Lawrence Duprey ... now lives in the U.S. |
Commission chairman Sir Anthony Colman granted the application made by junior counsel Gerald Ramdeen.
Ramdeen asked the commission to use its powers under Section 11 of the Commission of the Enquiry Act, to compel both men to testify "by issuing summonses to both these men".
Ramdeen asked the commission to use its powers under Section 11 of the Commission of the Enquiry Act, to compel both men to testify "by issuing summonses to both these men".
He said he made the request because "Mr Duprey and Monteil have both participated in proceedings before this commission from inception and both of them have taken full advantage during that time of cross-examining witnesses who have been good enough to attend the enquiry.”
Ramdeen noted that on January 22, Duprey’s legal team wrote the commission saying Duprey would no longer participate in the enquiry.
Ramdeen noted that on January 22, Duprey’s legal team wrote the commission saying Duprey would no longer participate in the enquiry.
Andre Monteil |
"It is indeed unfortunate that both Mr Monteil and Mr Duprey have now, at this 11th hour, taken this position of not testifying before your enquiry, having both been given the fullest opportunity to participate since the inception. "We invite you to find, based upon the evidence given before your commission, that both of them were individuals that were central to the events that you are required to look into, by virtue of your terms of reference.
“The public interest would require that a public order be made by you to Mr Duprey and Mr Monteil to appear before you and give evidence...
"The actions of Mr Duprey and Mr Monteil suggest that they are not prepared to voluntarily come before you and give evidence and in those circumstances we ask you to exercise those powers vested in you to compel their attendance by issuing those summonses.”
Sit Anthony said: "So far as Mr Duprey is concerned, he had first indicated that he was prepared to appear and give evidence. The commission at that stage did not submit any subpoena against him.
Sit Anthony said: "So far as Mr Duprey is concerned, he had first indicated that he was prepared to appear and give evidence. The commission at that stage did not submit any subpoena against him.
"The commission having not issued those orders against him was directly a consequence of the undertaking which was given to appear before the enquiry.
“Now that undertaking has been withdrawn, it seems to me now that an order needs to be made against him and that he should appear.”The chairman described Monteil as a “potential participant” and said he agreed that the commission should order him to appear on the same day as Duprey.
The move is in direct opposition to advice given last November by Director of Public Prosecutions Roger Gaspard having both men testify before the commission could jeopardise the criminal investigation into individuals and corporate entities involved in the collapse of Clico and related companies.
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