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JUN 18

A submission put forward by Barrister-at-law, Ruggles Ferguson on behalf of Opposition Leader Tillman Thomas requesting to be an official party to the Briefcase Commission of Inquiry was overruled Tuesday.

The opposition bid was turned down by Barbadian jurist, Dr Richard Cheltenham. Who is is heading the one-man Commission looking into allegations of financial wrong-doings involving Prime Minister Dr. Keith Mitchell.

The Commission reconvened at the Grenada Trade Center Monday, after a nine month delay due to damage caused to York House as a result of the passage of Hurricane Ivan last year.

Governor General Sir. Daniel Williams ordered the Inquiry following allegations published in the April 30, 2004 Offshore Alert newsletter in Miami, claiming that Dr. Mitchell had accepted US$500,000.00 as a bribe from fraudster, Eric Resteiner in exchange for his appointment as Trade Counsellor for Grenada.

The application by the Opposition Leader for representation was made by President of the Grenada Bar Association (GBA) Ruggles Ferguson of Ciboney Chambers. Ferguson told Monday's sitting that Thomas, the political leader of the main opposition, National Democratic Congress (NDC) had requested full participation standing in the Commission with the right to examine and cross examine witnesses.

"The Opposition Leader wants the right to participate fully in the proceedings hearing including the right to examine and cross examine witnesses", Ferguson told the inquiry. The application was made pursuant to the Commission of Inquiry Act cap 58 of the 1990 Revised Laws of Grenada under section 18.

It states that once a person's conduct is the subject of an Inquiry or who is in any way concerned or implicated in the matter, that person will be represented by Counsel throughout the Inquiry. Dr. Mitchell's Counsel, former Trinidad and Tobago Attorney General Ramesh Lawrence Maharaj, objected to the opposition submissions on the grounds that Thomas is not the subject of the Inquiry.

Maharaj pointed out that Section 18 relates to persons whose conduct are the subject of the Inquiry as well as persons implicated in the matter and any other person whose interest is adversely affected.

"In order for the Leader of the Opposition to satisfy the Commission, in my respectful view he must show that his conduct is the subject of the Inquiry, he is any way implicated or concern or whether his interest has been severely affected", he said.

Counsel to the Inquiry, Guyanese Dr. Fenton Ramsahoye in his interpretation of the submission pointed out that since the Opposition Leader is in no way implicated there is not a need for him to be represented by Counsel at the Inquiry.

He believes Thomas can be of assistance later by submitting a Memorandum to the Commission on how funding for overseas travel involving Cabinet members and other public officials by non-Treasury resources should be put in place as well as how persons can be appointed to the Diplomatic Service.

In his ruling on Tuesday, Commissioner Cheltenham agreed with the submission of Maharaj that the opposition leader is not the subject of the Commission of Inquiry.

"I am also of the view that the Leader of the Opposition nor any official opposition member is the subject of the Inquiry or in any way concerned or implicated in the matter", Dr. Cheltenham said.