Carey booted from FINSAC Commission of Enquiry

The controversial Commission of Enquiry into the operations of FINSAC will have to find a new chairman.

The Judicial Review Court ruled on Thursday that retired Jurist, Justice Boyd Carey, should be removed, as chairman of the FINSAC Commission.

However, all is not lost, as the High Court gave the government the go ahead to continue with the FINSAC probe.

No hard feelings

The panel, led by Mr. Justice Lennox Campbell, ruled that Justice Carey should be disqualified as he has been affected by FINSAC. 

He said Justice Carey should not view the ruling as an attack on his character.

Justice Campbell made it clear that no evidence was produced at the hearing to impune the character of the retired jurist.

The Commission will also have to find a new legal counsel as the court ruled that the Commission's attorney, R.N.A. Henriques should also be removed.       The court said that both men have been affected by FINSAC.

The Court however refused the application to remove Charles Ross, as one of the Commissioners.

Enquiry to go on

However, there was some good news for the government when Justice Campbell indicated that the Commission can commence its work even with the two remaining Commissioners.

He said a letter will be sent to the Secretary of the Commission about the disqualification of the Chairman.

He argued that the Governor General could appoint a third member to replace Justice Carey.

Strong Objection

Thursday's ruling came in the wake of strong opposition to the panel that was appointed by the government to investigate the 1990's financial meltdown and whether FINSAC treated its debtors fairly.

A group headed by former Finance Minister Dr. Omar Davies led the objection to Justice Carey's chairmanship.

The group which also includes former Financial Secretary Shirley Tyndall; officials of the Jamaican Redevelopment Foundation (JRF) and former FINSAC Managing Director Patrick Hylton, had accused Justice Carey of being a FINSAC debtor.

They pointed to an overdraft he had with the collapsed Century National Bank which was taken over by FINSAC.

They claim his debt made him unfit to adjudicate in the enquiry.

They also argued that his wife was also a FINSAC debtor.

The group also objected to the appointment of businessman Charles Ross, as Commissioner and Attorney R.N.A. Henriques, as Legal Advisor to the Commission. 

They argued that Mr. Ross was critical of the government's handling of the crisis and had already formed an opinion on the matter. 

They also say Mr. Henriques was a Director in a company that was taken over by FINSAC.

Justice Carey denied the claims and his lawyers argued that the claims were an attack on his character.

Meanwhile, Queen's Counsel, Michael Hylton, says the ruling vindicated the position taken by former Finance Minister, Dr. Omar Davies, and members of the group.

“We of course are very pleased by the ruling. We think it has vindicated the position that we took before the commission and it is somewhat unfortunate that we had to come to court but that’s why the courts are there,”

“They made it very clear that this was not a sign of any lack of integrity or anything like that but given the FINSAC connection by law that is a disqualification so they ruled that the commission cannot continue presently constituted,” Mr. Hylton said.