Retired Court of Appeal Judge the Rt. Hon. Telford Georges has been named to head a Commission of Inquiry into the postponement of Bermuda's Independence Referendum.

The other commission members will be recently-retired Permanent Secretary of Finance Dr. Walwyn Hughes and lawyer and Corporation of Hamilton Councillor Miss Sonia Grant, Governor Lord Waddington announced yesterday.

Hearings are expected to begin in late October, the Governor said in a news release.

The Governor's announcement came as lawyer and Independence proponent Mr.

Philip Perinchief argued that his court challenge of the Referendum should be heard before any inquiry is convened.

Responding to pressure from the Opposition Progressive Labour Party and the United Bermuda Party back bench, Premier the Hon. David Saul recently asked Lord Waddington to call the inquiry.

Its job will be "to inquire into the circumstances and the events which occurred on Tuesday, 15 August, which led to the postponement of the Referendum on Independence to August 16 and to make any recommendations arising therefrom.'' Hurricane Felix passed close to Bermuda early on the morning of the 15th. The causeway was left temporarily impassable, and about a third of the Island was without power.

Soon after dawn, Cabinet Secretary Mr. Leopold Mills went on radio to say the vote was postponed indefinitely. Ms Valerie Pethen of Government Information Services told a reporter that Parliament would have to be reconvened before a new date could be set.

But 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. Later in the day, after apparent intervention by the Governor, the polls were opened and quickly shut so the Referendum could proceed the following morning.

Opposition Leader Mr. Frederick 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.

UBP backbencher the Hon. Ann Cartwright DeCouto, who along with Dr. David Dyer MP had suggested a judge might be the best person to conduct the inquiry, said yesterday: "We've got the judicial bias that is absolutely necessary and we have the local input.

"I think they're all honourable people, and I trust that they will carry out their duties expeditiously.'' Mrs. Cartwright DeCouto did express concern that Dr. Hughes had worked with Dr. Saul in the Ministry of Finance and could be seen as too close to the Premier "in the eyes of the public''.

Dr. Saul told The Royal Gazette he had no input in the naming of the commission."I tried studiously to not influence His Excellency one way or the other,'' the Premier said.

The make-up of the commission "seems fair and reasonable to me''.

Mr. Georges, who retired from the Bermuda Court of Appeal at the end of last year, is a former Chief Justice of Bahamas (1984-1989), Zimbabwe (1983), and Tanzania (1965-1971). Born in Dominica, Mr. Georges practised law in Trinidad & Tobago for many years and chaired a Bermuda Crime Commission in 1977-78.

Dr. Hughes retired in 1994 after 40 years with the Bermuda Government, the last six in the Finance Ministry.

Miss Grant, a lawyer, was the first woman elected to the Corporation of Hamilton.

Secretary to the Commission is Mr. Gladstone Bassett, who has served for many years as secretary to the Boundaries Commission.

Mr. Perinchief, a former Progressive Labour Party candidate who broke ranks with his party over its call for a Referendum boycott, said yesterday the inquiry would be sub judice , and therefore out of order.

Mr. Perinchief has applied to the Supreme Court to have the referendum declared "null and void ... because of the allegations of illegality''.

A hearing date has not been set. Mr. Perinchief said an inquiry would "certainly prejudice'' his hearing and should not go ahead.

Retired judge From Page 1 Dr. Saul said the issue raised by Mr. Perinchief was "entirely a legal matter'' and outside his purview. But he noted the Governor had announced plans for the inquiry a week ago and was now "on his way''.

Mrs. Cartwright DeCouto said she too had an unresolved case related to the Referendum before the Supreme Court. When she and the Hon. John Barritt went to court on August 15 to seek an order forcing the Referendum to proceed the next day, the matter was adjourned, not concluded, she said.

But she did not feel her case made the inquiry sub judice and "I don't think that the substance of Mr. Perinchief's action makes it sub judice , either,'' she said.

Under the Commission of Inquiry Act 1935, the commission has broad judicial powers, including the power of subpoena.

Mr. Wade, who plans to put forward a House of Assembly motion expressing support for the Governor's inquiry call, could not be reached for comment yesterday.

National Liberal Party Leader Mr. Gilbert Darrell said yesterday there was "no need'' for a Commission of Inquiry, which he expected would cost $150,000 to $200,000.

"The people have spoken. There is no need for an acrimonious rehash of the issue and personal political grandstanding.'' Instead, amendments should be made to the Parliamentary Election Act 1978 to prevent a repeat of what happened on August 15, he said.

Dr. Saul said the inquiry was "his Excellency's decision, not mine.'' He "would reserve comment'' on whether he sympathised with those who felt it was a waste of money.

"I do believe generally that it is necessary to clear the air,'' he said.