CHAIRMAN of the Clico/HCU Commission of Inquiry Sir Anthony Colman has acceded to lawyers’ requests to cover all documents filed in the public enquiry with blanket confidentiality, sources yesterday confirmed.
The crucial issue of the status of documents in the enquiry has triggered a series of manoeuvres and behind-the-scenes wrangling among lawyers who have already held two private meetings over the issue, even after the completion of a first set of procedural hearings a few weeks ago.
With the Central Bank refusing to disclose key reports, including a KPMG forensics report into Clico, lawyers have nonetheless agreed to the disclosure of other reports subject to the finalising of a confidentiality protocol stemming from a new set of procedural rules issued this month by Colman.
In an apparent effort to allay concerns of lawyers over information about the financial affairs of the parties to the enquiry becoming public, the commission earlier this month modified its procedural rules to cover all documents with blanket confidentiality.
Colman on April 15 issued a new set of procedural rules which tightened the confidentiality of documents in the enquiry.
According to a copy of the new procedural rules, obtained by Newsday, “all documents received by the commission will be treated by the commission as confidential, unless and until they are made available to the parties.”
However, the rules further state that documents “shall remain confidential to the parties until they are made part of the public record or the commission otherwise directs. The protocol annexed to these rules applies.”
“Unless the commission orders otherwise, a document or part of a document within the commission’s possession that has not been entered as an exhibit or referred to in evidence in a public phase of the enquiry is not available for public inspection or copying.”
Also, according to Part VI of the rules, the commission “may produce a document to a potential witness prior to the witness giving his or her statement or giving evidence before the commission, unless it is subject to a claim to legal professional privilege or immunity that has been upheld by the commission or is subject to a pending ruling on such a claim.”
It is understood that talks on a specific confidentiality protocol, supplemental to these agreed rules issued by Colman, are ongoing.
Contacted yesterday Attorney General Anand Ramlogan declined comment on the new procedural rules issued by Colman, noting that such matters are entirely up to the commission.
“I do not think it appropriate to comment on an ongoing commission and would prefer to leave that to the judgement and discretion of the commissioners,” Ramlogan said.
As reported in an exclusive Newsday report yesterday Ramlogan has written the Ministry of Finance for an update over the court actions of the Central Bank in relation to the Clico meltdown. The Central Bank has declined to disclose the KPMG report on the basis of legal privilege, arguing that the report is for the purpose of pending legal action.
Ramlogan yesterday said his request for an update was in order to ensure that expensive litigation is not undertaken by the State and to ensure accountability with regard to public funds.
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