Cheltenham is the sole Commissioner looking into allegations of financial wrong-doings involving Prime Minister Dr. Keith Mitchell. Thomas sought judicial review in the High Court in July after the the Barbadian-born Cheltenham over-ruled a submission made by Attorney-at-law, Ruggles Ferguson of Ciboney Chambers, for the Opposition Leader to be represented at the Inquiry when it sat at the Grenada Trade Center in June.

The opposition wanted the right to fully participate in the Inquiry to cross examine as well as call witnesses. Justice Davidson heard arguments from lawyers representing Cheltenham and Thomas during a sitting last week Tuesday of the High Court held at the Grenada Trade Center in the south of the island.

Counsel for the Commission of Inquiry, Guyanese Dr. Fenton Ramsahoye, described the decision of the Opposition Leader to take the Commissioner to Court as a serious matter.

He argued that the High Court itself lacks the authority to adjudicate in such a matter under the Commissions of Inquiry Act, Chapter 58. The Guyanese Queen's Counsel told the sitting that Thomas should not be allowed to participate in the Inquiry since he is not the one whose conduct is the subject of the proceeding.

According to Dr. Ramsahoye, the Opposition Leader is improperly seeking to invalidate the proceedings of the Commission by seeking the intervention of the High Court to make orders contrary to the Commission of Inquiry Act.

Queen's Counsel Elliot Mottley from Barbados, who is also leading the charge for the Opposition argued that the High Court should not side step the matter but that it must be given a chance to hear the evidence and make a decision.

Justice Baptiste then ruled that the claimants involved in the matter must file affidavits and other legal documents before or on October 11 while the defence is expected to do the same on or before October 18. According to the Dominican Jurist, he intends to hear arguments into the matter on November 4.

The Inquiry was sparked off over a report carried in the Miami-based Offshore Alert newsletter alleging that Prime Minister Mitchell accepted a bribe of $US500, 000.00 to appoint American fraudster Eric Resteiner as a Trade Counselor for Grenada.

The allegations resulted in the setting up of a Commission of Inquiry by Governor General Sir. Daniel Williams to look into the matter.