Cheryl Grant-Bethel told the Bahama Journal she wants the Supreme Court to overturn the decision that the captains in the August 2 boating accident do not have to testify in the ongoing boating inquiry.
Mrs. Grant-Bethel indicated that the Attorney General is considering whether there is sufficient legal ground for a judicial review of the Commissioner’s January 7 decision.
Justice Strachan’s ruling that parties would not have to give testimony in the case was seen as a major victory for attorneys of the Sea Hauler mail boat and the United Star barge.
Mrs. Bethel is hoping to call several parties in the proceedings among them the proprietor and director of Carib USA, Thomas Hanna, who is also the owner of the M/V United Star; Rodney Miller, one of the captains who was aboard the barge; and Desnal Hanna, who is alleged to have been the helmsman on board the vessel.
In addition, she wants to call Captain Allan Russell, the owner and operator of the Sea Hauler; his first mate, Michael Harris; and Alston Strachan, who is alleged to have been operating the ill-fated vessel at the time of the August 2 collision.
Justice Strachan, however, agreed with the argument presented by the vessels’ attorneys that calling the parties may result in them incriminating themselves. But the Wreck Commissioner further ruled that the captains could be called in to testify for the defense.
Mrs. Grant-Bethel had submitted on a previous occasion that as a matter of law, “it would be proper for the parties to testify.”
She believes that calling the captains to the stand would shed more light on two major issues: What led to the collision at sea last August and what were the specific navigational qualifications of the persons manning the vessels?
She has indicated, however, that steps are being taken regarding a backup plan should the Attorney General decide against a judicial review.
“If we did receive those instructions we would then go to the Supreme Court and apply for a Judicial Review of that decision,” she said. “In this case, the proceedings would be suspended indefinitely until the application is heard. But we also indicated that if the Attorney General did not so instruct, then we would prepare for our first witness.”
The lead counsel has pointed out that there are approximately 12 additional witnesses to be called in the proceedings, amongst them Gayle Roker, one of several witnesses who has relived the nightmare of the August 2 boating tragedy over the past several weeks.
The 30-year-old received extensive injuries during the accident, including a broken collarbone and four broken ribs. Ms. Roker also testified that her left lung was punctured and she suffered a broken left arm.
The lead counsel is also hoping to call one or two other passengers along with Assistant Port Controller Cyril Roker.
Mrs. Grant-Bethel will then wrap up her case with a list of questions arising from the evidence heard during the Wreck Commission.
“These are the questions – which would for the most part be directed to the parties – that are needed in order for us to determine what exactly occurred last August and maybe even liability,” she said.
This is not the first time the proceedings have adjourned due to a judicial review. Last September, determined attorneys for the Sea Hauler and the United Star took the same action following Justice Strachan’s decision not to use the Merchant Shipping (Formal Investigation) Rules during the proceedings.
Quashing the ruling, Supreme Court Justice Hugh Small pointed out that both the Rules, which were drafted under the Merchant Shipping Act and the Act itself should govern the formal investigations, as there were “no inconsistencies.”
Mrs. Grant-Bethel, meanwhile, is expected to indicate to the Commission on Wednesday whether a judicial review would take place.
Macushla N. Pinder, The Bahama Journal
