Mrs. Bethel told Justice Strachan on Wednesday that her team will proceed with their application for a Judicial Review of his recent decision to not allow testimony from captains of the vessels involved in the deadly August 2, 2003 boating accident.
According to Mrs. Bethel, the documents are to be filed in the Supreme Court Registry by Thursday. She believes Justice Strachan made an error when he ruled that the captains and other parties will not be called to testify before the commission.
On January 7, Justice Strachan ruled that calling the parties may result in them incriminating themselves.
Mrs. Bethel added that due to the nature of the proceedings, challenges before the Supreme Court are not unusual.
“In fact, that’s a preservation of our rights under the Constitution on both sides and it is a part of a testing of this process given this is the first time in the history of the Bahamas that we’ve had a wreck commissioner’s inquiry,” Mrs. Bethel said.
“So all of these points as they arise, and this is a major one, the issue of whether or not the parties can come is something that ought to be tested on appeal and ought to be confirmed in all of our courts and may very well end up all the way up to the Privy Council.”
Mrs. Bethel added that once parties go before the Supreme Court that raises the possibility of further appeals.
The boating collision killed four people and injured more than 20 others.
Mrs. Bethel believes that the captains should take the stand to shed light on what happened during the deadly boating accident between the United Star and the Sea Hauler.
The barge and the mail boat collided off Eleuthera in the wee hours of the morning.
Mrs. Bethel said the captains would be able to speak to the navigational qualifications of the persons who were manning the vessels at the time of the collision.
During Wednesday’s proceedings, Mrs. Bethel said she expects the wreck commission to resume between the first and second week in February.
However, Damian Gomez, attorney for the Sea Hauler, said he doesn’t see how it would be possible for the proceedings to continue that soon, given the Supreme Court’s calendar.
“I’m only saying based on what I know of what has happened with some of my clients in terms of getting dates that it’s going to be very difficult to get as early a date as later this month, enabling us to come back in the first week of February,” Mr. Gomez said. “I’m being as candid as I can be with the Commission, but I don’t see it.”
This is the second time a Judicial Review has been filed during the Wreck Commission over the past four months.
Just weeks after starting last September, attorneys for the Sea Hauler and the United Star filed for a Judicial Review following Justice Strachan’s decision not to use the Merchant Shipping (Formal Investigation) Rules during the proceedings.
Supreme Court Justice Hugh Small quashed that ruling, concluding that both the Rules, which were drafted under the Merchant Shipping Act and the Act itself should govern the formal investigations, as there were “no inconsistencies.”
The Wreck Commission’s proceedings have been adjourned indefinitely until the hearings in the Supreme Court are concluded.
By Hadassah Hall, The Bahama Journal
