Grenada Today - The National Newspaper of Grenada, Carriacou & Petite Martinique

The opposition National Democratic Congress (NDC) has sought Judicial Review in the island's High Court against the decision by Barbadian Queen's Counsel Richard Cheltenham, to turn down their application to be officially represented at the Commission of Inquiry looking into allegations of wrong doings involving Prime Minister Dr. Keith Mitchell.

Barrister at-Law Ruggles Ferguson of Ciboney Chambers made the application on behalf of Opposition Leader Tillman Thomas during the sitting of the Commission last week at the Grenada Trade Center.

He told Cheltenham, the sole Commissioner, that the opposition wants to be part of the hearing with the right to examine and cross examine witnesses. Ferguson made his decision based on Section 18 cap 58 of the 1990 Revised Laws of Grenada under the Commission of Inquiry Act.

The section says that once a person's conduct is the subject of an Inquiry or is any way concerned or implicated in the matter, he will be represented by Counsel.

Cheltenham ruled against the opposition leader on the grounds that he was not implicated or is the subject of the Inquiry and so there is not a need for representation.

Parliamentary Representative for St. George's North-east and Public Relations Officer (PRO) for the NDC, Nazim Burke told reporters in St. George's that the opposition has sought Judicial Review in the matter.

"We intend to commence legal proceedings in which we will file an application for Judicial Review, to review the decision of the Commissioner", he said.

"We are firmly of the view that the Commissioner misinterpreted and misapplied section 18 of the Commission of Inquiry Act. We will take the matter to court and the court will decided how this matter is to be dealt with", he added.

The opposition was expected to file papers with the High Court on Tuesday of this week. The NDC PRO pointed out that if the Court decides the decision by Commissioner Cheltenham was improper and that he improperly exercised his discretion in the matter all of the witnesses that had given evidence to date would return to the stand so that they can be cross examined.

Governor General Sir. Daniel Williams ordered the Inquiry following allegations published in the April 30, 2004 publication known as Offshore Alert in Miami that Prime Minister Mitchell accepted US$500.000,00 as a bribe from American-born Eric Resteiner in consideration of his appointment as Trade Counsellor for Grenada.