Judges reserve ruling on Carey

The Judicial Review Court has reserved its decision in the motion brought by former Finance Minister Dr Omar Davies and three others seeking orders to remove the members of the FINSAC commission.

Lawyers representing the parties completed their legal submissions yesterday at the end of a five-day hearing.

During the hearing of the enquiry this year, the claimants asked retired Court of Appeal Judge Boyd Carey, chairman of the commission, to recuse himself because he had a debt with FINSAC.

Carey denied having a debt with FINSAC and continued the hearing. The claimants took the issue to court and got a stay until the motion was heard and determined.

The enquiry was set up to probe the collapse of the financial sector in the 1990s and the resulting treatment of people whose debts were taken over by the entity.Queen's Counsel Michael Hylton and Patrick Foster, who represent the claimants, have submitted that all the members of the commission should be removed because when Carey refused to step down, that could have been the decision of all the members.

They also referred to comments which Commissioner Charles Ross made in the media on economic policies and high interest rates.

No proof

Attorneys-at-law Dr Lloyd Barnett and Dr Adolph Edwards, who represent Carey, have argued that the claimants have not proved that Carey or his wife's company, Bev Carey and Associates, had a debt with FINSAC or the Jamaican Redevelopment Foundation.

Attorney-at-law Paul Beswick, who is representing Ross and the other commissioner, Worwick Bogle, said the claimants had no good reason for bringing the matter to court.

Beswick said the comments which Ross made were fair comments and a person should not be disqualified for fair comments. He said the comments were made years before the setting up of the commission of enquiry. Beswick said there was no evidence to show that Ross prejudiced the issues that the commissioners were being asked to enquire into and on which to make recommendations.

Supreme Court Judges Lennox Campbell, Paulette Williams and Leighton Pusey heard the motion.

The judges will indicate next week when the decision will be handed down.