Trinidad CLICO probe to continue

(Trinidad Guardian) Sir Anthony Colman, chairman of the Clico/Hindu Credit Union (HCU) commission of enquiry, has shot down Director of Public Prosecutions (DPP) Roger Gaspard’s application to suspend the inquiry or change the way it is conducted. “My decision is that the enquiry will continue,” Colman said at yesterday’s sitting at the Winsure Building, Richmond Street, Port-of-Spain.

“We are at the stage where no changes shall be made in the way it is conducted and I shall not make recommendations to the President, or anybody else, on whether the terms of reference should be changed. “I will give my reasons in writing at a later stage,” Colman said, dismissing an application by Gaspard’s attorney, British Queen’s Counsel Edward Jenkins and a lengthy plea by Queen’s Counsel Andrew Mitchell, attorney representing former CL Financial chairman Lawrence Duprey.

Jenkins appeared before the commission at the start of the sitting and asked Colman for a private sitting away from the media. He said a story in yesterday’s Newsday stating he would appear at the inquiry yesterday to represent Gaspard caused him anxiety. Recalling the leak of Duprey’s witness statement to the Express, he said he did not know how the Newsday found out he was in the country and said that told about the confidentiality of information at the inquiry.

Colman acceded to Jenkins’ request and sent the media out of the courtroom and heard him in private. Gaspard’s application is related to his concern over the consequences of a criminal probe into Clico and HCU that started at the beginning of last month. Gaspard also wrote to Attorney General Anand Ramlogan asking him to advise President George Maxwell Richards to suspend the commission.

Ramlogan refused his request and Gaspard has warned him if he did not advise Richards immediately, the conclusion may be drawn that the AG was abdicating his duty to preserve the integrity of the administration of justice in this case. Gaspard said if the inquiry continued, it was likely to delay any prosecution and jeopardise the police investigation.

The DPP also wrote to Colman expressing concern that publicity on the case could stop a credible prosecution in the Clico and HCU matters. At the resumption of the sitting after midday, Mitchell spent a long time trying to persuade Colman to suspend the inquiry or change its focus to only recommending regulatory and statutory reform.

Colman, after saying he would continue the inquiry, and with the same terms of reference, noted Mitchell’s position was that the matter had resolved itself into a procedural issue over whether Duprey should be obligated to give evidence. Duprey has indicated his willingness to do so but has also said it would impact his fair-trial rights, Colman said.

Based on his rights, Duprey could go so far as to decline to give evidence and the same thing applied to Monteil, he added. However, he has concluded that no changes should be made to the terms of reference at this stage, nor should he ask the President to make such changes.

Former Clico Investment Bank (CIB) president Richard Trotman appeared before the commission in the afternoon session but announced his desire not to give evidence. Trotman said he was anxious and disquieted by what had transpired in the morning and asked to be recused from answering questions. He said he would seek advice on the matter.

Colman told him he was a very important witness and that he wanted to find out as much as he could from him and asked commission counsel, Peter Carter, QC, if that was a viable way forward. Carter suggested a list of questions could be prepared for Trotman by Wednesday afternoon which he could answer in writing. Colman said Trotman could answer all, some or none.

The inquiry was postponed to a day to be fixed since Trotman was scheduled to give evidence today and arrangements have to be made to have another witness replace him.