Hussein's testimony further delayed over self-incrimination arguments
By Patrick Denny
Dr Anwar Hussein's testimony before the Commission of Enquiry into incidents during the public service strike was yesterday adjourned to another date after his counsel, Rex McKay SC, advised that his client would not be obliged to answer incriminating questions. Yesterday's adjournment, ordered by Commissioner Justice Carl Singh followed another postponement on Monday which was caused by Hussein's absence. Hussein, the first vice-president of the Guyana Public Service Union (GPSU) told the commission yesterday, that he had reported at the Public Service Tribunal on Brickdam on Monday at 0930 hrs. The hearings began at 0900 hrs, but, according to Hussein, he had been told by one of his counsel, Ian Chang SC, to report for 0930 and had acted accordingly. His explanation was eventually accepted by Justice Singh who nevertheless noted that he was striving to block out of his mind the commission's previous attempts to get Hussein to testify. These had culminated in Justice Singh ordering Director of Public Prosecutions, Denis Hanomansingh, to prosecute Hussein for his refusal to testify before the commission. That directive was later withdrawn by the judge after legal arguments on Hussein's behalf by McKay and an investigation, which revealed that a policeman had misled the judge about serving the subpoena on Hussein. Justice Singh yesterday also rebuked Hussein for a televised comment in which he had referred to the commission's hearings as a "trial". In Justice Singh's words "This is not a trial. No penalties will be imposed. I am merely gathering information [and] making an enquiry... no one will be penalised unless I make a recommendation and at this point in time, that is the furthest thing from my mind." The doctor accepted the rebuke and also assured Justice Singh that he had no "attitude" towards the commission, after which the court heard submissions from McKay. The lawyer cited a number of authorities to support his contention that Hussein could not be compelled to incriminate himself or alternately any evidence given should not be used against him. In response, Justice Singh noted that after Hussein testified, a decision would have to be made as to whether his statements tended towards self incrimination. He repeated his earlier statement that he had no problem with Hussein not incriminating himself since that was a right provided for under Section 12(3) of the Commissions of Enquiry Act. His only objection, he said, would have been if Hussein were to sit down on the bench and state that he had nothing to say. McKay assured the judge that was not what he had advised Hussein to do and that his client would indeed be testifying while exercising his right to avoid self incrimination. In deference to the legal presentations made by McKay, Justice Singh ordered the court to be adjourned to September 27. He promised that he would use the time to acquaint himself with McKay's authorities and would also make copies of these available to Senior Counsel Bernard De Santos, who is representing the police in the enquiry. The commission then turned its attention to the last outstanding matter before it--the forced entry by police ranks of the GPSU Hall on June 15. McKay advised the commission that this incident, during which a 60-year-old woman was allegedly assaulted by a policeman, was the only one which concerned the GPSU. Justice Singh then confirmed that the commission was in possession of statements from the woman, identified as a Joan Adams, that had been sent by Hussein's legal team. According to McKay, Adams and another witness, whose statement was yet to be received by the commission, would be the only ones called by him in relation to the incident. The hearings are expected to conclude on September 30.
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