Finsac enquiry hits snag

[Karl]

Finsac enquiry hits snag
Lawyers granted judicial review to challenge Carey's chairmanship

BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com



Saturday, February 13, 2010

THE Supreme Court yesterday issued an order halting the continuation of the commission of enquiry into the financial sector meltdown of the 1990s and the subsequent intervention of the Financial Sector Adjustment Company (Finsac).


Justice Ingrid Mangatal made the order after acceding to an application for leave to apply for a Judicial Review of retired Justice Boyd Carey's refusal to withdraw himself as chairman of the enquiry amid allegations of perceived bias and "procedural unfairness".

CAREY... chairman of the Finsac Enquiry


CAREY... chairman of the Finsac Enquiry

1/1

The stay of the enquiry will remain in effect pending the outcome of the legal proceedings.


"I am of the view that the applicants ought to be granted leave to apply for judicial review. The matters raised in the grounds supporting this application are neither frivolous nor vexatious," said Mangatal in her written ruling.


"In my view, there are a number of arguable grounds relating to the procedural unfairness and irregularities which merit further consideration at a full hearing and which appear to have real prospects of success," she added.


The enquiry, which started last September, is scheduled to continue in April.


The applicants -- former finance minister Dr Omar Davies, ex-financial secretary Shirley Tyndall, former Finsac chairman Patrick Hylton, and the Jamaica Redevelopment Foundation Inc -- are also seeking the ouster of commission members Charles Ross and Worrick Bogle.


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 been prejudiced some of the issues" which are the subject of the enquiry.


Yesterday, Mangatal ordered that both the applicants and the respondents file, within the next six days, the relevant documents in preparation for the application for Judicial Review. The date for the first hearing of the review is March 9.

The application was not challenged as Lackston Robinson, the deputy solicitor general in the Attorney General's Department, withdrew himself last week Friday, just hours before the start of the hearing.


Last night, Solicitor General Douglas Leys told the Observer that a decision will be made whether or not to seek the overturning of Mangatal's decision after a study of the ruling.


In her ruling yesterday, Justice Mangatal said she believed that the reputation of the first, second and third applicants -- who, except for Davies, served on the board of Finsac -- could be "adversely affected by the determinations and procedures that may occur at the commission".


Appearing for the applicants were Queen's counsels Michael Hylton and Patrick Foster, Nicole Foster-Pusey and Dave Garcia.

http://www.jamaicaobserver.com/news/...--2010_7413980

[Karl]

Well I guess those who claimed the arguments raised on the Commission of Inquiry being 'lousy run' were only partisan posturing, can do any of the following;

Tell Justice Ingrid Mangatal she does not have a clue, she needs to go back to playing table tennis;

dismiss Justice Ingrid Mangatal's ruling as resulting from misreading of facts;

...or wheel and come again...agreeing that the reports we all saw in posts on this site was misread my them...and agree that those of us who questioned how the Commissioners were carrying out their duties i.e. appeared to be acting in a less than good faith manner, was bang-on!

I wonder if we shall hear from any of those who, for example, nearly tear-off wi 'ead'?

[Lazie]

All the judge has done is tell them to stop until a decision is made. Yuh aware of that? Why you people so adamant to stop this process is really eye opening.

[Gamma]

that it the ruling and it must be abided by...it is that simple. "is your all at the altar of sacrifice laid?"

one question karl, does it warrant a commission of enquiry, at all?

[Karl]

that it the ruling and it must be abided by...it is that simple. "is your all at the altar of sacrifice laid?"

one question karl, does it warrant a commission of enquiry, at all?

You have not been following this matter. When the outpouring on this board was we did not need a Commission of Inquiry as it would be a waste of money, while I agreed that our past experiences with Commissions of Inquiry would cause doubt...I was in favour of it.

So let me say - YES - once more.

I'll go a bit further and say, we need to expose the lousy ways too many of our businesses were run (have no doubt that some still are being being run in lousy manner - Not for nothing/not without cause are we known for excessive mark-ups to cover/paper over inefficiency!) - and review and find ways to strengthen our financial oversight regulations...and actual enforcement.

Secondly we need to expose the lie that every last single entity or person who failed lost shirt because of and only because of the high interest rate regime in force!

[Karl]

All the judge has done is tell them to stop until a decision is made. Yuh aware of that? Why you people so adamant to stop this process is really eye opening.

That is not true!
She made statements as to the legitimacy of the arguments offered!

...btw - the biggest statement made is, lack of a challenge to the application and considering this is a public inquiry, the withdrawal of Lackston Robinson, the deputy solicitor general in the Attorney General's Department i.e. the GOJ/the people's rep.