RNA Henriques wins appeal

Attorney-at-law RNA Henriques has won his appeal against last year's ruling by the Judicial Review Court to oust him as counsel for the Commission of Enquiry probing the operations of the Financial Sector Adjustment Company (FINSAC) during the financial sector collapse of the 1990s.

The three-member Appeal Court panel and attorneys, who had originally pressed for his disqualification, agreed Thursday morning that the Review Court erred in removing him from the FINSAC Commission.

The parties conceded that Mr. Henriques should have been given an opportunity to defend himself against claims raised at the Review hearing, that he had ties to a company taken over by FINSAC.

However, the judges say they will make the ruling official at the end of the appeal hearings.

Mr. Henriques' attorneys will apply for costs.

The Appeal Court had indicated that it was heading in this direction on Monday after hearing submissions from Mr. Henriques' attorney, Queens Counsel Allan Wood who had argued that his client was not a party to the dispute between retired jurist Boyd Care, the former Chairman of the FINSAC Commission, and the group opposed to his chairmanship, therefore the order to disqualify him was a nullity.

He had also argued that the order against Mr. Henriques had caused great damage to his reputation, adding that his constitutional rights had been breached as he wasn't given a hearing.

Mr. Wood added that the senior attorney was retained by the FINSAC Commission as counsel, unlike Justice Carey, who was appointed by the Governor General.

Mr. Henriques and Justice Carey were disqualified from the FINSAC Commission following claims they had ties to companies taken over by FINSAC.

The court is hearing Justice Carey's appeal.