Walter Rodney COI… Chairman warns of incomplete terms of reference

Jul 28, 2015 News

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…as late politician’s family beseeches Gov’t to allow two more weeks of public hearings

As the inquiry nears end, the immediate family of Dr. Walter Rodney and the Guyana Trade Union Congress (GTUC) are asking the new government to reconsider its imposed deadlines which disallows any more witnesses to publicly testify.

In the interest of fairness and impartiality, the family of the late politician yesterday lobbied for two more weeks to be dedicated to the public hearings of the Commission of Inquiry (CoI), into the death of former Leader of the Working People’s Alliance (WPA), Dr. Walter Rodney.

At the same time, as the Commission of Inquiry convened at the High Court Library, Avenue of the Republic, Georgetown, Chairman Sir Richard Cheltenham warned that with the imposed deadlines, there are terms of reference that may remain incomplete.

The fairness of the report could also be effected, the lead Commissioner warned.

The Commission of Inquiry is being conducted to determine the cause of former Leader of the Working People’s Alliance (WPA), Dr. Walter Rodney’s death.

Several interested parties have thus far expressed agreement with the November deadline set for completion; they have stated concerns over the imposed deadline for the Commission to conclude hearing closing submissions from lawyers by next Tuesday (July 28).

Concern has been expressed too, that crucial witnesses have been excluded from the inquiry.

Incomplete terms of reference

Before the start of yesterday’s proceedings, Sir Richard Cheltenham noted that since the last sitting on March 27, last, there have been significant developments in Guyana, particularly the change of government resulting from the May 11 elections.

The current administration led by President David Granger has determined that the inquiry will have two more days of public hearing, ending today. Both days have been devoted to receiving closing submissions from Legal Counsel representing various parties.

The following days have been designated for private sessions where, among other things, they will be analyzing the evidence before the Commission for their final report, expected to be completed by November 30.

The Chairman made it clear that the decision by the executive arm of government to terminate the public hearings was not unheard of, following a change in government. “It must be remembered that commissions of inquiry are creatures of the executive,” said Sir Richard.

He explained that while the executive arm may have been responsible for many decisions, like providing resources, it will have no hand in the findings and determination of the Commission.

Sir Richard emphasized, that the executive arm of government can influence neither the findings of the Commission, determine what evidence will be rejected, the weight that will be attached to evidence provided nor what the recommendations will be.

These areas, he said, are where they retain complete independence.

The commission has had 66 days of public hearings during which 29 persons would have testified, Sir Richard pointed out. Three of those witnesses – Former Head of the Guyana Defence Force (GDF), Major General Norman McClean; fraud convict, Allan Gates, and the late politician’s longstanding friend, Holland Yearwood – have not completed their testimony.

“The decision of the executive,” the Chairman surmised, “may well have implications for the thoroughness of the Commission’s report. As far as witnesses still to testify will not be heard, some of the terms of reference not adequately supported by testimony thus far, will remain in that incomplete state.”

“The fairness of the report will conceivably be impacted as well,” Sir Richard commented.

Extension Plea

Also expressing concerns over the deadlines attached, Queen’s Counsel (QC) Andrew Pilgrim, who represents the interest of Dr. Walter Rodney’s immediate family. He said that his clients were disappointed that the Commission will no longer be taking evidence.

His contention is that after waiting 35 years for answers, the Commission was being asked to truncate the proceedings, despite the fact that some “extremely significant and important” witnesses remain to be heard.

“The family of Dr. Walter Rodney comes to these hearings seeking some form of closure; seeking to have a hearing that would be looked upon as being fair and thorough, and done in the interest of justice,” Pilgrim remarked in a stirring 9-minute plead.

Pilgrim urged the Commissioner to lobby the executive to allow for two weeks of public hearings. He said in such a time, the commission would be able to do a complete job in light of all achieved thus far.

The application he submitted sought to allow essential witnesses to be brought. The QC spoke too of Salmon letters that were disseminated with hopes that those parties will come before the commission tomorrow.

During the proceedings it was said that Salmon letters have been sent to former People’s National Congress Leader, Robert Corbin; Minister of Education and Working People’s Alliance Leader, Dr. Rupert Roopnaraine.

In an inquiry, Salmon letters inform any party against allegation made against them and the evidence supporting them.

Pilgrim considered that the three-day notice was limited especially since some of the parties being informed by way of Salmon letter are residing overseas. Pilgrim pointed out that “it’s almost as if we are saying to them, we want you to have the opportunity to be heard but we are not giving you the opportunity.”

He said that the Salmon letters sent will be given greater impact and effect if they were accompanied by an extension of time before the curtain comes down on the COI on November 30.

He said given the deadlines imposed, counsel will not be given a chance to properly cross-examine those witnesses called by way of Salmon letter too.

The opportunity, he said, is still there to rescue this commission from being called a “poppy show” and to safeguard both the government and Commission from criticisms.

“We urge the executive to reconsider their position,” said Pilgrim as he asked for them to consider that two more weeks was necessary for a hearing that has in limbo for over three decades.

Pilgrim along with Attorney-at-Law Keith Scotland, who represents sole-eyewitness and brother of the late politician, Donald Rodney, had submitted a letter recently when they learnt of the direction being taken.

The application for more time was seconded also by GTUC Attorney, Brian Clarke.

PNC says time sufficient

The request for extension was nonetheless rebuffed by the People’s National Congress. Though he held the post as Guyana Trade Union Congress (GTUC) lawyer during the evidentiary stage of the inquiry, Attorney-at-Law Selwyn Pieters appeared on behalf of the People’s National Congress (PNC) yesterday.

The inquiry heard that he has resigned from the post to take up the position once held by Attorney General (AG), Basil Williams.

Responding, Pieters insisted that the timeline given was adequate. He said the deadline had been extended and the party believes that the inquiry was not being terminated prematurely. He said that nothing precluded written submissions for the issues to which the Salmon letters pertain.

Pieters argued that the Salmon letters could have been dispensed earlier but the Chairman highlighted that usual practice dictated that it be sent towards the end of any inquiry owning to the fact that the allegations made could add up as the inquiry progressed.

The recently appointed PNC lawyer said that the party understands the concerns raised but there is no breach of legitimate expectations.

The inquiry was set up after years of questions and speculations as to what led to Dr. Rodney’s death. Thus far, the inquiry has seen many travelling from far and wide to offer their testimony into the incident which occurred over three decades ago.

It was initially scheduled to last four months, following its April last year commencement date.

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