High Court Judge Justice Davidson Baptiste last week Friday ruled in favour of Leader of the Opposition, Tillman Thomas, in a
court matter related to the US$500, 000.00 Briefcase Inquiry involving Prime Minister Dr. Keith Mitchell.

Thomas moved to the court in order to get directly involved in the inquiry so that he could cross examine witnesses who testify before sole Commissioner, Barbadian jurist, Dr. Richard Cheltenham.

The Opposition Leader was seeking an order to squash the decision of Commissioner Cheltenham to prevent him from questioning witnesses. Prime Minister Mitchell is accused of accepting a hefty bribe from international crook and con-man Eric Resteiner in exchange for a diplomatic post with his ruling New National Party (NNP) government.

In his initial reaction to the ruling of the court, Thomas described it as "a victory for democracy in Grenada". In handing down the judgement against Cheltenham, Justice Baptiste ordered that the matter be remitted to the Commissioner for him to decide whether the Opposition Leader should not be allowed to cross examine witnesses.

He said: "In my judgement, the Commissioner misapplied and misinterpreted the law, thus failing to give effect to the law. The Commissioner erred in law".

In putting forward arguments on behalf of the opposition leader, leading defense attorney, Elliot Mottley of Barbados contended that having regard to the Terms and Reference of the enquiry, the Leader of the Opposition had a peculiar and material interest in the case.

Attorney at Law, Ruggles Ferguson who was a part of the team of lawyers representing the Opposition Leader, said that the Baptiste ruling clearly endorsing submissions made on behalf of Thomas that Commissioner Cheltenham misapplied and misinterpreted section 18 of the Commission of Inquiry Act, denying the opposition leader intervening status.

He said that the Leader of the Opposition is the most appropriate person to be concerned about the role of the Prime Minister and the government in general. Ferguson said that Friday's ruling represents a victory for the opposition leader.

In June, 2005, the Opposition leader made an application through counsel for intervening status, with the right to examine and cross examine witnesses. The matter was eventually heard in November when preliminary points were argued.

Two months ago, the high court ruled that Thomas had local standing and the court had jurisdiction to hear the matter. Commissioner Cheltenham was represented by Queen's Counsel Dr Fenton Ramsahoye of Guyana and Michael Sylvester of Grenada while Mottley QC and Ferguson represented the Leader of the Opposition.

The Mitchell-led Government has not responded to the recent ruling as yet.