(Trinidad Express) Lawrence Duprey and Andre Monteil, the two main players in CL Financial, will both have to testify at the ongoing commission of enquiry into the conglomerate’s failure, Sir Anthony Colman ordered yesterday.
The duo, once described during the enquiry as “Batman and Robin” for their tag team approach to final transactions, have been ordered to appear next week Tuesday.
Colman, the enquiry’s lone commissioner, made the order yesterday following a submission made by junior counsel to the commission Gerald Ramdeen.
Ramdeen called on Colman to exercise his power under Section 11 of the Commissions of Enquiry Act to “compel the attendance” of Duprey and Monteil by the issuing summonses to both men.
Section 11 of the Commissions of Enquiry Act gives the commissioner “powers of the High Court to summon witnesses”.
According to Section 12 (3) of the Commissions of Enquiry Act “any person who refuses or fails, without sufficient cause, to attend at the time and place mentioned in the summons served on him” is liable on summary conviction to a fine of TT$2,000.
Making his submission yesterday Ramdeen told Colman that Duprey and Monteil have “both participated in the proceedings before this commission from inception” and that both men “have taken full advantage during that time for cross examining witnesses who have been good enough to attend” the enquiry.
Ramdeen said after 24 months, Duprey’s attorney wrote the commission on January 22, and signalled his intention to withdraw from the enquiry.
The “most difficult of decisions” was made following the failed attempt on December 3, last year by British Queen’s Counsel Edward Jenkins to have the enquiry discontinued in public on behalf of Director of Public Prosecutions (DPP) Roger Gaspard in light of ongoing criminal investigations.
On that day Colman said the decision to attend was at the sole discretion of Duprey and Monteil.
“You, sir, may consider that it is indeed unfortunate that both Mr Monteil and Mr Duprey have now at this eleventh hour taken this position not to testify before your enquiry having both been given the fullest opportunity to participate since inception,” Ramdeen said.
“You may consider that the public interest and the progress that you have made due in no small way to the hard work of your commission and the parties who have attended before you, and the large number of other persons, especially those who have been good enough to come and give evidence before you and be subject to cross examination by all the parties, that in those circumstances the public interest would require that an order be made by you to compel both Mr Duprey and Mr Monteil to appear before you and to give evidence,” he said.
Ramdeen said the actions by both Duprey and Monteil suggested they were “not prepared to voluntarily come before” the enquiry.
Colman said Duprey was not previously summoned to appear at the enquiry because an undertaking was given that “he was prepared to appear and give evidence” at the enquiry.
COLMAN: So the position now is that that undertaking has been withdrawn in effect.
RAMDEEN: That is so.
COLMAN: Well then it seems to me that as far as he is concerned there is no question but that an order ought to be made against him that he should appear. A subpoena had been previously ordered for Monteil. Senior Counsel Martin Daly had attended on Monteil’s behalf during previous sittings of the enquiry. Moteil himself has been in attendance at several sittings of the enquiry.
COLMAN: As far as Mr Monteil is concerned he is in a rather different position. Am I right in thinking that a subpoena is already in existence.
RAMDEEN: That is correct Sir, and Mr Monteil’s position is factually different from Mr Duprey’s because Mr Monteil was never made a party before your commission.
Ramdeen said Daly had also cross-examined many witnesses “with some enthusiasm” on behalf of Monteil in previous sittings.
Duprey’s legal team at the enquiry was led by British Queen’s Counsel Andrew Mitchell.
Since the resumption of the eleventh evidence hearing of the enquiry on Monday the legal teams of Duprey and Monteil have been absent.
Colman said the legal teams representing Duprey and Monteil can make submissions next week related to his order to have the duo appear at the enquiry.
