Report slams ex-Cera pair
Kiwi swimmer dives into US-Mexico border row Investigator finds men had conflict of interest with private business they also ran
New Zealand ultra-distance swimmer Kim Chambers is diving into the political currents of United States and Mexico border relations.
The 39-year-old is part of a team making a cross-border ocean journey to raise funds for families who have suffered fatalities at the US-Mexican border.
Over the years thousands have died or gone missing trying to enter the US from Mexico. The swim is not meant as a protest against US President Donald Trump’s plan to build a border wall, but aims to draw attention to border issues.
Areport into employees of the Canterbury Earthquake Recovery Commission who set up a business on the side to make cash while employed by the public sector, has come with a warning to the sector not to re-employ them.
The results of a State Services Commission investigation into former Cera employees will be looked at by the Serious Fraud Office, Commissioner Peter Hughes confirmed yesterday.
Cera staffers Gerard Gallagher and Simon Nikoloff set up a private company, Project Investment Management Ltd (PIML), through which investors would pay them a fee on private property deals.
A third Cera staffer, Murray Cleverley, was a shareholder in that same company — but the report has found no evidence that he was involved in its operations.
The State Services Commission
Chambers told the Herald: “This swim is particularly special, and due to the political sensitivity of the border, we have been careful to ensure that we are respectful of all government authorities, and within the bounds of the law.”
The US Coast Guard, the Mexican Navy, and Mexican immigration authorities and the US Department of Homeland Security were all aware of the swim “and have wished us luck”, Chambers said.
For the 12 swimmers, the main hazard was not sharks but raw sewage in the sea. Depending on conditions, the group could cover anywhere from 10 to 17km of the was asked to investigate after that company was involved in the private sale of the damaged Youth Hostel building in Manchester St in Christchurch in late 2014.
Former solicitor-general Michael Heron QC, who led the investigation, said the parties involved thought they were dealing with Cera employees, but were actually dealing with the two men in their roles with their private business.
Hughes said yesterday the actions of Gallagher and Nikoloff amounted to serious misconduct, and he has referred the results of the investigation to the Serious Fraud Office to see whether any of the activity was of a “potentially criminal nature”.
But Gallagher and Nikoloff have released a joint statement claiming the report has cleared them of any wrongdoing.
They claim Cera was fully aware of their actions.
“At no time have we obtained personal gain for Cera-related activities.” Pacific Ocean. The swim, on May 5, leaves the US at Imperial Beach in California and goes to Tijuana in Mexico.
Six kayakers will guide the group, which includes longdistance swimmers from Mexico, the US, South Africa and Israel.
Funds raised by the swim will go to support the work of the Arizonabased Colibri Centre for Human Rights. The centre has created a DNA database to help identify the remains of immigrants found in the stifling Arizona desert. Nearly one third of more than 2500 sets of human remains found since 2001 are unidentified.
Heron maintains in his report Nikoloff and Gallagher had a conflict of interest by September 2014, and that they were aware of it but did not disclose it.
Gallagher and Nikoloff were both working with the Crown Company Otakaro Ltd when Cera was disestablished, but were stood down from their roles when the investigation began. An investigation by the chief executive of Otakaro found the
Originally from the King Country, Chambers discovered swimming just six years ago as she recovered from a life-threatening leg injury.
The software designer lives and works in the San Francisco Bay area.
Just the third woman to complete the Seven Oceans challenge, she made oceanic swimming history 18 months ago when she crossed 50km of cold, shark-infested seas from the Farallon Islands to the Golden Gate Bridge, becoming the first woman to make the journey. On the web kimswims.com
Based on what I have seen in Mr Heron’s report, if it were up to me I would not employ these individuals. State Services Commissioner Peter Hughes
two men had behaved in a similar way while employed there.
“I am unable to direct state sector employees when making employment decisions, however based on what I have seen in Mr Heron’s report, if it were up to me I would not employ these individuals,” Hughes said.
Heron’s report showed Cleverley was a shareholder in PIML, but there was no evidence he was involved in the company’s operations. He had not declared his shareholding in the company to Cera because he believed it was not operating, something Hughes labelled “a significant error of judgment”.
The report also looked at Cleverley’s position as director of Silverfin Capital, a company which leased property to the Canterbury DHB.
Cleverley yesterday resigned as chairman from Canterbury and South Canterbury district health boards to protect their reputations and avoid issues around perceived conflict of interest.