THE probe into the financial sector meltdown of the mid-1990s and Finsac's subsequent intervention was yesterday allowed to continue. But the hearings will have to proceed without Justice Boyd Carey, who was disqualified as chairman by the Judicial Review Court.

The continuation was made possible as the court refused an application to disqualify the other commission members — Charles Ross and Worrick Bogle -- as requested by the claimants. The commission which started its hearings last year September was suspended earlier this year due to the court action.

At the same time, Queen's Counsel RNA Henriques was disqualified by the panel of three judges — Justices Lennox Campbell, Paulette Williams and Leighton Pusey -- as the attorney for the commission.

Both Carey and Henriques were disqualified on the ground of perceived bias, as they were involved with failed companies that were taken over by Finsac (Financial Sector Adjustment Company), which intervened into the sector following the meltdown.

In handing down the ruling, Justice Campbell was keen to mention that the disqualifications were no indictment on the men's integrity or character.

"This ruling is not meant in any way to undermine, or meant to challenge the integrity of [Justice Carey]," said Justice Campbell, while saying the same about Henriques.

Campbell said that a recommendation would be made for the governor general to select a replacement for Justice Carey, a retired justice of the Court of Appeal.

The Attorney General's Department was ordered by the court to pick up the legal costs of the four claimants — former finance minister Omar Davies, ex-financial secretary Shirley Tyndall, former Finsac chairman Patrick Hylton and the Jamaica Redevelopment Foundation Inc.

The claimants had challenged Justice Carey's decision not to withdraw from the enquiry, after questions were raised over a debt which he allegedly owed to a bank that had collapsed in the financial sector meltdown. Justice Carey, it was further argued, was among a class of people whose treatment by Finsac the commission was mandated to look into. Henriques, the claimants argued, should be removed because he was board member of two financial institutions that had collapsed and had to be taken over by Finsac.

The claimants said the men's association with the commission would give the appearance of bias, when the body eventually comes to make a ruling.

Judgement was reserved last month following a week of trial.