Lawyers want Crawford evidence thrown out
Published:Sunday | August 7, 2011 | 12:00 AM
Lawyers representing the interests of the Financial Sector Adjustment Company Limited (FINSAC) and its agents have asked the commission enquiring into the financial-sector crises of the 1990s to disregard the evidence of former Century National Bank chairman, Donovan Crawford, given his refusal to be subjected to cross-examination.
On July 27, when Crawford appeared via video link from his Atlanta, United States home at the hearing at The Jamaica Pegasus hotel, New Kingston, his lawyer, Anthony Levy, advised the former banker not to allow himself to be cross-examined unless he was given the chance to conclude oral evidence based on a statement he had submitted.
However, commission Chairman Worrick Bogle, after consultations, ruled that Crawford has covered the substantive issues raised in his statement when he previously appeared and said they would move on to cross-examination.
Crawford told the commission then that he would abide by his lawyer's advice and, in the circumstances, not allow challenges to his testimony.
Last Thursday, when the enquiry continued, attorney Dave Garcia, who is representing former FINSAC managing director, Patrick Hylton, asked the chairman how the commission intended to treat with Crawford's evidence in chief given the stance he has taken.
Submission
Bogle said the commission would decide on the use, if any, of Crawford's testimony when it comes to write its report. "We will deal with [it] as we fit," he said.
FINSAC's attorney Brian Moodie, who is appearing with attorney Danielle Chai, joined in the submission made by Garcia, arguing that in circumstances where a witness refuses to be tested under cross-examination such evidence ought to be expunged from the records.
Levy, who is also representing other parties at the enquiry, was not in attendance last Thursday.