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Chairman Wolfe assures… Linden Inquiry Commission will not prejudge occurrences, personsPDFPrintE-mail
Written by Clifford Stanley   
Thursday, 06 September 2012 22:18
THE Commissioners for the Inquiry into the tragic events of July 18 at Linden, in Region 10 (Upper Demerara/Upper Berbice), met with the media yesterday and pledged that there will be no pre-judgment of the occurrences or persons affected or involved.

Members of the Commission of Inquiry into the Linden shooting deaths (from left to right) Mr. Hugh Denbow, Administrator, Former National Security Minister of Jamaica, Queen’s Counsel, K.D. Knights, former Chief Justice of Jamaica and Chairman, Lensley Wolfe, Justice Claudette Singh, Secretary to the Commission, Mr. Ronald Burch-Smith and Attorney–at-Law, Mr. Ganesh Hira, Counsel to the Commission

“We are not going to prejudge any situation. We will make our decisions based upon the evidence and the evidence alone,” was the affirmation offered by the Chairman, former Jamaica Chief Justice, Lensley Wolfe.
The venue was the Law Library of the High Court where the proceedings will be conducted and those present at the briefing included Secretary to the Commission, Mr. Ronald Burch-Smith.
Other attorneys–at-law, Mr. Ganesh Hira and Mr. Euclin Gomes, who are Counsel to the Commission; Mr Hugh  Denbow, Administrator and Commissioners, retired Guyana Appeal Court Justice Claudette Singh; former National Security Minister of Jamaica, Queen’s Counsel K.D. Knights and former independent Senator of Trinidad and Tobago, Senior Counsel Dana Seetahal.
Absent was another Commissioner, Ex-Guyana Chancellor of the Judiciary Cecil Kennard.
Burch-Smith disclosed that Kennard should return to Guyana next week and is

Members of the Commission of Inquiry interacting with the media at yesterday’s briefing in the Law Library of the High Court.

expected to take the Oath of Office immediately and commence work with the others.
Commission members spoke yesterday about their current activities and plans to complete their assignment in a timely manner, given the social and political importance of the issues involved.
Secretary Burch-Smith announced that all sittings will be open to the public, as well, the only exception being any instances where a decision is taken to hold the hearing in camera or behind closed doors.
The sessions will not be continuous but the Commission may meet every day for two to three weeks and then take a break, he said.

Now determining
Burch-Smith said that the members are now determining the Rules of Procedures (ROP) to be followed in keeping with the Commission of Inquiries Act, Chapter 19:03 of the Laws of Guyana.
He said procedures to be adopted will be finalised when Commissioner Kennard joins the team and they will be made known to the public by way of print and other media.
Burch-Smith explained that the ROP will comprise not only how the Inquiry will be conducted but also contain provisions for how persons who may have information of importance to the Commission should communicate it.
“There will soon be publicised information which sets out a location for persons to deliver statements that they wish to be considered by the Commission,” he said.
He said persons will be free to write their statements on their own or with the assistance of an attorney or some other person who is familiar with how they are prepared but such attestations must be relevant to the Terms of Reference of the Commission.
‘We are not going to prejudge any situation. We will make our decisions based upon the evidence and the evidence alone,’ - Chairman of COI, former Jamaica Chief Justice Lensley Wolfe.
Persons who may not want to prepare the documentation themselves would be assisted by the two counsels to the Commission, Hira and Gomes.
Burch-Smith also mentioned plans to set up a branch office in Linden where, on specified days, persons from the Commission will be available to assist members of the public who have information to put in their statements.
Chairman Wolfe stressed that any person who has knowledge of what took place on July 18 at Linden can elect to give a statement and, having looked at it, the Commission will decide whether the individual or all of such persons will be invited to testify.
He said the Commission would, first, look at statements and then decide who will be called to testify under oath, based on relevance of the information provided.

Selective approach
“If 300 persons are saying the same thing, why would you call the 300 persons to say the same thing,” he asked, explaining the selective approach.
Commenting on the involvement of senior officials like the Minister of Home Affairs and the Commissioner of Police, Justice Wolfe said, if the Commission is of the view that their testimony can assist in the resolution of issues that must be decided, the members would be willing to call them to testify.
On the question of recommendations for compensation, Commissioner Knights said persons who are found to be eligible will be adequately compensated since many of them are expected to be represented by local lawyers who will make their recommendations in terms of what obtains in Guyana.
About getting at the truth and fairplay for those who may be implicated, Senior Counsel Seetahal said lawyers will be representing such persons and would be cross-examining witnesses.
“So, if a witness seeks to hide matters or misrepresent a situation, then the testimony of that witness will be tested. There will also be other evidence given by other witnesses who may contradict it and that is what the Commissioners will be looking at; finding out what is true and what is not true,” she said.

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