Justice Strachan denied a request to summon the two captains involved in the deadly Aug. 2 boat collision.
During a brief sitting of the wreck commission of inquiry on Monday, lead counsel Cheryl Grant-Bethell disclosed that she was “awaiting instructions” from the attorney general before proceeding with the matter.
She requested a brief adjournment to Wednesday at 10 a.m.
“I come here this morning to respectfully ask that you would grant on behalf of the minister of transport an adjournment to Wednesday, to allow us the opportunity to be fully instructed in that regard. At that time, we would come prepared with our instructions and all of the necessary documents or prepared to call the (10) remaining witnesses,” she said.
Last month, Mrs. Bethell petitioned the commission to compel Sea Hauler capt. Allan Russell, and the barge United Star capt. Rodney Miller, and any other relevant people to testify to the events leading up to, and following the collision between the two vessels that resulted in four people being killed and 25 others injured.
She submitted that the testimony was needed to assist the wreck commissioner and assessors in examining, analysing, and placing in the proper perspective the evidence of all people involved in the accident.
Further, Mrs. Bethell said the power to summon the parties as witnesses was provided for in section 10 of the Commission of Inquiry Act, chapter 184, she said, with there being no privilege against self- incrimination.
Responding to her submission, capt. Russell attorney, Damien Gomez, stated that “each party to the wreck commission has the right not to be forced to incriminate himself, especially since his respective license may be revoked and he might be prosecuted for manslaughter by negligence.”
He added that neither the Merchant Shipping Act nor the Commission of Inquiries Act provides the wreck commission with the jurisdiction to summons a party to the proceedings.
Speaking on the right not to incriminate themselves, Mr. Gomez said the wreck commission is empowered by section 244 of the Merchant Shipping Act to cancel or suspend certificates or licenses of related parties. He said that at the end of the proceedings, the commission will be under a statutory duty to consider whether to exercise that power.
In his ruling more than two weeks ago wreck commissioner Strachan noted that capts. Russell and Miller will not be forced to testify.
He informed that the merchant shipping formal investigation rules do not allow the commission to call the capts. and their crew members. However, he said the parties could still be called, but only at the will of their attorneys.
If the attorney general decides to challenge the ruling, a judicial review application will be filed in the supreme court.
In the meantime, the remaining witnesses include civilians who were severely hurt.
By Keva Lightbourne, The Nassau Guardian
