Commission blocks Crawford

McPherse Thompson, Assistant Editor - Business

Under instructions from his attorney, former chairman of the Century National Bank Donovan Crawford declined to be subjected to cross-examination at the continuing FINSAC enquiry into the financial sector crises of the 1990s unless he was allowed to conclude oral evidence based on a statement he had submitted.

When Crawford appeared by video link from his Atlanta, Georgia home in the United States on Wednesday, commission chairman Worrick Bogle indicated that the former banker would be cross-examined based on his testimony on June 7.

However, Crawford's lawyer, Anthony Levy, objected saying he had indicated on a previous occasion that examination in chief had not yet been completed. Crawford said his previous testimony to the commission was preliminary and he had not yet given evidence on his substantive statement.

Another attorney, Dave Garcia, who is representing former managing director of FINSAC Limited, Patrick Hylton, agreed with Levy. But Garcia added that "although examination should have continued, my understanding is that it was soon to be completed and today would have been primarily for cross-examination."

Bogle said that based on the statement submitted and circulated to the commissioners and attorneys representing various interests, his recollection is that Crawford had, by and large, covered the substantive issues raised during his previous appearance.

After consultation with commissioner Charles Ross and the commission's legal adviser, retired Supreme Court judge Justice Henderson Downer, the chairman ruled that the witness had already been allowed to make a submission based on his statement and they should move to cross-examination.

He said Levy may re-examine after and at that time, if Crawford has additional information, he would be allowed to present it.

But Levy countered, saying the witness was being deprived of his right to testify to the statement in its entirety.

"If that is the ruling of the commission my advice to Mr Crawford would be, leave the stage now, answer no questions" if he was not going to be allowed to give evidence in full, Levy said.

Asked by the chairman whether he was going to follow the advice of his attorney not to subject himself to cross-examination, Crawford privately consulted Levy and then declared to the commission that: "In light of the bias, prejudice and discrimination, I have to abide by my attorney's advice."

In one of the documents submitted to the secretariat of the commission, the former banker said Justice Downer ought to recuse himself especially when dealing with Century National and Crawford "since it is reasonable to conclude that his present assessments and evaluations will be influenced by his past public determinations and rulings against me in my absence", when the judge sat in the Supreme Court.

It is unclear how the commission will treat with Crawford's earlier testimony especially in view of allegations made in his statement against a number of officials as well as the Bank of Jamaica (BOJ), the latter which he accused of being partially instrumental in the collapse of Century National.

Also named in the statement was former financial secretary and former director of FINSAC Shirley Tyndall. Both Tyndall and the BOJ dispatched lawyers on Wednesday to watch proceedings on their behalf and to cross-examine the former banker.

Lawyers Nicole Foster appeared for Tyndall and Kevin Powell for BOJ, but no question was raised as to whether they would be given an opportunity to examine Crawford before the commission completes the public hearing to attempt rebuttal of his allegations.

mcpherse.thompson@gleanerjm.com