Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Sir James loses appeal against Ottley Hall Commission of Inquiry
From the Courts
June 29, 2012

Sir James loses appeal against Ottley Hall Commission of Inquiry

Former Prime Minister Sir James Mitchell has lost an appeal in a matter he brought against sole commissioner of the Ottley Hall Commission of Inquiry Ephraim Georges.{{more}}

In a judgement handed down on June 25, Justices of Appeal Davidson Kelvin Baptiste, Don Mitchell and Clare Henry confirmed the decision of Justice Gertel Thom to dismiss the attempt of Sir James to quash an interim report issued by Georges and to restrain the sole Commissioner from continuing with the inquiry.

The appeal arose out of Thom’s dismissal of a claim for judicial review of the sole Commissioner, whose terms of reference authorised him, among other things, to inquire into the bona fides and circumstances surrounding the Ottley Hall Marina Project and the Union Island Project.

“He was to report immediately in writing to the Governor General and the Director of Public Prosecution any facts, circumstances or evidence that might give rise to, show, or establish that any criminal act may have been committed and in any event he was to issue an Interim Report within six months of the date of the establishment of the Commission. The Commissioner issued to the Governor General and the DPP a ‘Report of Possible Criminal Acts or Offences by Certain Individuals’.”

According to the judgement, the report contained a number of allegations adverse to Sir James, who sought judicial review to quash the Interim Report and restrain the sole Commissioner from continuing with the inquiry.

Sir James complained that the Interim Reoprt “contained conclusionary statements and findings against him. They were arrived at without his having been given an opportunity to respond to any charges prior to the findings being made.”

In the judgement, the justices of the OECS Court of Appeal said that the court must take into account the special nature of a Commission of Inquiry.

“This is an investigative body and not an adjudicatory one. The Commissioner’s report was a confidential, interim report which was not published to the public. The Commissioner acted in compliance with his mandate which was to submit his Interim Report to the Governor General and the DPP. Sir James had earlier been given every opportunity to participate in the hearings, but he had chosen not to come forward or to take advantage of the opportunity given to him. If his name was now mentioned in an interim report before he has had an opportunity to respond to a Salmon Letter, he cannot be heard to complain that he had been deprived of a right to be heard,” the judgement said.

The judgement also said that, according to his Terms of Reference, the Commissioner was required to submit his Interim Report, once he had formed an opinion on any fact or circumstance which may have given rise to any of the matters in question.

“There was no obligation imposed on him to first hear Sir James before reporting. The fact that the Interim Report was entitled ‘Report on Possible Criminal Acts…’ would indicate at the outset to a fair-minded and reasonable observer that the Commissioner had not yet found or concluded that Sir James had in fact committed and was guilty of the criminal acts alleged.

“Nothing in the Interim Report suggested that the Commissioner had come to a concluded view, showed a closed mind, or had a particular view of the evidence amounting to a prejudgment, nor was there anything to suggest that there was other than co-incidence in the timing of the Interim Report. Sir James had long retired from active politics. There was no reason to believe that the Commissioner had any animus to Sir James political party, or wished to do it any harm.”

No order was made as to costs, as according to the justices, “Public interest litigation should not normally be inhibited by questions of costs.”

Mitchell was represented by Ramesh L. Maharaj SC and S. Louise Mitchell-Joseph of LMJ Chambers, while Georges was represented by Anthony W. Astaphan SC and Joseph Delves.

The Ottley Hall and the Union Island Resort projects commenced in the early 1990s when Sir James was Prime Minister and Minister of Finance. The project had been touted as a major tourism boost for St Vincent and the Grenadines

By 1995, the project was reported to be in serious financial trouble, with the EC$225 million project being valued at EC$20 – $40 million by auditors.

  • FacebookComments
  • ALSO IN THE NEWS
    CAF’s Economic Forum brought together more than 6,500 leaders from 70 countries
    Press Release
    CAF’s Economic Forum brought together more than 6,500 leaders from 70 countries
    Jada 
    February 1, 2026
    CAF’s Economic Forum brought together more than 6,500 leaders from 70 countries in the largest regional meeting in recent years The International Econ...
    Seven Years, 80,000 Signatures, and Still No Major CXC Reform
    Our Readers' Opinions
    Seven Years, 80,000 Signatures, and Still No Major CXC Reform
    Jada 
    January 31, 2026
    CARICOM’s Moral Contradiction: Pursuit of Justice Abroad, Perpetuating Injustice at Home A Seven Year Pattern CARICOM Can No Longer Ignore For seven c...
    Campari Holiday Winningz Promotion Concludes Following December Activations
    Press Release
    Campari Holiday Winningz Promotion Concludes Following December Activations
    Jada 
    January 31, 2026
    Kingstown, St. Vincent/ Friday, 13 th January, 2025/The Campari Holiday Winningz promotion has officially concluded, marking the end of a festive camp...
    Finance Minister lays EC$1.9 b. Estimates in Parliament
    Front Page
    Finance Minister lays EC$1.9 b. Estimates in Parliament
    Webmaster 
    January 30, 2026
    THE 2026 ESTIMATES of revenue and expenditure for St Vincent and the Grenadines was laid in the House of Assembly on Thursday, January 29,2026 by Prim...
    Dr Gonsalves dissects $1.9 billion Budget Estimates of the NDP administration
    Front Page
    Dr Gonsalves dissects $1.9 billion Budget Estimates of the NDP administration
    Webmaster 
    January 30, 2026
    OPPOSITION LEADER Dr Ralph Gonsalves has concluded that the EC$1.9 billion Estimates presented in Parliament by Minister of Finance Dr. Godwin Friday,...
    Opposition rejects Speaker’s claims they deliberately flouted the Laws of Parliament
    Front Page
    Opposition rejects Speaker’s claims they deliberately flouted the Laws of Parliament
    Webmaster 
    January 30, 2026
    HE SPEAKER of the House of Assembly in St. Vincent and the Grenadines (SVG) Ronnia Durham-Balcombe, by way of letter dated January 13, 2026, has accus...
    News
    Community College launches its 2026 “World of Work” Programme
    News
    Community College launches its 2026 “World of Work” Programme
    Webmaster 
    January 30, 2026
    The St.Vincent and the Grenadines Community College (SVGCC), said it officially launched its 2026 World of Work (WOW) Programme on January 23, 2026. N...
    Two members welcomed to The Alliance for Primary Health Care in the Americas
    News
    Two members welcomed to The Alliance for Primary Health Care in the Americas
    Webmaster 
    January 30, 2026
    THE ALLIANCE FOR PRIMARY HEALTH CARE (PHC), in the Americas, a joint initiative of the Pan American Health Organization (PAHO), the World Bank (WB), a...
    Minister says more people are applying for firearm licenses
    News
    Minister says more people are applying for firearm licenses
    Webmaster 
    January 30, 2026
    MORE VINCENTIANS are applying for firearm licenses, even as the Minister of National Security St. Clair Leacock says there are certain weapons he thin...
    Improved hygiene standards coming for Barrouallie Black Fish Processors
    News
    Improved hygiene standards coming for Barrouallie Black Fish Processors
    Webmaster 
    January 30, 2026
    BARROUALLIE BLACK FISH processors will soon operate under improved hygienic conditions when the Bottle and Glass Black Fish Enhancement Project is com...
    Ginger thief receives three-part sentence
    From the Courts, News
    Ginger thief receives three-part sentence
    Webmaster 
    January 30, 2026
    A REDEMPTION SHARPES MAN was jailed, given a suspended sentence and was ordered to pay compensation for stealing $800 worth of ginger. Glenroy Holder ...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok