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Boyd Carey booted from Finsac enquiry

Another member disqualified from commission; third person to be named

By PAUL HENRY, Observer staff reporter

Thursday, September 02, 2010



THE Judicial Review Court today disqualified retired Justice Boyd Carey as chairman of the suspended Finsac enquiry.

The court also refused to declare null and void, the enquiry into the financial meltdown of the mid-1990s and the subsequent intervention of the state-run Financial Sector Adjustment Company (Finsac).

The court ruled that a third person be named to the commission and refused to discharge the other commission members but disqualified RNA Henriques QC as the counsel to the commission.

The court had on August 13 reserved judgement on whether or not Carey should be disqualified from the sitting and the probe declared null and void, in the face of apparent bias.

The court reserved its decision following final arguments from lawyers representing the defendants — Carey, Charles Ross and Worrick Bogle — and the claimants in the Supreme Court hearing.

The claimants — former Finance Minister Omar Davies, ex-financial secretary Shirley Tyndall, former Finsac chairman Patrick Hylton and the Jamaica Redevelopment Foundation Inc — challenged Carey's decision not to withdraw from the enquiry and have asked the court to declare the commission null and void.

The claimants challenged Carey's chairmanship, arguing that he had a debt that was taken over by Finsac after the collapse of the financial sector in the mid-1990s. The claimants have contended that Carey is among the group of persons the commission is tasked with looking at how they were treated by Finsac.

The hearings were suspended earlier this year due to the court case.


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