Legality of City Hall COI questioned
Town Clerk, Royston King (right) with his lawyer, Maxwell Edwards (Adrian Narine photo)
Town Clerk, Royston King (right) with his lawyer, Maxwell Edwards (Adrian Narine photo)

Whether or not Town Clerk, Royston King, will testify before the City Hall Commission of Inquiry (COI) is up for debate after King’s lawyer, Maxwell Edwards, on Monday morning questioned the validity of the Commission and it’s authority to investigate hi client.

King was summoned before the commission  to answer a number of matters that were raised at the inquiry over the past few weeks. However, prior to King getting on the stand ,Edwards argued a preliminary point that the Commission did not have the legal authority to carry out their investigations.

Edwards, a former Magistrate, argued that the COI was not established through the proper channel, in accordance with either the Local Government Commission Act, or Chapter 28:01 Municipal and District Council Acts.

As such Edwards said he was advising his client not to take the stand, or if Kennard overrules his submission King will testify as a witness under protest.
Following Edward’s arguments the session was adjourned for the Inquiry’s legal counsel Everton Singh-Lammy to put together the COI’s rebuttal. They commission is expected to resume its hearing this afternoon.

The COI was established by the Local Government Commission (LGC) last month to investigate City Hall after multiple complaints and adverse reports were received with reference to the municipality.

However, Edwards contended that LGC Act only provided for the LGC to investigate matters themselves according to Section 14(1) or to delegate its investigation responsibility to a “local government organ authority” according to Section 19.
“I would submit that this Commission is void and a nullity on two grounds, the first ground in terms of Section 14(1) of the Local Government Commission Act, under which this Commission was established,” Edward contended.

“Is this Commission the Local Government Commission? The simple answer is no. So this commission could not be the Commission contemplated by this section [14(1)].”
Edwards also noted that though there are provisions, in Chapter 28:01, under the Eighth Schedule, for the establishment of an inquiry, that provision says the Commissioner and terms of reference of the inquiry has to be established by the Minister of Communities.

“The Minister of Communities has not establish this commission,” Edwards stated. Edward also noted that while there is also the Commission of Inquiry Act that calls for the COI to be established by the President.
“Certainly sir the president has not established this commission,” he established.

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