But, as viewers are aware, several members of the UDP have indicated to
our newsroom that they will forcefully challenge the Commission's
findings in the Supreme Court. They pointed out all kinds of procedural
flaws and problems with the way that the Commission went about its
final report.
More importantly, they insist that the Commission violated their rights
to natural justice and fair defense, especially since the allegations
of misconduct are very serious.
We challenged the Chairman on a few of those pointed criticisms raised
yesterday, and here's that back and forth:
Reporter
"The harshest critics of this report suggest that the Commission was
doing a political job, a PUP job. The suggestion is that you behaved in
a biased manner."
E. Andrew Marshalleck, SC - Chairman, Commission of Inquiry
"But Daniel, let's be fair. I was on the front page of the Guardian
before the Commission did a single thing, being accused of embarking on
a witch hunt. I think the headline was Let the witch hunt begin. So
even before the Commission did a single thing, it was already decided
that whatever it did, would be treated in that fashion."
Reporter
"But the suggestion is that the way it was worded and the way it was
presented calls it into question."
E. Andrew Marshalleck, SC
"Well, nobody's perfect. There are always issues with that. People see
things differently. That's fine. But, we do want to be fair to
everybody. So as I said, if ex-Minister Hulse has some information that
shows that we're wrong, please send it to us. We'll publicly restate
the position we want to be fair, and that extends to anybody else
affected or named as well."
Reporter
"Sir, the suggestion to me, especially in the case of Mr. Hugo Patt,
the other side has interpreted that as a fact-finding mission that a
court of law would make, and the suggestion was that he took a bribe."
E. Andrew Marshalleck, SC
"No, no. I gave rise to — I said the information gives rise to
possibilities. Okay. We didn't decide what happened. We're saying that
given that we think this about it, it needs to be investigated. I don't
see how that information that came out before the commission can be
interpreted otherwise than to say, Look, this needs to be checked
further. To suggest that it's all OK, it's all right, that the story
was entirely in line, and everything is all right would have been a
complete miss from our perspective The commission, I think, is of the
view — I'm saying this. This is a view that was presented, that these
matters are of sufficient weight. They cause us to believe certain
things, and in light of that, we think it needs to be passed to the
authorities for investigation and action. And those investigations and
actions have to be in compliance with everybody's rights. It's not to
bypass or to diminish, in any way, any rights anybody has to defend
themselves."
Reporter
"Do you disagree with the position that the findings overreached into
the territory of the Judiciary?"
E. Andrew Marshalleck, SC
"No, we didn't find anybody guilty or innocent."
Reporter
"That's just their insistence though, sir. I don't know if that's the
spin."
E. Andrew Marshalleck, SC
"That's their interpretation of it, but we didn't. We didn't find we
are not empowered to find anybody guilty or innocent of anything.
Non-binding recommendations are made. There are no findings of guilt or
innocence there. And if anybody perceives it as that, I'm here to tell
you that there are none, and that's a wrong perception."
Reporter
"Some of the aggrieved persons have made that interpretation and are
intending to challenge you on the Commission."
E. Andrew Marshalleck, SC
"Well, they can exercise whatever rights they have, and I'm sure our
legal advisors; they'll be properly advised. I can't offer anything on
that. I can only tell you what the commission did from its
perspective."
We also asked the Chairman about the legal blowback for the Briceno
Administration, since the Commission of Inquiry was appointed by the
Government to conduct its investigation. Here's that part of our
conversation:
Reporter
"There is also this suggestion that this report opens up the government
to lawsuits."
E. Andrew Marshalleck, SC
"The government is always open to lawsuits. You can sue the government
anytime. We have the claim by Senator Peyrefitte to very Smart
contracts coming on for a hearing later today, I think. Government is
always open to lawsuits."
Reporter
"So, you don't agree with that position that things stated in there
specifically increased that risk."
E. Andrew Marshalleck, SC
"Look, the matters that we were asked to look into, to investigate,
obviously have political repercussions. But it's also important for
management and for the public. So, there are two sides to everything,
and those considerations must be balanced."
Reporter
"I've heard you insist multiple times in our conversation today that
any of the aggrieved parties, if they have information, you would be
willing to take that on board and restate the position, if you come to
a conclusion, based on that additional information, that you were
wrong. The suggestion to us is that most likely, the people who you
would want to invite those new submissions, they will take that to
court instead."
E. Andrew Marshalleck, SC
"That's up to them."
Reporter
"Are you concerned that maybe they may try to go around the protections
that you are afforded as a commissioner to try to come after you
personally?"
E. Andrew Marshalleck, SC
"People will do what they will do. There are certain things you
control, and there are some things you don't. There's no point in
dwelling on things you do not control."
We'll have a little more from that interview in tomorrow's newscast.
You'll hear the Chairman's comments on some of the important oversight
gaps in the management of the Government's fleet of vehicles.