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

Opposition leader Tillman Thomas has won the first round in his fight to gain the right to examine and cross-examine witnesses in the "Briefcase" Commission of Inquiry involving Prime Minister, Dr. Keith Mitchell.

Last Thursday, High Court Judge, Justice Davidson Baptiste ruled in favour of the Political Leader of the main Opposition National Democratic Congress and dismissing an application made by sole Commissioner in the inquiry, Barbadian jurist, Dr Richard Cheltenham to try and prevent the Opposition Leader from questioning and cross-examining witnesses. The judge ruled that the high court could hear arguments in the case being brought by the Opposition Leader.

The complainant has already served notice of intention to appeal against the judge's ruling. February 16 is the proposed date set for the substantial hearing of the application to set aside the judgement made by the Commissioner of Inquiry last year. Justice Baptiste's ruling stems from an application made by Thomas through his legal counsel, Ruggles Ferguson to fully participate in the Inquiry which started in June 2005. Thomas' application was made on June 13 and following arguments from the Prime Minister's attorney, Trinidadian, Ramesh Maharaj, and counsel to the commission, Guyanese lawyer, Dr. Finton Ramsahoye, the Commissioner rejected the application.

The Opposition leader moved quickly and made an application to the High Court for leave for Judicial Review of the Commissioner's decision not to allow him full standing in the Inquiry. When the matter came up for hearing, Ramsahoye made an application to the court to strike out the application for judicial review on the basis that the High Court had no jurisdiction to hear the application.

He contended that this was the case because section 10 of the Commission of Inquiry Act barred the High Court from reviewing the decision of the Commissioner and that the Opposition leader did not have sufficient interest to allow him standing in a judicial review application.

Thomas' lawyer pointed out that Commissioner Cheltenham had misinterpreted and misapplied Section 18 of the Commission of Inquiry Act. Justice Baptiste heard the matter and ruled that the High Court did have jurisdiction to hear and determine the application for judicial review from the Leader of the Opposition.

Ferguson is confident that the decision as handed down by the high court now clears the way for hearing of the substantive matter. Governor-General sir Daniel Williams set up the inquiry in the wake of allegations that Prime Minister Mitchell accepted a bribe of $US500,000.00 in Switzerland in June 2000 from German fraudster, Eric Resteiner in exchange for a diplomatic posting.

The allegation was first reported in the Miami-based Offshore Alert publication of David Marchant. The Prime Minister has denied the allegation, claiming that he did receive $US15, 000.00 from Resteiner to cover the expenses of his delegation on as trip to several European States and Kuwait.