Bermuda’s Commission of Inquiry survives its first judicial review

Bermuda’s Commission of Inquiry has just survived its first judicial review challenge before the Supreme Court of Bermuda, although leave to apply for judicial review of certain procedural aspects of the Inquiry has been granted by the Court for determination at a later date (if the issue cannot be resolved by the Commission outside of Court).

Chief Justice Kawaley’s judgment dated 7 September 2016 is available here: https://www.gov.bm/sites/default/files/Ruling-Judicial-Review-Leave-Bermuda-Emissions-Control-Ltd-v-Premier-of-Bermuda.pdf

Chief Justice Kawaley described some of the arguments for Bermuda Emissions Control Ltd, the Applicant, as advanced by its Counsel (Eugene Johnston of J2 Chambers) as “unsustainable”,  “unarguable”, and “tenuous”, but he acknowledged that, on matters of the Commission of Inquiry’s procedure, Bermuda law was, as yet, “undeveloped”, making it an appropriate topic, therefore, for future judicial scrutiny.

In a separate development, the Royal Gazette has recently reported that the Commission of Inquiry has been given an extension of time by the Premier to complete its investigations, until the end of 2016: http://www.royalgazette.com/news/article/20160912/commission-of-inquiry-granted-extension

For more information, see: https://inquirybermuda.com/

 

 

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