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Business, Finsac Enquiry, News
May 10, 2011

Lawyer challenges Finsac Commission’s decision on witness questions

ATTORNEY Anthony Levy yesterday challenged the Finsac Commission’s decision to allow questions to witnesses only through an attorney, and offered his services free of cost to any debtor wishing to pose questions.

“All they have to do is hand me a note with the questions,” Levy told the commissioners.

He insisted that the commission’s decision was in contravention of Jamaica’s Constitution and added that in the Supreme Court debtors had the right to represent themselves.

“They can speak at the Supreme Court but they can’t speak here; I find it very wrong; they have been deprived of their rights,” Levy said.

“The commission has imposed on debtors an unfair burden to have to pay money to have an attorney,” the lawyer added.

Levy, who represents former Thermo-Plastics director Jean Desulme, charged that his client was prevented from asking questions of former NCB managing director Jeff Cobham when he was giving testimony at the enquiry.

He added that he (Levy) was also refused the opportunity to cross-examine former Eagle Group director Paul Chen Young when he gave evidence recently.

Chairman Worrick Bogle said the commission reserved the right to decide who posed questions to witnesses on the stand.

“We have a right to decide that questions should be addressed to a witness only through an attorney,” said Bogle.

Levy nonetheless stuck to his position, emphasising that despite the restrictions imposed by the commission any debtor who had queries should put them in writing and he would pose them.

“They [debtors] have a right to ask questions,” Levy said to murmurs of confirmation from observers at the sitting.

Secretary to commission Fernando DePeralto told the Observer after yesterday’s sitting that the established procedure was for debtors not represented by an attorney to formulate questions and submit them to the secretariat. The secretariat will, in turn, pose those questions to witnesses through the attorney marshalling evidence on behalf of the commission.

In the meantime, former Finsac managing director Patrick Hylton yesterday gave testimony at the enquiry, established two years ago to probe the 1990s financial meltdown.

The enquiry continues today with Hylton scheduled to again take the stand.

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