Musa walks out on commission of inquiry
Viewers who watch this newscast live at six thirty know that it immediately follows the nation’s most avidly watched television show, “Another World”. And while our evening news cannot boast the tangled lives, twisted plots and torrid love affairs of this popular soap opera, it can occasionally provide a healthy dose of drama. Such is the case tonight. Stewart Krohn reports from Belmopan.
The large crowd of P.U.P. supporters had come to provide their party leader with moral support for what no doubt would have been a long and grueling day of testimony before the commission of inquiry convened to investigate the operation of the last administration’s Economic Citizenship Programme.
While Said Musa had only yesterday criticized the commission calling it “bogus” and “biased,” he gave every indication that he would nonetheless accept its summons to testify. But it was not to be. As the proceedings began in the Belmopan Magistrate’s Courtroom attorney Eamon Courtenay made a number of requests, including the full disclosure of any evidence, transcripts of previous testimony, the right to cross examine witnesses and the removal of Belize Information Service television cameras from inside the courtroom. When commission chairman Harry Lui declined these requests Courtenay informed him that his client would therefore not be testifying.
So instead of spending the day on the witness stand Musa instead led a march to Belmopan’s P.U.P. headquarters… and that’s where he explained what appeared to be his sudden change of plans.
Said Musa, Leader, P.U.P.
“It’s not a sudden turnaround. I am prepared to testify and I remain prepared to testify. What I am saying or what our attorneys are advising is that I am entitled to certain basic fundamental rights of any person who is accused to be implicated in any matter. The constitution and the law provides that that person is entitled first of all to full disclosure of documents and he’s entitled to question witnesses who have been called by the commission. The commission is a judicial hearing, whatever they may call it, it has a judicial tone to it and it has serious implications, it could have. Therefore the principles of natural justice must be upheld and we are standing on principles. Whenever they comply with those things, I am prepared to testify before the commission.”
Q: “Under what rules does a commission like this operate? Isn’t it in fact a creature of the National Assembly which you know is kind of its own judge and jury?”
Said Musa
“No, it is not. It is a creature of statute. There is a statute commission of inquiry act, which empowers the Prime Minister to set up a commission of inquiry to investigate matters. Under that act it is clearly spelt out, certain rights that any person is entitled to and indeed it also makes it clear that it has a quayside judicial function. As such as any judicial tribunal should respect those fundamental principles under our law and administrative law is very clear about that.”
Q: “Under that same act then it must provide penalties for people who do not cooperate with the commission. What penalties would you be liable in this case?”
Said Musa
“The law says that a person who does not testify without sufficient cause can be summonsed and charged. It is an offense by itself. But I am maintaining and our attorneys indeed, I must tell you that Mr. Justice Nathan whom we appeared before on Monday set this matter for judicial review for Friday of this week. And when the question raised, but Mr. Musa was expected to testify on Wednesday he said well Mr. Musa does not have to testify, just tell the commission they will have to wait until the court has reviewed this matter.”
Q: “So you expect this thing to be settled by Friday in the Supreme Court?”
Said Musa
“Well it may as well as it may not. We don’t know; we don’t know the timetable of the Supreme Court Justice. But what we do know is we believe that despite all the problems we have been having with the justice system that we must exhaust the legal remedies and use them the way the law was designed to be used. This commission clearly, we are maintaining from day one, is a bogus commission. It is headed by a chairman who is totally bias and has this irrational hatred for me. I mean how can we just sit by and all them.
Furthermore, Stewart, you saw them… I don’t know if you went to the court today – the Magistrate’s Court – they had the B.I.S. camera in there. The whole point of this hearing was to get Said Musa in the witness stand so they could put the camera of the B.I.S. on him and to tell the people in a television ad see we had him in court, he’s charged… convert the whole thing into a criminal atmosphere. It’s pure politics these people are playing that should be clearly exposed.”
Q: “So bottom line, what will it take for you to appear before the commission?”
Said Musa
“Whenever they comply with the constitution and the law, disclose the documents, then we will appear and make full disclosure. We have nothing to hide. In fact the records will show, when I was written to by the auditor general in 1994 and asked certain questions, I responded within two weeks.”
While lawyers may argue the extent to which a witness at a commission of inquiry enjoys the rights of a defendant in court, it is clear that Said Musa is treating the proceedings as a purely political event orchestrated to hurt him in the upcoming elections. By refusing to testify he has called what he believes is the U.D.P.’s bluff. It is now up to the government to decide if and how much it plans to raise the stakes. Stewart Krohn for News Five.
News Five tried to contact commission chairman Harry Lui, but we were unable to reach him. As for the U.D.P., they call Musa’s position nonsensical as he is merely one of many witnesses before the commission and not in any way an accused defendant. Beyond the legal aspects of the case, observers on both sides of the political fence have questioned the unprecedented decision to have government television cameras — and only government cameras — inside the courtroom. A similar attempt with B.I.S. videographers was made several weeks ago at the Prime Minister’s meeting with the business community, but was successfully resisted by the news media. As for any penalties faced by Said Musa for his failure to testify, the law allows for a maximum fine of five hundred dollars and six months in prison.
