Tuesday, August 13, 2013

Supreme Court turns down Finsac debtors" application

News

Tuesday, August 13, 2013

THE Supreme Court yesterday refused an application by the Association of Finsac’d Entrepreneurs (AFE) for Judicial Review of a decision by the Finsac Commission of Enquiry not to produce a report on their enquiry.In refusing the application, Justice Marva McDonald-Bishop said that given the terms of reference of the Commission, only the governor general could compel the commissioners to produce the report, following completion of the enquiry, which lasted from October 2008 to November 2011 and cost the country over $65 million.The court made the decision after hearing an application brought by Milton Baker, husband of the president of the AFE, Yola Gray-Baker, who claimed losses of over $150 million due to the 1990s financial meltdown, when two of his properties were foreclosed by the Financial Sector Adjustment Company (Finsac), which was established by the Government to handle the losses arising from the meltdown.The AFE, represented by attorney-at-law Kent Gammon, sought a Judicial Review for an interim report to be produced by Finsac Commissioners Charles Ross and Warrick Bogle. However, the attorney for the commissioners, Patterson Mair Hamilton, tendered an objection to the claim, stating that it was an abuse of the process, and that the commissioners/defendants “did not owe the claimant any duty to produce a report from the evidence given and presented at the enquiry… and cannot therefore be compelled to produce such a report”. The court agreed with the defendants.

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Supreme Court turns down Finsac debtors" application