"This Commission of Enquiry (into the 1990 coup attempt) is not a witch-hunt," chairman, Sir David Simmons, QC, assured yesterday, announcing at the same time that hearings would be public and would begin on November 2.

"The Commission of Enquiry is embarked on a fact-finding exercise and a recommendatory function," he told a news conference at the Chaud restaurant in Port of Spain.

However, in response to questions, he conceded that one aspect of the commission's terms of reference called for a finding on culpability—"on the issue of looting and whether (there were) people (who) were engaged in a conspiratorial way with local, regional or international institutions (to bring down the duly elected Government)".

The five Commissioners—Sir David, Sir Richard Lionel Cheltenham QC, Dr Haffizool Ali-Mohammed, Dr Eastlyn McKenzie and Diana Mahabir-Wyatt—were sworn in yesterday and met with the acting President Roger Hamel-Smith and then the media. Also in attendance yesterday were the commission's secretary Laraine Lutchmedial, SC, and Dana Seetahal, SC, counsel to the commission.

In a reference to the Jamaat-al- Muslimeen, the perpetrators of the coup attempt, Simmons said persons connected with the attempted coup d'etat had their cases disposed of by the Privy Council.

"Those decisions cannot be revised or overturned in any way by this commission," he said.

He said he hoped that at the end of the commission's work, it would bring some healing to the community and closure to this matter "which has been like an open wound since July 27, 1990".

He conceded that with the passage of time, memories can fade.

"But counsel have to work with the witnesses and they would make a determination as to the potential reliability of a witness," he said.

Asked whether the commission was prepared to deal with the possibility of deliberate distortions from key players on the events, Simmons said the commission would bring to bear the "best judicial practices" on the evidence that is presented. He was not prepared to speculate about the quality of evidence that may be adduced. He later said he hoped persons would speak the truth and not come to give evidence for the purpose of making mischief.

He said the remit is vast and would cover an extensive ground. There is no date for the completion of the Commission of Enquiry, he noted.

"But whenever we are finished taking the evidence, we are required to submit our report to his Excellency, the President, within four months of that date," he said.

The commission will operate from the Winsure Building in Port of Spain. The proceedings will be public and ample provision will be made for the televising of its proceedings, Simmons said.

"We would expect that the fullest exposure be given locally and regionally," he said, noting that the events had a reach beyond Trinidad and Tobago and attracted international attention.

He added that the commission planned to place an ad inviting members of the public to submit written memoranda, signed and dated, dealing with aspects of the commission's terms of reference.

"We desire the fullest possible participation by members of the public," he said.

The terms of reference include: the causes, nature, extent and impact of the attempted coup; the underlying purpose and extent of and the intention behind the plot; any criminal acts and omissions, including looting which were committed and the motives and objectives of the perpetrators of such acts and omissions; the identity of any person or any local, regional, or international authority, institution, organisation or entity who incited, masterminded, planned, directed, conspired towards, consented to, connived at, acquiesced in, participated in, aided or abetted the carrying out of, had prior knowledge of, or was implicated or otherwise involved in criminal acts or omissions, including looting, which were committed in connection with the attempted coup and the extent to which they had prior knowledge of, or was implicated or otherwise involved in, any such acts or omissions; the national security deficiencies and breaches of law that facilitated the attempted coup and the extent to which it was possible to prevent the occurrence of the attempted coup; the response and performance of the Government, the Defence Force, the Protective Services and other essential services, the Foreign Service and the media during and after the attempted coup; all matters pertaining to the negotiation, preparation, execution and effect of the amnesty and the negotiation of the terms of surrender; the continuing propensities of criminal activity arising from the attempted coup and the correlation, if any, between the attempted coup and the trafficking, supplying and possession of illegal drugs, firearms and ammunition.

Asked what he hoped for at the end of the exercise, Simmons said the duty of the commission was to deliver a report to His Excellency within four months of the date of the conclusion of hearing.

"What happens thereafter to that report is really a matter for the Executive of Trinidad and Tobago. And we would have no role and function after we have delivered the report."

Asked whether he was concerned about his personal safety, Simmons said he was sure the acting President would have directed the Commissioner of Police to declare such offices as are necessary so as to ensure our safety. He added that as a former chief justice he did all kinds of cases, had no fear and had confidence in the Trinidad and Tobago security forces.