Inquiry adjourned over quorum

IN THE absence of one of the Commissioners probing the Piarco Airport development project, can the remaining four continue the inquiry? This question prompted Commis-sion Chairman Clinton Bernard to adjourn the inquiry yesterday for the issue to be clarified. Bernard announced that he intends to bring the matter to the attention of the Attorney General out of an abundance of caution, so that Cabinet could advise the President to issue a fresh warrant to cover any group of commissioners sitting.  

Former Government Minister John Humphrey was due to continue his testimony yesterday but Bernard raised the question with attorneys following his  announcement of the absence and illness of Commissioner Peter Bynoe. He said Bynoe’s illness is temporary and he is expected back within a week. After listening to attorneys Sean Cazabon, Justine Phelps and Christopher Hamel-Smith, Bernard decided to adjourn the inquiry out of an abundance of caution. Noting the importance of the inquiry and the distance it has already covered, Bernard said he did not want to do anything to cause unnecessary recourse, so he adjourned the matter to today and will seek to get clarification as to whether the four commissioners constituted a quorum.

Bernard expressed the view that under Section 3 of the Act, he and the remaining commissioners could continue hearing evidence. He also noted that a similar situation existed in the inquiry into the  Election and Boundaries Commis-sion (EBC) and that Commission sat in the absence of one of its commissioners. Cazabon and Phelps shared Bernard’s view, but Hamel-Smith expressed concern about Section 2 of the Act. He argued that the President has a discretion, and it has to be determined whether the President’s warrant had specified five commissioners or any group of the five — four or three.

He said the matter has to be referred to the President for him to say whether he wants to exercise his discretion and introduce a quorum of four or three. Hamel-Smith said it would be practical to have the quorum of four or three, especially when the absent commissioner could read verbatim notes of  evidence taken. He said the failure to specify a quorum could have been an oversight. Bernard said hearing could be further adjourned until a day next week, but he will make that decision today.