly and fully” to committee members Wilson, Folade Mutota and Elaine Green. Moreau was interviewed by the committee later that month.
The lifting of the NDA, the Express confirmed last year, was initiated by the ministry. Sources said then that a document releasing the ministry and Moreau from the NDA was signed by the ministry in the first week of May 2018 before being sent to Moreau for her review and signature.
The committee conducted several interviews with key actors in the sexual harassment scandal that resulted in the reassignment of Smith to the position of minister in the Ministry of Housing and, 24 hours later, his dismissal from that office. Smith remains Member of Parliament for Diego Martin Central.
During its investigation, the Express learned the committee was presented with witness testimonies of Smith’s alleged sexually inappropriate behaviour during his tenure as sports minister.
Smith has maintained his innocence. He told the Express on April 10, 2018—the day he was fired: “The allegations made against me and the impression they seek to create are absolutely false, and I look forward to the opportunity to provide important evidence to the committee appointed to review these matters, which I am certain will clear my name.”
Smith appeared before the investigators in the company of his lawyer.