Story Created:
Jul 7, 2011 at 12:54 AM ECT
Story Updated:
Jul 7, 2011 at 12:54 AM ECT
THE TOUGH cross-examination technique used by Farid Scoon, the attorney for Harry Harnarine, former president of the Hindu Credit Union (HCU), has scared off at least one witness from the commission of enquiry, Queen's Counsel Peter Carter has said.
Three witnesses scheduled to testify at the Commission of Enquiry into the collapse of CL Financial and the Hindu Credit Union were a no-show yesterday.
Yesterday's sitting of the enquiry began with Sunita Ragoonanan, the one-time secretary of Harnarine, taking the witness stand to be cross-examined. Scoon questioned Ragoonanan for over two and a half hours yesterday.
After Ragoonanan left the witness stand, commissioner Sir Anthony Colman called for the next witness to come forward.
"Sadly, we would have liked to have had some other witnesses, and three witnesses were lined up to attend (yesterday), in addition to the witness we just had, but there has been a catalogue of problems," Carter said.
Rhodanie Singh, Mohammed Ali and Romeo Persaud were the three witnesses expected to give evidence yesterday.
Ali was present at the enquiry on Monday and Tuesday but was rushed to hospital after he complained about suffering with chest pains yesterday, Carter said.
Persaud, who was overseas, was expected to return to the country on Monday but has not reported to the enquiry as yet.
"And another witness who was due to attend (yesterday) said that she saw the cross examination of the witnesses over the last two days, on behalf of Mr Harnarine, and she says she does not think she could, quote, 'Go through with that.' And so she has refused to attend," Carter said.
Asked by Colman whether there would be witnesses available for today, Carter said:
"As you can imagine, we are working diligently to ensure that we have sufficient witnesses here (today) to cover the day's proceedings."
"We just hope that they are not suffering from the same sense of fear and agony from being in that seat as those who have declined today," he said.
To avoid the issue of witnesses being scared out of attending the enquiry, Carter suggested their statements be read in as evidence.
Scoon; Fyard Hosein SC, the lead counsel for the Ministry of Finance; and Senior Counsel Reginald Armour, lead counsel for the Commission of Co-operatives, all objected to Carter's request.
Scoon said Harnarine has been vilified by the witnesses so far, and it would be unfair for him to be unable to question his accusers.
"Those statements that have been made and the evidence given here has been totally and absolutely traumatising or deleterious to Mr Harnarine's charac- ter," Scoon said.
"On the basis of statements that are being made, Mr Harnarine' reputation is such that he is a destroyed animal in Trinidad and Tobago," Scoon said.
"And what the commission is suggesting now is that for someone who has made statements that would further contribute to the destruction of his character be excused from attendance, and the evidence of those people will not be tested," he said.
Hosein said Colman should not allow the reading of the statements as it would set a bad precedent.
"You do not want to create a precedent where down the road in this commission, there is a precedent where people give statements to the commission's counsel and then say, 'I cannot come because I am concerned about the gravity of the cross-examination,'" Hosein said.
Armour said while he agreed the statements should not be read in as evidence, he called for witnesses to be protected from being badgered.
"When those persons come through your commission counsel and through yourself, we should ensure they are paid the respect that they are due in the witness box, and they are not subject to cross-examination that is undue in any respect, whether by way of length or robustness," Armour said.
Colman ruled only the statement of Persaud, who is out of the country, should be read in as evidence and the other witnesses should appear.
The enquiry has been adjourned to today.
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