Backbenchers want judge to head Inquiry
the postponement of Bermuda's Independence referendum, two Government backbenchers said yesterday.
Premier the Hon. David Saul heeded calls from his own back bench and from Opposition Leader Mr. Frederick Wade when he asked Governor Lord Waddington to call a Commission of Inquiry, announced on Tuesday.
Membership of the commission has not been announced by the Governor, but that is expected to happen soon.
Dr. David Dyer MP, who was the first to call for a probe into the delay, said "a fairly powerful independent person, not associated with any political group and maybe not even associated with Bermuda in the sense of being a Bermudian,'' was needed to chair the inquiry.
He noted Appeals Court judges visited Bermuda from time to time and said "there are people who are eminently suited among that group, who are impartial and have no axes to grind.'' Whoever was chosen, "I would be happier seeing a judge do it,'' Dr. Dyer said. "There are some complex points of law which have to be objectively considered.'' The Hon. Ann Cartwright DeCouto, a lawyer and Government backbencher who had also called for an inquiry, did not go quite as far as Dr. Dyer.
But she said whoever headed the probe should have "a strong judicial bias''.
She noted that under the Commission of Inquiry Act 1935, the commission would have broad judicial powers, including the power of subpoena.
First postponed indefinitely, the Independence referendum set for August 15 was held one day later.
Hurricane Felix passed close to Bermuda early on the morning of the 15th, bringing high winds and damaging seas. The causeway was temporarily impassable, and about a third of the Island was without power.
At 8 a.m., Cabinet Secretary Mr. Leopold Mills went on the radio to say the referendum had been postponed indefinitely. Government spokesman Ms Valerie Pethen told a reporter that Parliament would have to be reconvened before a new date could be set.
Returning officers who went to Hamilton to collect their ballot boxes found the doors of the Government Administration Building locked, and at least one officer was reportedly telephoned at home and told not to show up.
However, the law provided for no such postponement. The vote could only be delayed by 24 hours if polling officers opened the 20 polling stations and immediately shut them on account of the hurricane.
Had that not happened, the referendum would apparently have become null and void, or been decided on the basis of ballots cast in two advance polls.
Shortly after noon, after reported intervention by the Governor, returning officers were summoned to Hamilton and told to open and close the polling stations so the referendum could be held the next day.
A little earlier, Mrs. DeCouto and the Hon. John Barritt had gone to Supreme Court intending to force the same result.
Mr. Wade complained that then Premier Sir John Swan, sensing an overwhelming `no' vote, had attempted to delay the referendum and Mr. Mills was doing his political bidding. Sir John and Mr. Mills denied this.
Dr. Saul, who initially rejected calls for an inquiry, said on Tuesday it would "clear the air'' and "put paid to any innuendo''.
Mr. Wade welcomed the announcement.
"I think it's the only right and proper thing to do,'' Dr. Dyer said. It sounded like the terms of reference would be broad enough to deal with the "machinations'' that went on, he said.
Dr. Saul changed his mind and called for the inquiry to "avoid it becoming an embarrassment and a political football'', Dr. Dyer said.
There was a strong likelihood that an Opposition motion calling for an inquiry would pass, with support from the Government back bench.
Dr. Dyer did not comment on that, but said: "If you fail to deal with it when you have the ball in your court, then you lose your turn and somebody else takes it up.'' Mrs. Cartwright DeCouto said Dr. Saul "decided he was wrong'' for earlier rejecting calls for an inquiry.
"If my recollection serves, he hadn't even appointed a Cabinet or had the benefit of Cabinet advice when he made that peremptory announcement,'' she said.
Dr. Saul was "shooting from the hip'' and had apparently consulted with Cabinet and caucus since, she said.