Duprey's lawyer says his client should not give evidence at HCU/CL probe

A lawyer for former CL Financial chairman Lawrence Duprey told the inquiry into the collapse of the Hindu Credit Union (HCU) and the CL Financial conglomerate that Duprey should not be a witness before the commission because that could 

prejudice the civil and potential criminal case against Duprey. 

Andrew Mitchell presented the argument as he addressed the enquiry Monday Mitchell said in his opinion Duprey has already suffered from adverse publicity and also faces the risk of “adverse inferences” arising out of the probe.

Mitchell said he agrees that it is “entirely appropriate” for the commission to continue. However he stated that is is “entirely inappropriate” for his client to be a witness because it could prejudice his “fair trail rights.” 

Mitchell said his client “wishes to cooperate...(but) also wishes to have the opportunity of a fair hearing whether in the civil or criminal jurisdiction or both.”

He also registered his concerns about putting his client in a position to respond to witness statements, where there is no prepared material provided. 

Sir Anthony Colman is the sole commissioner in the investigation into the two failed companies.

Earlier this month the Central Bank and Clico began civil proceedings against Duprey, former CL Financial executive Andre Monteil and related companies. That was followed by a challenge from Duprey seeking to stop the Commission.

Mitchell told the commission he has reversed his position on trying to block the proceedings and offered three options for consideration.

1. Adjourn the part of the Enquiry that touches and concerns the role of Duprey and others who are named in the civil proceedings
2. Permit Duprey to withdraw from the enquiry to allow him to focus on "other pressing concerns"
3. Permit Duprey to remain as a party but without giving evidence

Mitchell said he prefers the third option of not allowing his client to give evidence before the commission. 

The proceedings have been adjourned until Wednesday to give the attorney to the Commission of the Enquiry, Peter Carter, and the lawyers representing the Central Bank, the Ministry of Finance and the Clico Policyholders Group to present their views.