Sun | Oct 21, 2018

Inquiry or trial?

Published:Thursday | February 12, 2015 | 12:00 AM


Is the Tivoli Commission of Enquiry (COE) which resumed on Monday an inquiry or a trial? Isn't the COE supposed to take the initiative in trying to ascertain the truth?

I am now more than ever convinced, and will continue to maintain, that inquiries are supposed to be inquisitorial and not adversarial. The adversarial approach, as being practised by the Tivoli tribunal, does not provide for it to ascertain the truth. This approach has sides or parties pitted against each other, when there should be none. Certainly, there should be those who have an interest in challenging evidence given, but the COE should not treat them as sides or parties.

It now appears that all we are likely to end up with is a very expensive legal contest, with the tribunal's only apparent role being to declare a winner. We do need the truth!