Sir Anthony Coleman: "I direct that Mr Leid comes and gives evidence to the Enquiry if he pleases. |
Leid's attorney, Alvin Fitzpatrick, told the commission that his client should have "certain opportunities" to have his case ventilated.
He noted that Carballo made serious allegations against his client during his testimony and suggested that what Carballo stated could potentially hard Leid's reputation.
"It must have been absolutely evident to anyone with a modicum of common sense that serious allegations were made against Mr Leid," Fitzpatrick said.
He asked the commission to provide a copy of Carballo's statement and well as Carballo's cross-examination. He also wants Leid to get an opportunity to respond.
Fitzpatrick told the sole commissioner Sir Anthony Colman if he fails to create such an opportunity Sir Anthony runs the risk that "the value and the validity of any report that you may publish at the end of the day is seriously diminished". He made a veiled threat to take legal action. "I raise the possibility of any court challenge to the continuation of these proceedings."
The lead counsel for the commission assured Fitzpatrick that there is no need to worry about that. Peter Carter said even though allegations might have been made against Leid, it does not necessarily mean that he has been implicated in the Enquiry.
And he said the appropriate course is for Leid to give evidence if he so desires.
Fitzpatrick disagreed, telling Carter, "The proper course would be to strike out any evidence in relation to Mr Leid because, on Counsel's admission, they neither implicate or make him a subject of the Enquiry."
Sir Anthony gave a ruling on the matter. He stated, "I direct that Mr Leid comes and gives evidence to the Enquiry if he pleases. If he doesn't, then there will be no cross-examination on his behalf."
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