Hanomansingh withdraws -Hussein to testify
Director of Public Prosecutions (DPP), Denis Hanomansingh, yesterday withdrew from the remainder of the Commission of Enquiry into incidents during the 55-day public service strike. And Commissioner Justice Carl Singh has ruled that union official, Dr Anwar Hussein, will have to "comment upon or contradict" previous evidence given before the commission. When the hearing convened at the Public Service Appellate Tribunal in Brickdam yesterday, Hanomansingh requested and was granted leave to withdraw by Justice Singh, though he did not give a reason for doing so. Former attorney general, Bernard De Santos, formally entered appearance for the police force. However, he requested some time in which to familiarise himself with the workings of the hearing, which he admitted he had not been following closely. Justice Singh adjourned the hearing to Monday, when First Vice- President of the Guyana Public Service Union (GPSU), Hussein, is expected to testify before the commission. Justice Singh ruled that pursuant to the Commission of Enquiry Act, which empowered him to call and examine witnesses on oath, Hussein would have to testify. He would then be given the opportunity to "comment on or contradict the evidence which prima facie implicated or concerned him or subjected him to possible criticism," Justice Singh said. Hussein will also have the opportunity to call witnesses, although yesterday his lawyer, Ian Chang, SC, indicated that they had no witnesses to call. Hussein, minus the neck brace which he wore to court on two occasions, was present yesterday to hear this ruling. He confirmed that he had received a letter from Justice Singh inviting him to comment upon or contradict the evidence before the commission. He also confirmed that at the same time he had received a summary of the evidence that had been laid before the court, albeit a day after the promised delivery date of Tuesday. Chang repeated a statement made by his associate, Senior Counsel Rex McKay, on another occasion, when he told the court that Hussein would be exercising his right not to give testimony incriminating himself. Justice Singh responded that his only objection to this would have been if Hussein had taken the stand without saying a single thing. The judge noted that Hussein's refusal to incriminate himself was in keeping with his rights under Section 12(3) of the Commission of Enquiry Act. However, he refuted Chang's contention that Hussein had not been given the opportunity to have his counsel present throughout the enquiry when testimony implicating him had been presented. The commissioner pointed out that at the beginning of the enquiry notices had been posted in the press and sent directly to the GPSU. He said that the GPSU had then indicated its intention not to participate in the enquiry, but this refusal could not stop him from using his coercive powers to secure the testimony of one of its members. He also dismissed arguments by Chang that it was the GPSU which had refused to participate after receiving the messages, not Hussein. "It would be very difficult to divorce the man Hussein from his position as GPSU's first vice-president as it related to this particular enquiry," the judge said. When Chang raised the question as to why Hussein's testimony, in particular, had been sought, Singh responded that no other union official had been implicated to the extent that Hussein had. These remarks were made in the presence of GPSU President Patrick Yarde who along with GPSU Economic and Project Officer, Randolph Kirton attended the sitting. Kirton, an attorney-at-law, told the court that he would indicate what his role would be in the commission when the opportunity arose. But Justice Singh stated that this intervention came at a late stage. He said that he had made his ruling in an effort to preserve fairness and still keep the commission's September 30, deadline. In keeping with this, Justice Singh said that given that Hussein had now put himself before the commission, the procedure would have to be changed. He said that Hussein would be examined by his counsel after which De Santos would cross-examine
|