Long wait to know fate of Finsac Commission

Paul Henry

Thursday, March 11, 2010

THE judicial review challenging retired Justice Boyd Carey's chairmanship of the commission of enquiry into the financial sector meltdown of the 1990s is scheduled to begin on May 25.

The review, which is to take place before three Supreme Court judges, is scheduled to run until May 28.

The dates were set by Chief Justice Zaila McCalla yesterday during an in-camera hearing.

Justice Ingrid Mangatal in mid-February ordered the judicial review, following an application by former finance minister Dr Omar Davies, ex-financial secretary Shirley Tyndall, former Finsac chairman Patrick Hylton, and the Jamaica Redevelopment Foundation Inc.

The four are seeking Carey's ouster as chairman of the enquiry, amid allegations of perceived bias and "procedural unfairness". They are also seeking the ouster of commission members Charles Ross and Worrick Bogle.

The enquiry, which started last year September, has been halted by an order from Justice Mangatal, pending the outcome of the judicial review hearing.

The applicants have claimed perceived bias by Carey, in part, due to his reported debt with the collapsed Century National Bank -- one of the entities at the centre of the probe.

In addition, the applicants contended that Carey was among the class of persons -- delinquent borrowers and debtors -- whom the commission is required to determine whether they were treated fairly.

Complaints were also made about the way in which the enquiry had been conducted. Allegations were also made that "certain comments made by the commissioners from time to time have suggested that they may have prejudiced some of the issues" which are the subject of the enquiry.